1.1.................... moves to amend H.F. No. 3108 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to
1.4read:
1.5    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
1.6to any voter who the county auditor can determine has voted: (1) provided the address at
1.7which the voter maintains residence, but was allowed to vote in a precinct other than the
1.8precinct in which the voter maintains residence; and (2) not voted in the wrong precinct
1.9previously. The notice must be in the form provided by the secretary of state.
1.10(b) The county auditor shall mail a violation notice to any voter who otherwise voted
1.11in a precinct in which the voter did not maintain residence on election day. The county
1.12auditor shall also change the status of the voter in the statewide registration system to
1.13"challenged" and the voter shall be required to provide proof of residence to either the
1.14county auditor or to the election judges in the voter's precinct before voting in the next
1.15election. Any of the forms authorized by section 201.061 for registration at the polling
1.16place may be used for this purpose.
1.17(b) (c) A voter who votes in a precinct other than the precinct in which the
1.18voter maintains residence after receiving an initial violation notice as provided in this
1.19subdivision is guilty of a petty misdemeanor.
1.20(c) (d) A voter who votes in a precinct other than the precinct in which the voter
1.21maintains residence after having been found to have committed a petty misdemeanor
1.22under paragraph (b) is guilty of a misdemeanor.
1.23(d) (e) Reliance by the voter on inaccurate information regarding the location of
1.24the voter's polling place provided by the state, county, or municipality is an affirmative
1.25defense to a prosecution under this subdivision.

1.26    Sec. 2. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
2.1    Subdivision 1. Prior to election day. At any time except during the 20 days
2.2immediately preceding any regularly scheduled election, an eligible voter or any
2.3individual who will be an eligible voter at the time of the next election may register to vote
2.4in the precinct in which the voter maintains residence by completing a voter registration
2.5application as described in section 201.071, subdivision 1, and submitting it in person
2.6or by mail to the county auditor of that county or to the Secretary of State's Office.
2.7A registration that is received no later than 5:00 p.m. on the 21st day preceding any
2.8election shall be accepted. An improperly addressed or delivered registration application
2.9shall be forwarded within two working days after receipt to the county auditor of the
2.10county where the voter maintains residence. A state or local agency or an individual that
2.11accepts completed voter registration applications from a voter must submit the completed
2.12applications to the secretary of state or the appropriate county auditor within ten calendar
2.13days after the applications are dated by the voter.
2.14For purposes of this section, mail registration is defined as a voter registration
2.15application delivered to the secretary of state, county auditor, or municipal clerk by the
2.16United States Postal Service or a commercial carrier.

2.17    Sec. 3. Minnesota Statutes 2008, section 201.11, is amended to read:
2.18201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET ADDRESS
2.19CHANGED, CHANGE OF FILES.
2.20    Subdivision 1. Precinct boundaries changed. When the boundaries of a precinct
2.21are changed, the county auditor shall immediately update the voter records for that
2.22precinct in the statewide voter registration system to accurately reflect those changes.
2.23    Subd. 2. House number or street address changed. If a municipality
2.24administratively changes the number or name of a street address of an existing residence,
2.25the municipal clerk shall promptly notify the county auditor and the county auditor
2.26shall immediately update the voter records of registered voters in the statewide voter
2.27registration system to accurately reflect that change. A municipality must not make a
2.28change to the number or name of a street address of an existing residence effective during
2.29the 45 days prior to any election in a jurisdiction which includes the affected residence.

2.30    Sec. 4. Minnesota Statutes 2008, section 201.12, is amended to read:
2.31201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
2.32CHALLENGES.
2.33    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
2.34excess names, the county auditor may mail to any registered voter a notice stating the
3.1voter's name and address as they appear in the registration files. The notice shall request
3.2the voter to notify the county auditor if there is any mistake in the information.
3.3    Subd. 2. Moved within state. If any nonforwardable mailing from an election
3.4official is returned as undeliverable but with a permanent forwarding address in this state,
3.5the county auditor may shall change the voter's status to "inactive" in the statewide
3.6registration system and shall notify transmit a copy of the mailing to the auditor of the
3.7county in which the new address is located. Upon receipt of the notice, If an election is
3.8scheduled to occur in the precinct in which the voter resides in the next 47 days, the
3.9county auditor shall promptly update the voter's address in the statewide voter registration
3.10system and. If there is not an election scheduled, the auditor may wait to update the voter's
3.11address until after the next list of address changes is received from the secretary of state.
3.12Once updated, the county auditor shall mail to the voter a notice stating the voter's name,
3.13address, precinct, and polling place, except that if the voter's record is challenged due to a
3.14felony conviction, noncitizenship, name change, incompetence, or a court's revocation of
3.15voting rights of individuals under guardianship, the auditor must not mail the notice. The
3.16notice must advise the voter that the voter's voting address has been changed and that the
3.17voter must notify the county auditor within 21 days if the new address is not the voter's
3.18address of residence. The notice must state that it must be returned if it is not deliverable
3.19to the voter at the named address.
3.20    Subd. 3. Moved out of state. If any nonforwardable mailing from an election
3.21official is returned as undeliverable but with a permanent forwarding address outside this
3.22state, the county auditor shall promptly mail to the voter at the voter's new address a notice
3.23advising the voter that the voter's status in the statewide voter registration system will be
3.24changed to "inactive" unless the voter notifies the county auditor within 21 days that the
3.25voter is retaining the former address as the voter's address of residence. If the notice is not
3.26received by the deadline, the county auditor shall change the voter's status to "inactive"
3.27in the statewide voter registration system.
3.28    Subd. 4. Challenges. If any nonforwardable mailing from an election official
3.29is returned as undeliverable but with no forwarding address, the county auditor shall
3.30change the registrant's status to "challenged" in the statewide voter registration system.
3.31An individual challenged in accordance with this subdivision shall comply with the
3.32provisions of section 204C.12, before being allowed to vote. If a notice mailed at least
3.3360 days after the return of the first nonforwardable mailing is also returned by the postal
3.34service, the county auditor shall change the registrant's status to "inactive" in the statewide
3.35voter registration system.
3.36EFFECTIVE DATE.This section is effective June 1, 2011.

4.1    Sec. 5. Minnesota Statutes 2008, section 201.121, subdivision 3, is amended to read:
4.2    Subd. 3. Postelection sampling. Within ten days after an election, the county
4.3auditor shall send the notice required by subdivision 2 to a random sampling of the
4.4individuals registered on election day. The random sampling shall be determined in
4.5accordance with the rules of the secretary of state. As soon as practicable after the
4.6election, the county auditor shall mail the notice required by subdivision 2 to all other
4.7individuals registered on election day. If a notice is returned as not deliverable, the county
4.8auditor shall attempt to determine the reason for the return. A county auditor who does not
4.9receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately
4.10notify the county attorney of all of the relevant information and the secretary of state of
4.11the numbers by precinct. By March 1 of every odd-numbered year, the secretary of state
4.12shall report to the chair and ranking minority members of the legislative committees with
4.13jurisdiction over elections the number of notices reported under this subdivision to the
4.14secretary of state for the previous state general election by county and precinct.

4.15    Sec. 6. Minnesota Statutes 2008, section 201.13, is amended to read:
4.16201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER
4.17RECORDS.
4.18    Subdivision 1. Commissioner of health; reports of deceased residents. Pursuant
4.19to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health
4.20shall report monthly by electronic means to the secretary of state the name, address, date
4.21of birth, and county of residence of each individual 18 years of age or older who has died
4.22while maintaining residence in Minnesota since the last previous report. The secretary of
4.23state shall determine if any of the persons listed in the report are registered to vote and
4.24shall prepare a list of those registrants for each county auditor. Within 60 days after
4.25receiving the list from the secretary of state, the county auditor shall change the status of
4.26those registrants to "deceased" in the statewide voter registration system.
4.27    Subd. 1a. Social Security Administration; reports of deceased residents. The
4.28secretary of state shall determine if any of the persons listed on the Social Security
4.29Death Index are registered to vote and prepare a list of those registrants for each county
4.30auditor. The county auditor shall change the status of those registrants to "deceased"
4.31in the statewide voter registration system.
4.32    Subd. 2. Deceased nonresidents. After receiving notice of death of a voter who has
4.33died outside the county, the county auditor shall change the voter's status to "deceased."
4.34Notice must be in the form of a printed obituary or a written statement signed by a
4.35registered Minnesota voter of the county.
5.1    Subd. 3. Use of change of address system. (a) At least once each month the
5.2secretary of state shall obtain a list of individuals registered to vote in this state who
5.3have filed with the United States Postal Service a change of their permanent address.
5.4However, the secretary of state shall not load data derived from this list into the statewide
5.5voter registration system within the 47 days before the state primary or 47 days before a
5.6November general election.
5.7(b) If the address is changed to another address in this state, the secretary of state
5.8shall locate the precinct in which the voter resides, if possible. If the secretary of state
5.9is able to locate the precinct in which the voter resides, the secretary must transmit the
5.10information about the changed address by electronic means to the county auditor of the
5.11county in which the new address is located. If the voter has not voted or submitted a
5.12voter registration application since the address change, upon receipt of the information,
5.13the county auditor shall update the voter's address in the statewide voter registration
5.14system and. The county auditor shall mail to the voter a notice stating the voter's name,
5.15address, precinct, and polling place, unless the voter's record is challenged due to a felony
5.16conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
5.17rights of individuals under guardianship, in which case the auditor must not mail the
5.18notice. The notice must advise the voter that the voter's voting address has been changed
5.19and that the voter must notify the county auditor within 21 days if the new address is not
5.20the voter's address of residence. The notice must state that it must be returned if it is not
5.21deliverable to the voter at the named address.
5.22    (b) (c) If the change of permanent address is to an address outside this state, the
5.23secretary of state shall notify by electronic means the auditor of the county where the
5.24voter formerly resided that the voter has moved to another state. If the voter has not voted
5.25or submitted a voter registration application since the address change, the county auditor
5.26shall promptly mail to the voter at the voter's new address a notice advising the voter that
5.27the voter's status in the statewide voter registration system will be changed to "inactive"
5.28unless the voter notifies the county auditor within 21 days that the voter is retaining the
5.29former address as the voter's address of residence, except that if the voter's record is
5.30challenged due to a felony conviction, noncitizenship, name change, incompetence, or
5.31a court's revocation of voting rights of individuals under guardianship, the auditor must
5.32not mail the notice. If the notice is not received by the deadline, the county auditor shall
5.33change the voter's status to "inactive" in the statewide voter registration system.
5.34    Subd. 4. Request for removal of voter record. If a voter makes a written request
5.35for removal of the voter's record, the county auditor shall remove the record of the voter
5.36from the statewide voter registration system.
6.1EFFECTIVE DATE.Subdivision 1a is effective the day following final enactment.
6.2Subdivision 3 is effective June 1, 2011. The remainder of this section is effective August
6.31, 2010.

6.4    Sec. 7. Minnesota Statutes 2008, section 201.14, is amended to read:
6.5201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
6.6CHANGES OF NAMES.
6.7The state court administrator of district court in each county shall regularly report
6.8monthly by electronic means to the county auditor secretary of state the name and, address,
6.9and, if available, driver's license or state identification card number of each individual, 18
6.10years of age or over, who maintains residence in that county and whose name was changed
6.11during the month preceding the date of the since the last report, by marriage, divorce or any
6.12order or decree of the court. The secretary of state shall determine if any of the persons in
6.13the report are registered to vote under their previous name and shall prepare a list of those
6.14registrants for each county auditor. Upon receipt of the report list, the county auditor shall
6.15notify by mail each registered voter whose name was changed that it will be necessary to
6.16reregister under the changed name in order to vote make the change in the voter's record
6.17and mail to the voter the notice of registration required by section 201.121, subdivision 2.
6.18EFFECTIVE DATE.This section is effective June 1, 2011.

6.19    Sec. 8. Minnesota Statutes 2008, section 201.15, subdivision 1, is amended to read:
6.20    Subdivision 1. Guardianships and incompetents. Pursuant to the Help America
6.21Vote Act of 2002, Public Law 107-252, the state court administrator shall report monthly
6.22regularly by electronic means to the secretary of state the name, address, and date of birth,
6.23and, if available, driver's license or state identification card number of each individual 18
6.24years of age or over, who during the month preceding the date of the since the last report:
6.25(a) (1) was placed under a guardianship in which the court order revokes the ward's
6.26right to vote; or
6.27(b) (2) was adjudged legally incompetent.
6.28The court administrator shall also report the same information for each individual
6.29transferred to the jurisdiction of the court who meets a condition specified in clause (a)
6.30(1) or (b) (2). The secretary of state shall determine if any of the persons in the report is
6.31registered to vote and shall prepare a list of those registrants for the county auditor. The
6.32county auditor shall change the status on the record in the statewide registration system
7.1of any individual named in the report to indicate that the individual is not eligible to
7.2reregister or vote.

7.3    Sec. 9. Minnesota Statutes 2008, section 201.15, subdivision 2, is amended to read:
7.4    Subd. 2. Guardianship termination or modification. Pursuant to the Help
7.5America Vote Act of 2002, Public Law 107-252, the state court administrator shall report
7.6monthly regularly by electronic means to the secretary of state the name, address, and
7.7date of birth, and, if available, driver's license or state identification card number of each
7.8individual whose guardianship was modified to restore the ward's right to vote or whose
7.9guardianship was terminated by order of the court under section 524.5-317 after being
7.10ineligible to vote for any of the reasons specified in subdivision 1. The secretary of state
7.11shall determine if any of the persons in the report is registered to vote and shall prepare a
7.12list of those registrants for the county auditor. The county auditor shall change the status
7.13on the voter's record in the statewide registration system to "active."

7.14    Sec. 10. Minnesota Statutes 2008, section 201.155, is amended to read:
7.15201.155 REPORT ON FELONY CONVICTIONS.
7.16Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state
7.17court administrator shall report monthly regularly by electronic means to the secretary
7.18of state the name, address, date of birth, and, if available, driver's license or state
7.19identification card number, date of sentence, effective date of the sentence, and county
7.20in which the conviction occurred of each person who has been convicted of a felony.
7.21The state court administrator shall also report the name, address, and date of birth of
7.22each person previously convicted of a felony whose civil rights have been restored. The
7.23secretary of state shall determine if any of the persons in the report is registered to vote
7.24and shall prepare a list of those registrants for each county auditor. The county auditor
7.25shall change the status of those registrants in the appropriate manner in the statewide
7.26registration system.

7.27    Sec. 11. [201.157] USE OF DEPARTMENT OF CORRECTIONS DATA.
7.28As required by the Help America Vote Act of 2002, Public Law 107-252, the
7.29commissioner of corrections shall make electronic data available to the secretary of state
7.30on individuals 18 years old or older who are currently serving felony sentences under the
7.31commissioner's jurisdiction. The data must include the name, date of birth, corrections'
7.32state identification number, and if available, the driver's license or state identification card
7.33number, and, if an individual has completed the sentence, the date of discharge.
8.1The secretary of state must determine if any data newly indicates that:
8.2(1) an individual with an active voter registration in the statewide voter registration
8.3system is currently serving a felony sentence under the commissioner's jurisdiction and
8.4the individual's voter record does not already have a challenged status due to a felony
8.5conviction;
8.6(2) an individual with an active voter registration in the statewide voter registration
8.7system who is currently serving a felony sentence under the commissioner's jurisdiction
8.8appears to have registered or to have voted during a period when the individual's civil
8.9rights were revoked; and
8.10(3) an individual with a voter record that has a challenged status due to a felony
8.11conviction who was serving a felony sentence under the commissioner's jurisdiction has
8.12been discharged from a sentence.
8.13The secretary of state shall prepare a list of the registrants included under clause (1),
8.14(2), or (3), for each county auditor. For individuals under clause (1), the county auditor
8.15shall challenge the individual's record in the statewide voter registration system. The
8.16county auditor must provide information to the county attorney about individuals under
8.17clause (2) for the county attorney's investigation. For individuals under clause (3), the
8.18county auditor must determine if the challenge status should be removed from the voter
8.19record for the individual, and if so, must remove the challenge.
8.20The secretary of state must make the required determinations and provide the
8.21required lists to the county auditors at least monthly.
8.22For each state general election that occurs prior to the statewide voter registration
8.23system being programmed to generate lists as required by this section, the secretary of
8.24state must make the determination and provide lists to the county auditors between 30 and
8.2560 days before the election and again between six and ten weeks after the election. In the
8.26year following that state election, the secretary of state must make this determination and
8.27provide lists to the county auditors again as part of the annual list maintenance.
8.28EFFECTIVE DATE.This section is effective August 1, 2010.

8.29    Sec. 12. [201.158] USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
8.30As required by the Help America Vote Act of 2002, Public Law 107-252, the
8.31commissioner of public safety shall make electronic data on citizenship available to the
8.32secretary of state. The secretary of state must determine whether the data newly indicates
8.33that any individuals who have active records in the statewide voter registration system
8.34are not citizens. The secretary of state shall prepare a list of those voters for each county
8.35auditor. The county auditor shall change the status of those registrants in the statewide
9.1voter registration system to reflect that they are challenged based upon their citizenship
9.2and must notify the county attorney.
9.3In 2010, the secretary of state must make the determination and provide lists
9.4to the county auditors between 30 and 60 days before the general election and again
9.5between six and ten weeks after the election. In 2011, the secretary of state must make
9.6this determination again as part of the annual list maintenance. By August 1, 2012, the
9.7secretary of state must provide electronic lists to the counties at least monthly.

9.8    Sec. 13. Minnesota Statutes 2008, section 201.171, is amended to read:
9.9201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
9.10REGISTRATION REMOVED.
9.11    Within six weeks after every election, the county auditor shall post the voting
9.12history for every person who voted in the election. After the close of the calendar year, the
9.13secretary of state shall determine if any registrants have not voted during the preceding
9.14four years. The secretary of state shall perform list maintenance by changing the status of
9.15those registrants to "inactive" in the statewide registration system. The list maintenance
9.16performed must be conducted in a manner that ensures that the name of each registered
9.17voter appears in the official list of eligible voters in the statewide registration system.
9.18A voter must not be removed from the official list of eligible voters unless the voter is
9.19not eligible or is not registered to vote. List maintenance must include procedures for
9.20eliminating duplicate names from the official list of eligible voters.
9.21    The secretary of state shall also prepare a report to the county auditor containing the
9.22names of all registrants whose status was changed to "inactive."
9.23    Registrants whose status was changed to "inactive" must register in the manner
9.24specified in section 201.054 before voting in any primary, special primary, general, school
9.25district, or special election, as required by section 201.018.
9.26    Although not counted in an election, a late or rejected absentee or mail ballot must
9.27be considered a vote for the purpose of continuing registration under this section, but is
9.28not considered voting history for the purpose of public information lists available under
9.29section 201.091, subdivision 4.

9.30    Sec. 14. Minnesota Statutes 2008, section 203B.02, subdivision 3, is amended to read:
9.31    Subd. 3. Permanent Indefinite residence abroad. A United States citizen living
9.32permanently indefinitely outside the United States who is eligible under federal law to
9.33vote in federal elections in Minnesota may vote by absentee ballot only as provided in
9.34sections 203B.16 to 203B.27.

10.1    Sec. 15. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
10.2    Subdivision 1. Application procedures. Except as otherwise allowed by
10.3subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
10.4for any election may be submitted at any time not less than one day before the day of
10.5that election. The county auditor shall prepare absentee ballot application forms in the
10.6format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
10.7and shall furnish them to any person on request. By January 1 of each even-numbered
10.8year, the secretary of state shall make the forms to be used available to auditors through
10.9electronic means. An application submitted pursuant to this subdivision shall be in writing
10.10and shall be submitted to:
10.11    (a) (1) the county auditor of the county where the applicant maintains residence; or
10.12    (b) (2) the municipal clerk of the municipality, or school district if applicable, where
10.13the applicant maintains residence.
10.14    An application shall be approved if it is timely received, signed and dated by the
10.15applicant, contains the applicant's name and residence and mailing addresses, and states
10.16that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
10.17section 203B.02. The application may contain a request for the voter's date of birth, which
10.18must not be made available for public inspection. An application may be submitted to
10.19the county auditor or municipal clerk by an electronic facsimile device. An application
10.20mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
10.21by a person other than the voter must be deposited in the mail or returned in person to
10.22the county auditor or municipal clerk within ten days after it has been dated by the voter
10.23and no later than six days before the election. The absentee ballot applications or a list of
10.24persons applying for an absentee ballot may not be made available for public inspection
10.25until the close of voting on election day.
10.26    An application under this subdivision may contain an application under subdivision
10.275 to automatically receive an absentee ballot application.

10.28    Sec. 16. Minnesota Statutes 2008, section 203B.06, subdivision 5, is amended to read:
10.29    Subd. 5. Preservation of records. An application for absentee ballots shall be
10.30dated by the county auditor or municipal clerk when it is received and shall be initialed
10.31when absentee ballots are mailed or delivered to the applicant. All applications shall be
10.32preserved by the county auditor or municipal clerk and arranged according to precincts
10.33and the initial letter of the applicant's surname for 22 months.

10.34    Sec. 17. Minnesota Statutes 2008, section 203B.16, subdivision 2, is amended to read:
11.1    Subd. 2. Permanent Indefinite residence outside United States. Sections 203B.16
11.2to 203B.27 provide the exclusive voting procedure for United States citizens who are
11.3living permanently indefinitely outside the territorial limits of the United States who meet
11.4all the qualifications of an eligible voter except residence in Minnesota, but who are
11.5authorized by federal law to vote in Minnesota because they maintained residence in
11.6Minnesota for at least 20 days immediately prior to their departure from the United States.
11.7Individuals described in this subdivision shall be permitted to vote only for the offices of
11.8president, vice-president, senator in Congress, and representative in Congress.

11.9    Sec. 18. Minnesota Statutes 2008, section 203B.19, is amended to read:
11.10203B.19 RECORDING APPLICATIONS.
11.11    Upon accepting an application, the county auditor shall record in the statewide
11.12registration system the voter's name, address of present or former residence in Minnesota,
11.13mailing address, school district number, passport number, Minnesota driver's license
11.14number or state identification card number, or the last four digits of the voter's Social
11.15Security number, and whether the voter is in the military or the spouse or dependent of an
11.16individual serving in the military, is a voter temporarily outside the territorial limits of the
11.17United States, or is living permanently outside the territorial limits of the United States
11.18and voting under federal law. The county auditor shall retain the record for six years. A
11.19voter whose name is recorded as provided in this section shall not be required to register
11.20under any other provision of law in order to vote under sections 203B.16 to 203B.27.
11.21Persons from whom applications are not accepted must be notified by the county auditor
11.22and provided with the reasons for the rejection.
11.23    No later than 60 days after the general election, the county auditor shall report to the
11.24secretary of state the combined number of absentee ballots transmitted to absent voters
11.25described in section 203B.16. No later than 60 days after the general election, the county
11.26auditor shall report to the secretary of state and the combined number of absentee ballots
11.27returned and cast by absent voters described in section 203B.16. The secretary of state
11.28may require the information be reported by category under section 203B.16 or by precinct.
11.29    No later than 90 days after the general election, the secretary of state shall report to
11.30the federal Election Assistance Commission the number of absentee ballots transmitted
11.31to voters under section 203B.16.

11.32    Sec. 19. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
11.33    Subd. 2. Candidates seeking nomination by primary. No individual who
11.34seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
12.1for the same office by nominating petition, except as otherwise provided for partisan
12.2offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13,
12.3subdivision 4 .

12.4    Sec. 20. Minnesota Statutes 2008, section 204B.135, subdivision 4, is amended to read:
12.5    Subd. 4. Special elections; limitations. No municipality or school district may
12.6conduct a special election during the 19 weeks before the state primary election in the year
12.7ending in two, except for special elections conducted on the date of the school district
12.8general election. A school district special election required by any other law may be
12.9deferred until the date of the next school district general election, the state primary
12.10election, or the state general election.

12.11    Sec. 21. Minnesota Statutes 2008, section 204B.14, is amended by adding a
12.12subdivision to read:
12.13    Subd. 4a. Municipal boundary adjustment procedure. A change in the boundary
12.14of an election precinct that has occurred as a result of a municipal boundary adjustment
12.15made under chapter 414 that is effective more than 21 days before a regularly scheduled
12.16election takes effect at the scheduled election.
12.17A change in the boundary of an election precinct that has occurred as a result of a
12.18municipal boundary adjustment made under chapter 414 that is effective less than 21 days
12.19before a regularly scheduled election takes effect the day after the scheduled election.

12.20    Sec. 22. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
12.21    Subdivision 1. Booths; voting stations. (a) Each polling place must contain a
12.22number of voting booths or voting stations in proportion to the number of individuals
12.23eligible to vote in the precinct. Each booth or station must be at least six feet high,
12.24three feet deep and two feet wide with a shelf at least two feet long and one foot wide
12.25placed at a convenient height for writing. The booth or station shall permit the voter to
12.26vote privately and independently.
12.27(b) Each polling place must have at least one accessible voting booth or other
12.28accessible voting station and beginning with federal and state elections held after
12.29December 31, 2005, and county, municipal, and school district elections held after
12.30December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help
12.31America Vote Act, Public Law 107-252.
12.32(c) Local jurisdictions must make accessible voting stations purchased with funds
12.33provided from the Help America Vote Act account available to other local jurisdictions
13.1holding stand-alone elections. The jurisdiction providing the equipment may require the
13.2jurisdiction using the equipment to reimburse any direct actual costs incurred as a result
13.3of the equipment's use and any prorated indirect costs of maintaining and storing the
13.4equipment. A rental or other similar use fee may not be charged.
13.5Any funds received under this clause for expenses incurred by that local jurisdiction
13.6as a direct result of making the equipment available that were not paid for in whole or in
13.7part with funds from the Help America Vote Act account are not program income under
13.8the Help America Vote Act, Public Law 107-252.
13.9Any funds received by a local jurisdiction making the equipment available as
13.10reimbursement for expenses as defined as "operating costs" under Laws 2005, chapter 162,
13.11section 34, subdivision 1, paragraph (b), and paid for in whole or in part with funds from
13.12the Help America Vote Act account must be treated as program income and deposited into
13.13the jurisdiction's Help America Vote Act account in the direct proportion that funds from
13.14the Help America Vote Act account were used to pay for those "operating costs."
13.15(d) All booths or stations must be constructed so that a voter is free from observation
13.16while marking ballots. During the hours of voting, the booths or stations must have
13.17instructions, a pencil, and other supplies needed to mark the ballots. A chair must be
13.18provided for elderly voters and voters with disabilities to use while voting or waiting
13.19to vote. Stable flat writing surfaces must also be made available to voters who are
13.20completing election-related forms.
13.21(e) All ballot boxes, voting booths, voting stations, and election judges must be
13.22in open public view in the polling place.
13.23EFFECTIVE DATE.This section is effective the day following final enactment.

13.24    Sec. 23. Minnesota Statutes 2008, section 204B.22, subdivision 1, is amended to read:
13.25    Subdivision 1. Minimum number required. (a) A minimum of three four election
13.26judges shall be appointed for each precinct, except as provided by subdivision 2. In a
13.27combined polling place under section 204B.14, subdivision 2, at least one judge must be
13.28appointed from each municipality in the combined polling place, provided that not less
13.29than three judges shall be appointed for each combined polling place. The appointing
13.30authorities may appoint election judges for any precinct in addition to the number required
13.31by this subdivision including additional election judges to count ballots after voting has
13.32ended.
13.33(b) An election judge may serve for all or part of election day, at the discretion of
13.34the appointing authority, as long as the minimum number of judges required is always
13.35present. The head election judge designated under section 204B.20 must serve for all of
14.1election day and be present in the polling place unless another election judge has been
14.2designated by the head election judge to perform the functions of the head election judge
14.3during any absence.

14.4    Sec. 24. Minnesota Statutes 2008, section 204B.22, subdivision 2, is amended to read:
14.5    Subd. 2. Additional election judges in paper ballot precincts Exception. In
14.6precincts using paper ballots, A minimum of three election judges shall be appointed in
14.7precincts not using electronic voting equipment. One additional election judge shall be
14.8appointed for each 150 votes cast in that precinct at the last similar election. At each
14.9state primary or state general election in precincts using paper ballots and in which more
14.10than 300 votes were cast at the last similar election, additional election judges shall be
14.11appointed to count the ballots and complete the returns in place of the election board
14.12that served while voting was taking place.

14.13    Sec. 25. Minnesota Statutes 2008, section 204B.24, is amended to read:
14.14204B.24 ELECTION JUDGES; OATH.
14.15Each election judge shall sign the following oath before assuming the duties of
14.16the office:
14.17"I .......... solemnly swear (or affirm) that I will perform the duties of election judge
14.18according to law and the best of my ability and will diligently endeavor to prevent fraud,
14.19deceit and abuse in conducting this election. I will perform my duties in a fair and impartial
14.20manner and not attempt to create an advantage for my party or for any candidate."
14.21The oath shall be attached to the summary statement of the election returns of that
14.22precinct. If there is no individual present who is authorized to administer oaths, the
14.23election judges may administer the oath to each other.

14.24    Sec. 26. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
14.25    Subd. 2. Election law and instructions. The secretary of state shall prepare and
14.26publish a volume containing all state general laws relating to elections. The attorney
14.27general shall provide annotations to the secretary of state for this volume. On or before
14.28July August 1 of every even-numbered odd-numbered year the secretary of state shall
14.29furnish to the county auditors and municipal clerks enough copies of this volume so that
14.30each county auditor and municipal clerk will have at least one copy. On or before July 1
14.31of every even-numbered year, the secretary of state shall prepare and make an electronic
14.32copy available on the office's Web site. The secretary of state may prepare and transmit
14.33to the county auditors and municipal clerks detailed written instructions for complying
15.1with election laws relating to the conduct of elections, conduct of voter registration and
15.2voting procedures.
15.3EFFECTIVE DATE.This section is effective the day following final enactment.

15.4    Sec. 27. Minnesota Statutes 2008, section 204B.27, subdivision 3, is amended to read:
15.5    Subd. 3. Instruction posters. At least 25 days before every state primary election
15.6the secretary of state shall prepare and furnish to the county auditor of each county in
15.7which paper ballots are used, voter instruction posters printed in large type upon cards or
15.8heavy paper. The instruction posters must contain the information needed to enable the
15.9voters to cast their paper ballots quickly and correctly and indicate the types of assistance
15.10available for elderly and disabled voters. Two instruction posters shall be furnished for
15.11each precinct in which paper ballots are used. Upon mutual agreement, the secretary of
15.12state may provide the posters in an electronic format.
15.13EFFECTIVE DATE.This section is effective the day following final enactment.

15.14    Sec. 28. Minnesota Statutes 2008, section 204B.28, is amended by adding a
15.15subdivision to read:
15.16    Subd. 3. Certification of number. The county auditor or municipal clerk must
15.17certify the number of ballots being provided to each precinct and provide this number to
15.18the election judges for inclusion on the summary statement. The auditor or clerk must not
15.19open prepackaged ballots, but must count the ballots, presuming that the total count for
15.20each package is correct.

15.21    Sec. 29. Minnesota Statutes 2008, section 204B.38, is amended to read:
15.22204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
15.23When the similarity of surnames both the first and last names of two or more
15.24candidates for the same office at the same election may cause confusion to voters, up to
15.25three additional words may be printed on the ballot after each surname to indicate the
15.26candidate's occupation, office, residence or any combination of them if the candidate
15.27furnishes the identifying words to the filing officer by the last day for withdrawal of
15.28candidacy.
15.29EFFECTIVE DATE.This section is effective the day following final enactment.

15.30    Sec. 30. Minnesota Statutes 2008, section 204C.02, is amended to read:
16.1204C.02 APPLICATION.
16.2This chapter applies to all elections held in this state except as otherwise provided
16.3by law.
16.4An individual who is unable to write the individual's name must sign election-related
16.5documents in the manner provided by section 645.44, subdivision 14. An individual who
16.6has power of attorney for another person may not sign election-related documents for that
16.7person, except as provided by this section.

16.8    Sec. 31. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
16.9    Subdivision 1. Right to be absent. Every employee who is eligible to vote in an
16.10election has the right to be absent from work for the purpose of voting during the morning
16.11of for the time necessary to appear at the employee's polling place, cast a ballot, and return
16.12to work on the day of that election, without penalty or deduction from salary or wages
16.13because of the absence. An employer or other person may not directly or indirectly refuse,
16.14abridge, or interfere with this right or any other election right of an employee.
16.15EFFECTIVE DATE.This section is effective the day following final enactment.

16.16    Sec. 32. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
16.17    Subdivision 1. Lingering Persons allowed near polling place. An individual shall
16.18be allowed to go to and from the polling place for the purpose of voting without unlawful
16.19interference. No one except an election official or an individual who is waiting to register
16.20or to vote or an individual who is conducting exit polling shall stand within 100 feet of
16.21the building in which a polling place is located. "Exit polling" is defined as approaching
16.22voters in a predetermined pattern as they leave the polling place after they have voted and
16.23asking voters to fill out an anonymous, written questionnaire.

16.24    Sec. 33. Minnesota Statutes 2008, section 204C.08, is amended to read:
16.25204C.08 OPENING OF POLLING PLACES.
16.26    Subdivision 1. Arrival; ballots. The election judges shall meet at the polling place
16.27at least one hour before the time for opening the polls. Before the polls open, the election
16.28judges shall compare the ballots used with the sample ballots, electronic ballot displays,
16.29and audio ballot reader furnished to see that the names, numbers, and letters on both agree
16.30and shall certify to that fact on forms provided for that purpose. The certification must
16.31be filed with the election returns.
17.1    Subd. 1a. Display of flag. Upon their arrival at the polling place on the day of
17.2election, the election judges shall cause the national flag to be displayed on a suitable
17.3staff at the entrance to the polling place. The flag shall be displayed continuously during
17.4the hours of voting and the election judges shall attest to that fact by signing the flag
17.5certification statement on the precinct summary statement. The election judges shall
17.6receive no compensation for any time during which they intentionally fail to display
17.7the flag as required by this subdivision.
17.8    Subd. 1a. 1b. Voter's Bill of Rights. The county auditor shall prepare and provide
17.9to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as
17.10set forth in this section. Before the hours of voting are scheduled to begin, the election
17.11judges shall post it in a conspicuous location or locations in the polling place. The Voter's
17.12Bill of Rights is as follows:
17.14For all persons residing in this state who meet federal voting eligibility requirements:
17.15(1) You have the right to be absent from work for the purpose of voting during the
17.16morning of without reduction to your pay, personal leave, or vacation time on election day
17.17for the time necessary to appear at your polling place, cast a ballot, and return to work.
17.18(2) If you are in line at your polling place any time between 7:00 a.m. and before
17.198:00 p.m., you have the right to vote.
17.20(3) If you can provide the required proof of residence, you have the right to register
17.21to vote and to vote on election day.
17.22(4) If you are unable to sign your name, you have the right to orally confirm your
17.23identity with an election judge and to direct another person to sign your name for you.
17.24(5) You have the right to request special assistance when voting.
17.25(6) If you need assistance, you may be accompanied into the voting booth by a
17.26person of your choice, except by an agent of your employer or union or a candidate.
17.27(7) You have the right to bring your minor children into the polling place and into
17.28the voting booth with you.
17.29(8) If you have been convicted of a felony but your felony sentence has expired (been
17.30completed) or you have been discharged from your sentence, you have the right to vote.
17.31(9) If you are under a guardianship, you have the right to vote, unless the court
17.32order revokes your right to vote.
17.33(10) You have the right to vote without anyone in the polling place trying to
17.34influence your vote.
17.35(11) If you make a mistake or spoil your ballot before it is submitted, you have the
17.36right to receive a replacement ballot and vote.
18.1(12) You have the right to file a written complaint at your polling place if you are
18.2dissatisfied with the way an election is being run.
18.3(13) You have the right to take a sample ballot into the voting booth with you.
18.4(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
18.5booth with you."
18.6    Subd. 2. Posting of voting instructions. Before the hours for voting are scheduled
18.7to begin, the election judges shall post any official voter instruction posters furnished to
18.8them in a conspicuous location or locations in the polling place.
18.9    Subd. 2a. Sample ballots. A At least two sample ballot ballots must be posted in a
18.10conspicuous location in the polling place and must remain open to inspection by the voters
18.11throughout election day. The sample ballot ballots must accurately reflect the offices,
18.12candidates, and rotation sequence on the ballots used in that polling place. The sample
18.13ballots may be either in full or reduced size.
18.14    Subd. 3. Locking of ballot boxes box. Immediately before the time when voting
18.15is scheduled to begin, one of the election judges shall open the ballot boxes box in the
18.16presence of the individuals assembled at the polling place, turn the boxes upside down to
18.17demonstrate that it is empty them, lock them it, and deliver the key to another election
18.18judge. Except as provided by law or rule, the boxes box shall not be reopened except
18.19to count the ballots until after the hours for voting have ended and all voting has been
18.20concluded. The boxes box shall be kept in public view at all times during voting hours.
18.21After locking the ballot boxes box, the election judges shall proclaim that voting may
18.22begin, and shall post outside the polling place conspicuous written or printed notices of
18.23the time when voting is scheduled to end.
18.24    Subd. 4. Ballot boxes, box boxcar seals. The governing body of a municipality or
18.25school district by resolution may direct the municipal or school district clerk to furnish
18.26a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a
18.27numbered metal strap with a self-locking device securely attached to one end of the strap
18.28so that the other end may be inserted and securely locked in the seal. No two metal straps
18.29shall bear the same number.

18.30    Sec. 34. Minnesota Statutes 2008, section 204C.09, subdivision 1, is amended to read:
18.31    Subdivision 1. Counting and initialing. (a) Before the voting begins, as least two
18.32election judges must certify the number of ballots delivered to the precinct. Election
18.33judges may conduct this count, presuming that the total count provided for prepackaged
18.34ballots is correct. As each package is opened, two judges must count the ballots in the
19.1package to ensure that the total count provided for the package is correct. Any discrepancy
19.2must be noted on the incident log.
19.3(b) Before the voting begins, or as soon as possible after it begins, at least two
19.4election judges shall each initial the backs of all the ballots. The election judges shall
19.5not otherwise mark the ballots.

19.6    Sec. 35. Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:
19.7    Subd. 2. Statement of grounds; oath. A challenger must be a resident of this state.
19.8The secretary of state shall prepare a form that challengers must complete and sign when
19.9making a challenge. The form must include space to state the ground for the challenge,
19.10a statement that the challenge is based on the challenger's personal knowledge, and a
19.11statement that the challenge is made under oath. The form must include a space for the
19.12challenger's printed name, signature, telephone number, and address.
19.13An election judge shall administer to the challenged individual the following oath:
19.14"Do you solemnly swear (or affirm) that you will fully and truly answer all questions
19.15put to you concerning your eligibility to vote at this election?"
19.16The election judge shall then ask the challenged individual sufficient questions to
19.17test that individual's residence and right to vote.

19.18    Sec. 36. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
19.19    Subd. 2. Voting booths. One of the election judges shall explain to the voter the
19.20proper method of marking and folding the ballots and, during a primary election, the effect
19.21of attempting to vote in more than one party's primary. Except as otherwise provided in
19.22section 204C.15, the voter shall retire alone to an unoccupied voting booth and or, at the
19.23voter's discretion, the voter may choose to use another writing surface. The voter shall
19.24mark the ballots without undue delay. The voter may take sample ballots into the booth to
19.25assist in voting. The election judges may adopt and enforce reasonable rules governing the
19.26amount of time a voter may spend in the voting booth marking ballots.

19.27    Sec. 37. Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:
19.28    Subdivision 1. Information requirements. Precinct summary statements shall be
19.29submitted by the election judges in every precinct. For all elections, the election judges
19.30shall complete three or more copies of the summary statements, and each copy shall
19.31contain the following information for each kind of ballot:
20.1(a) the number of ballots delivered to the precinct as adjusted by the actual count
20.2made by the election judges, the number of unofficial ballots made, and the number of
20.3absentee ballots delivered to the precinct;
20.4(b) the number of votes each candidate received or the number of yes and no votes
20.5on each question, the number of undervotes or partially blank ballots, and, the number of
20.6overvotes or partially , and the number of defective ballots with respect to each office or
20.7question;
20.8(b) the number of totally blank ballots, the number of totally defective ballots, (c) the
20.9number of spoiled ballots, the number of duplicate ballots made, the number of absentee
20.10ballots rejected, and the number of unused ballots, presuming that the total count provided
20.11on each package of unopened prepackaged ballots is correct;
20.12(c) (d) the number of individuals who voted at the election in the precinct which
20.13must equal the total number of ballots cast in the precinct, as required by sections 204C.20
20.14and 206.86, subdivision 1;
20.15(d) (e) the number of voters registering on election day in that precinct; and
20.16(e) (f) the signatures of the election judges who counted the ballots certifying that
20.17all of the ballots cast were properly piled, checked, and counted; and that the numbers
20.18entered by the election judges on the summary statements correctly show the number of
20.19votes cast for each candidate and for and against each question.
20.20At least two copies of the summary statement must be prepared for elections not
20.21held on the same day as the state elections.

20.22    Sec. 38. Minnesota Statutes 2008, section 204C.28, subdivision 1, is amended to read:
20.23    Subdivision 1. County auditor. Every county auditor shall remain at the auditor's
20.24office to receive delivery of the returns, to permit public inspection of the summary
20.25statements, and to tabulate the votes until all have been tabulated and the results made
20.26known, or until 24 hours have elapsed since the end of the hours for voting, whichever
20.27occurs first. Every county auditor shall, in the presence of the municipal clerk or the
20.28election judges who deliver the returns, make a record of all materials delivered, the time of
20.29delivery, and the names of the municipal clerk or election judges who made delivery. The
20.30record must include the number of ballots delivered to the precinct, as certified by section
20.31204B.28, and the total number of ballots returned, as certified by the election judges under
20.32section 204C.24. A discrepancy between the number of ballots delivered to the precinct
20.33and the number of total ballots returned by election judges that cannot be reconciled by
20.34taking into account the adjustments made by the election judge counts and any unofficial
20.35ballots must be noted, but does not disqualify the votes from that precinct or invalidate the
21.1election. The county auditor shall file the record and all envelopes containing ballots in a
21.2safe and secure place with envelope seals unbroken. Access to the record and ballots shall
21.3be strictly controlled. Accountability and a record of access shall be maintained by the
21.4county auditor during the period for contesting elections or, if a contest is filed, until the
21.5contest has been finally determined. Thereafter, the record shall be retained in the auditor's
21.6office for the same period as the ballots as provided in section 204B.40.
21.7The county auditor shall file all envelopes containing ballots in a safe place
21.8with seals unbroken. If the envelopes were previously opened by proper authority for
21.9examination or recount, the county auditor shall have the envelopes sealed again and
21.10signed by the individuals who made the inspection or recount. The envelopes may be
21.11opened by the county canvassing board if necessary to procure election returns that the
21.12election judges inadvertently may have sealed in the envelopes with the ballots. In that
21.13case, the envelopes shall be sealed again and signed in the same manner as otherwise
21.14provided in this subdivision.

21.15    Sec. 39. Minnesota Statutes 2008, section 204C.28, subdivision 2, is amended to read:
21.16    Subd. 2. Clerks. The clerk of every first, second, and third class city shall remain at
21.17the clerk's office to receive delivery of returns, or until 24 hours have elapsed since the
21.18end of the hours for voting, whichever occurs first. The clerk of every first class city shall
21.19keep a book in which, in the presence of the election judges or other individuals who
21.20deliver the returns, the clerk shall make a record of all materials delivered, the time of
21.21delivery, and the names of the election judges or other individuals who made delivery.
21.22 The record must include the number of ballots delivered to the precinct, as certified by
21.23section 204B.28, and the total number of ballots returned, as certified by the election
21.24judges under section 204C.24. A discrepancy between the number of ballots delivered
21.25to the precinct and the number of total ballots returned by election judges that cannot be
21.26reconciled by taking into account the adjustments made by the election judge counts and
21.27any unofficial ballots must be noted, but does not disqualify the votes from that precinct or
21.28invalidate the election. The book shall be retained in the clerk's office for the same period
21.29as the ballots as provided in section 204B.40.

21.30    Sec. 40. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
21.31    Subdivision 1. County canvass. The county canvassing board shall meet at the
21.32county auditor's office on or before the seventh day following the state general election.
21.33After taking the oath of office, the board shall promptly and publicly canvass the general
22.1election returns delivered to the county auditor. Upon completion of the canvass, the board
22.2shall promptly prepare and file with the county auditor a report which states:
22.3(a) the number of individuals voting at the election in the county and in each precinct;
22.4(b) the number of individuals registering to vote on election day and the number of
22.5individuals registered before election day in each precinct;
22.6(c) the names of the candidates for each office and the number of votes received
22.7by each candidate in the county and in each precinct, including write-in candidates for
22.8state and federal office who have requested under section 204B.09 that votes for those
22.9candidates be tallied;
22.10(d) the number of votes counted for and against a proposed change of county lines
22.11or county seat; and
22.12(e) the number of votes counted for and against a constitutional amendment or other
22.13question in the county and in each precinct.
22.14The result of write-in votes cast on the general election ballots must be compiled by
22.15the county auditor before the county canvass, except that write-in votes for a candidate for
22.16federal, state, or federal county office must not be counted unless the candidate has timely
22.17filed a request under section 204B.09, subdivision 3. The county auditor shall arrange
22.18for each municipality to provide an adequate number of election judges to perform this
22.19duty or the county auditor may appoint additional election judges for this purpose. The
22.20county auditor may open the envelopes or containers in which the voted ballots have been
22.21sealed in order to count and record the write-in votes and must reseal the voted ballots at
22.22the conclusion of this process. The county auditor must prepare a separate report of votes
22.23received by precinct for write-in candidates for federal, state, and county offices who have
22.24requested under section 204B.09 that votes for those candidates be tallied.
22.25Upon completion of the canvass, the county canvassing board shall declare the
22.26candidate duly elected who received the highest number of votes for each county and state
22.27office voted for only within the county. The county auditor shall transmit one of the a
22.28certified copies copy of the county canvassing board report for state and federal offices to
22.29the secretary of state by messenger, express mail, or similar service immediately upon
22.30conclusion of the county canvass.

22.31    Sec. 41. Minnesota Statutes 2008, section 204C.35, subdivision 2, is amended to read:
22.32    Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was
22.33on the ballot for nomination or election to a statewide federal office, state constitutional
22.34office, statewide judicial office, congressional office, state legislative office, or district
22.35judicial office may request a recount in a manner provided in this section at the candidate's
23.1own expense when the vote difference is greater than the difference required by this
23.2section. The votes shall be manually recounted as provided in this section if the candidate
23.3files a request during the time for filing notice of contest of the primary or election for
23.4which a recount is sought.
23.5    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety
23.6in an amount set by the filing officer for the payment of the recount expenses. The
23.7requesting candidate is responsible for the following expenses: the compensation of the
23.8secretary of state, or designees, and any election judge, municipal clerk, county auditor,
23.9administrator, or other personnel who participate in the recount; the costs of computer
23.10operation, preparation of ballot counting equipment, necessary supplies and travel
23.11related to the recount; the compensation of the appropriate canvassing board and costs of
23.12preparing for the canvass of recount results; and any attorney fees incurred in connection
23.13with the recount by the governing body responsible for the recount.
23.14    (c) The requesting candidate may provide the filing officer with a list of up to three
23.15precincts that are to be recounted first and may waive the balance of the recount after these
23.16precincts have been counted. If the candidate provides a list, the recount official must
23.17determine the expenses for those precincts in the manner provided by paragraph (b).
23.18    (d) If the winner of the race is changed by the optional recount, the cost of the
23.19recount must be paid by the jurisdiction conducting the recount.
23.20    (e) If a result of the vote counting in the manual recount is different from the result
23.21of the vote counting reported on election day by a margin greater than the standard for
23.22acceptable performance of voting systems provided in section 206.89, subdivision 4, the
23.23cost of the recount must be paid by the jurisdiction conducting the recount.

23.24    Sec. 42. Minnesota Statutes 2008, section 204C.35, subdivision 3, is amended to read:
23.25    Subd. 3. Scope of recount. A recount conducted as provided in this section is
23.26limited in scope to the determination of the number of votes validly cast for the office to
23.27be recounted. Only the ballots cast in the election and the summary statements certified
23.28by the election judges may be considered in the recount process. Original ballots that
23.29have been duplicated under section 206.86, subdivision 5, are not within the scope of a
23.30recount and must not be examined except as provided by a court in an election contest
23.31under chapter 209.

23.32    Sec. 43. Minnesota Statutes 2008, section 204C.36, subdivision 3, is amended to read:
23.33    Subd. 3. Discretionary ballot question recounts. A recount may be conducted
23.34for a ballot question when the difference between the votes for and the votes against the
24.1question is less than or equal to the difference provided in subdivision 1. A recount may
24.2be requested by any person eligible to vote on the ballot question. A written request for a
24.3recount must be filed with the filing officer of the county, municipality, or school district
24.4placing the question on the ballot and must be accompanied by a petition containing the
24.5signatures of 25 voters eligible to vote on the question. Upon receipt of a written request
24.6when the difference between the votes for and the votes against the question is less than or
24.7equal to the difference provided in subdivision 1, the county auditor shall recount the votes
24.8for a county question at the expense of the county, the governing body of the municipality
24.9shall recount the votes for a municipal question at the expense of the municipality, and the
24.10school board of the school district shall recount the votes for a school district question at
24.11the expense of the school district. If the difference between the votes for and the votes
24.12against the question is greater than the difference provided in subdivision 1, the person
24.13requesting the recount shall also file with the filing officer of the county, municipality, or
24.14school district a bond, cash, or surety in an amount set by the appropriate governing body
24.15for the payment of recount expenses. The written request, petition, and any bond, cash,
24.16or surety required must be filed during the time for notice of contest for the election for
24.17which the recount is requested.

24.18    Sec. 44. Minnesota Statutes 2008, section 204C.36, subdivision 4, is amended to read:
24.19    Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a
24.20discretionary recount, is responsible for the following expenses: the compensation of the
24.21secretary of state, or designees, and any election judge, municipal clerk, county auditor,
24.22administrator, or other personnel who participate in the recount; the costs of computer
24.23operation, preparation of ballot counting equipment, necessary supplies and travel
24.24related to the recount; the compensation of the appropriate canvassing board and costs of
24.25preparing for the canvass of recount results; and any attorney fees incurred in connection
24.26with the recount by the governing body responsible for the recount.

24.27    Sec. 45. Minnesota Statutes 2008, section 204C.37, is amended to read:
24.28204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
24.29STATE.
24.30Two copies A copy of the reports report required by sections 204C.32, subdivision
24.311 , and 204C.33, subdivision 1, shall be certified under the official seal of the county
24.32auditor. Each The copy shall be enclosed in an envelope addressed to the secretary
24.33of state, with the county auditor's name and official address and the words "Election
24.34Returns" endorsed on the envelope. The copy of the canvassing board report not sent by
25.1express mail and the precinct summary statements must be mailed sent by express mail
25.2or delivered to the secretary of state. If neither the copy is not received by the secretary
25.3of state within ten days following the applicable election, the secretary of state shall
25.4immediately notify the county auditor, who shall deliver another copy to the secretary of
25.5state by special messenger.

25.6    Sec. 46. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
25.7    Subd. 2. Instructions to printer; printer's bond. (a) The official charged with
25.8the preparation and distribution of the ballots shall prepare instructions to the printer for
25.9rotation of the names of candidates and for layout of the ballot.
25.10(b) Except as provided in paragraph (c), the instructions shall be approved by the
25.11legal advisor of the official before delivery to the printer.
25.12(c) The legal advisor of a town official is not required to approve instructions
25.13regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
25.14(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer
25.15shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified
25.16check, acceptable to the official responsible for printing the ballots, conditioned on
25.17printing the ballots in conformity with the Minnesota Election Law and the instructions
25.18delivered. The official responsible for printing the ballots shall set the amount of the bond,
25.19letter of credit, or certified check in an amount equal to the value of the purchase.
25.20EFFECTIVE DATE.This section is effective the day following final enactment.

25.21    Sec. 47. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
25.22    Subd. 2. Sample ballot. At least two weeks before the state primary the county
25.23auditor shall prepare a sample state partisan primary ballot and a sample state and county
25.24nonpartisan primary ballot for public inspection. The names of all of the candidates to
25.25be voted for in the county shall be placed on the sample ballots, with the names of the
25.26candidates for each office arranged alphabetically according to the surname in the base
25.27rotation as determined by section 206.61, subdivision 5. Only one sample state partisan
25.28primary ballot and one sample state and county nonpartisan ballot shall be prepared for
25.29any county. The county auditor shall post the sample ballots in a conspicuous place in the
25.30auditor's office and shall cause them to be published at least one week before the state
25.31primary in at least one newspaper of general circulation in the county.
25.32EFFECTIVE DATE.This section is effective the day following final enactment.

26.1    Sec. 48. Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:
26.2    Subdivision 1. Partisan offices; nominees. The candidate for nomination of a
26.3major political party for a partisan office on the state partisan primary ballot who receives
26.4the highest number of votes shall be the nominee of that political party for that office,
26.5except as otherwise provided in subdivision 2.

26.6    Sec. 49. Minnesota Statutes 2008, section 204D.17, is amended to read:
26.7204D.17 REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE
26.8REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.
26.9    Subdivision 1. Special elections; exceptions. A vacancy in the office of
26.10representative in Congress or state senator or state representative shall be filled for the
26.11unexpired term by special election upon the writ of the governor as provided in sections
26.12204D.17 to 204D.27; except that if Congress or the legislature will not be in session before
26.13the expiration of the vacant term no special election is required.
26.14    Subd. 2. Two or more vacancies. Two or more vacancies may be filled at the same
26.15special election and the candidates may be nominated at the same special primary. Any
26.16special primary or special election held pursuant to sections 204D.17 to 204D.27 may be
26.17held on the same day as any other election.

26.18    Sec. 50. Minnesota Statutes 2008, section 204D.19, is amended to read:
26.19204D.19 SPECIAL ELECTIONS; WHEN HELD.
26.20    Subdivision 1. Vacancy filled at general election. When a vacancy occurs more
26.21than 150 days before the next state general election, and the Congress or the legislature
26.22will not be in session before the final canvass of the state general election returns, the
26.23vacancy shall be filled at the next state general election.
26.24    Subd. 2. Special election when Congress or legislature will be in session. Except
26.25for vacancies in the legislature which occur at any time between the last day of session
26.26in an odd-numbered year and the 40th day prior to the opening day of session in the
26.27succeeding even-numbered year, when a vacancy occurs and the Congress or legislature
26.28will be in session so that the individual elected as provided by this section could take office
26.29and exercise the duties of the office immediately upon election, the governor shall issue
26.30within five days after the vacancy occurs a writ calling for a special election. The special
26.31election shall be held as soon as possible, consistent with the notice requirements of section
26.32204D.22, subdivision 3 , but in no event more than 35 days after the issuance of the writ.
26.33    Subd. 3. Special election at other times. When a vacancy occurs at a time other
26.34than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a
27.1special election to be held so that the individual elected may take office at the opening of
27.2the next session of the Congress or of the legislature, or at the reconvening of a session of
27.3the Congress or of the legislature.
27.4    Subd. 4. Writ when vacancy results from election contest. If a vacancy results
27.5from a successful election contest, the governor shall issue 22 days after the first day of
27.6the legislative session a writ calling for a special election unless the house in which the
27.7contest may be tried has passed a resolution which states that it will or will not review
27.8the court's determination of the contest. If the resolution states that the house will not
27.9review the court's determination, the writ shall be issued within five days of the passage of
27.10the resolution.

27.11    Sec. 51. Minnesota Statutes 2008, section 204D.20, subdivision 1, is amended to read:
27.12    Subdivision 1. Special primary. Except as provided in subdivision 2, the candidates
27.13of the major political parties to fill a vacancy shall be nominated at a special primary. The
27.14candidate of each party who receives the highest number of votes at the special primary
27.15shall be nominated without reference to the ten percent requirement of section 204D.10,
27.16subdivision 2 .

27.17    Sec. 52. [204D.29] REPRESENTATIVE IN CONGRESS VACANCY.
27.18    Subdivision 1. Scope; definition. (a) A vacancy in the office of representative in
27.19Congress must be filled as specified in this section.
27.20(b) "Vacancy," as used in this section, means a vacancy in the office of representative
27.21in Congress.
27.22    Subd. 2. Vacancy 27 weeks or more before state primary. (a) If a vacancy occurs
27.2327 weeks or more before the state primary, the governor must issue a writ within three
27.24days of the vacancy for a special election for that office to be held between 20 and 24
27.25weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary
27.26must be held 11 weeks before the special election or on the second Tuesday in August if
27.27the general election is held on the first Tuesday after the first Monday in November if any
27.28major party has more than one candidate after the time for withdrawal has expired.
27.29(b) The filing period for a special election under this subdivision must end on or
27.30before the 131st day before the special election. Minor party and independent candidates
27.31must submit their petitions by the last day for filing and signatures on the petitions must be
27.32dated from the date of the vacancy through the last day for filing. There must be a one-day
27.33period for withdrawal of candidates after the last day for filing.
28.1    Subd. 3. Vacancy more than 22 weeks but fewer than 27 weeks before state
28.2primary. (a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the
28.3state primary, the governor must issue a writ within three days of the vacancy for a special
28.4election for that office to be held on the day of the state primary with a special primary
28.5held 11 weeks before the state primary, if any major party has more than one candidate
28.6after the time for withdrawal has expired. The regularly scheduled election to fill the
28.7next full term shall proceed pursuant to law.
28.8(b) The filing period for a special election under this subdivision must end on or
28.9before the 147th day before the state primary. Minor party and independent candidates
28.10must submit their petitions by the last day for filing and signatures on the petitions must be
28.11dated from the date of the vacancy through the last day for filing. There must be a one-day
28.12period for withdrawal of candidates after the last day for filing. Candidates for a special
28.13election under this subdivision are not subject to the prohibition in section 204B.06 against
28.14having more than one affidavit of candidacy on file for the same election.
28.15(c) The winner of a special election on the day of the state primary under this
28.16subdivision shall serve the remainder of the vacant term and is eligible to be seated
28.17in Congress upon issuance of the certificate of election. The winner of the regularly
28.18scheduled term for that office at the general election shall take office on the day new
28.19members of Congress take office.
28.20    Subd. 4. Vacancy 22 or fewer weeks before state primary but before general
28.21election day. (a) If a vacancy occurs from 22 weeks before the state primary to the day
28.22before the general election, no special election will be held. The winner of the general
28.23election for the next full term for that office will serve the remainder of the unexpired term
28.24and is eligible to be seated in Congress immediately upon issuance of a certificate of
28.25election.
28.26(b) If the incumbent filed an affidavit of candidacy for reelection as the candidate of
28.27a major political party and was nominated for the general election ballot by that party and
28.28a vacancy occurs from the day of the state primary until the date of the general election,
28.29there is a vacancy in nomination to be resolved pursuant to section 204B.13.
28.30    Subd. 5. Vacancy on or after election day and before the day new members of
28.31Congress take office. (a) If a vacancy occurs between the day of the general election and
28.32the day new members of Congress take office and the incumbent was not the winner of
28.33the general election, the winner of the general election for the next full term for that
28.34office is eligible to be seated in Congress immediately upon issuance of a certificate of
28.35election or the vacancy, whichever occurs last.
29.1(b) If a vacancy occurs on or after election day but before the day new members
29.2of Congress take office and the incumbent was the winner of the general election, the
29.3vacancy must be filled pursuant to subdivision 2.

29.4    Sec. 53. Minnesota Statutes 2008, section 205.07, subdivision 1, is amended to read:
29.5    Subdivision 1. Date of election. The municipal general election in each city shall
29.6be held on the first Tuesday after the first Monday in November in every even-numbered
29.7year. Notwithstanding any provision of law to the contrary and subject to the provisions of
29.8this section, the governing body of a city may, by ordinance passed at a regular meeting
29.9held before June 1 of any year, elect to hold the election on the first Tuesday after the first
29.10Monday in November in each odd-numbered year. A city may hold elections in either
29.11the even-numbered year or the odd-numbered year, but not both. When a city changes
29.12its elections from one year to another, and does not provide for the expiration of terms
29.13by ordinance, the term of an incumbent expiring at a time when no municipal election is
29.14held in the months immediately prior to expiration is extended until the date for taking
29.15office following the next scheduled municipal election. If the change results in having
29.16three council members to be elected at a succeeding election, the two individuals receiving
29.17the highest vote shall serve for terms of four years and the individual receiving the
29.18third highest number of votes shall serve for a term of two years. To provide an orderly
29.19transition to the odd or even year election plan, the governing body of the city may adopt
29.20supplementary ordinances regulating initial elections and officers to be chosen at the
29.21elections and shortening or lengthening the terms of incumbents and those elected at the
29.22initial election. The term of office for the mayor may be either two or four years. The
29.23term of office of council members is four years. Whenever the time of the municipal
29.24election is changed, the city clerk immediately shall notify in writing the county auditor
29.25and secretary of state of the change of date. Thereafter the municipal general election shall
29.26be held on the first Tuesday after the first Monday in November in each odd-numbered
29.27or even-numbered year until the ordinance is revoked and notification of the change is
29.28made. A municipal general election scheduled to be held in an odd-numbered year may be
29.29postponed for inclement weather as provided in section 205.105.

29.30    Sec. 54. Minnesota Statutes 2008, section 205.07, is amended by adding a subdivision
29.31to read:
29.32    Subd. 1a. City council members; expiration of terms. The terms of all city
29.33council members of charter cities expire on the first Monday in January of the year in
29.34which they expire.

30.1    Sec. 55. [205.105] POSTPONEMENT OF ELECTION; INCLEMENT
30.2WEATHER.
30.3    Subdivision 1. Applicability. This section applies to a primary, special, or general
30.4election held in a city that is not held in conjunction with a state or federal election, and to
30.5town elections when postponement of the town election is not subject to section 365.51.
30.6    Subd. 2. Postponement of election. (a) In the event of severe or inclement weather,
30.7the municipal clerk may postpone an election when the National Weather Service or a
30.8law enforcement agency has issued storm warnings or travel advisories indicating that the
30.9weather conditions would make travel to a polling place difficult or hazardous for voters
30.10and election judges. When one or more jurisdictions are holding elections in conjunction
30.11with one another, the jurisdiction that covers the largest geographic area has the authority,
30.12after consulting with the other auditors and clerks, to make the decision to postpone
30.13all of the elections. A decision to postpone an election must apply to every precinct in
30.14the jurisdiction.
30.15(b) A decision to postpone an election must be made no later than 6:00 p.m. on
30.16the day before the election. The clerk must contact the election judges and notify local
30.17media outlets of the postponement. The clerk must also post a notice on the jurisdiction's
30.18Web site, if practicable.
30.19(c) A postponed election must be rescheduled for the next following Tuesday after
30.20the election was originally scheduled. The date on which the postponed election will be
30.21held shall be considered the date of the election for purposes of absentee voting under
30.22chapter 203B. An election that is postponed due to weather may be postponed again
30.23if necessary under this section.

30.24    Sec. 56. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
30.25    Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to
30.26become a candidate for an office to be voted for at the municipal general election shall file
30.27an affidavit of candidacy with the municipal clerk. Candidates for a special election to
30.28fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit
30.29of candidacy for the specific office to fill the unexpired portion of the term. Subject to
30.30the approval of the county auditor, the town clerk may authorize candidates for township
30.31offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
30.32substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
30.33shall also accept an application signed by not less than five voters and filed on behalf of an
30.34eligible voter in the municipality whom they desire to be a candidate, if service of a copy
30.35of the application has been made on the candidate and proof of service is endorsed on the
31.1application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
31.2of the candidate on the official ballot without partisan designation.
31.3EFFECTIVE DATE.This section is effective the day following final enactment.

31.4    Sec. 57. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
31.5    Subd. 2. Notice of filing dates. At least two weeks before the first day to file
31.6affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
31.7dates on which affidavits of candidacy may be filed in the clerk's office and the closing
31.8time for filing on the last day for filing. The clerk shall post a similar notice at least ten
31.9days before the first day to file affidavits of candidacy. The notice must separately list
31.10any office for which affidavits of candidacy may be filed to fill the unexpired portion
31.11of a term when a special election is being held to fill a vacancy as provided in section
31.12412.02, subdivision 2a.
31.13EFFECTIVE DATE.This section is effective the day following final enactment.

31.14    Sec. 58. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
31.15    Subd. 2. Sample ballot, publication. For every municipal election, the municipal
31.16clerk shall, at least one week two weeks before the election, publish a sample ballot in the
31.17official newspaper of the municipality, except that the governing body of a fourth class
31.18city or a town not located within a metropolitan county as defined in section 473.121
31.19may dispense with publication.
31.20EFFECTIVE DATE.This section is effective the day following final enactment.

31.21    Sec. 59. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
31.22    Subd. 3. Sample ballot, posting. For every municipal election, the municipal
31.23clerk shall at least four days two weeks before the election post prepare a sample ballot
31.24for the municipality, make them available for public inspection in the clerk's office for
31.25public inspection, and post a sample ballot in each polling place on election day.
31.26EFFECTIVE DATE.This section is effective the day following final enactment.

31.27    Sec. 60. Minnesota Statutes 2008, section 205A.04, subdivision 1, is amended to read:
31.28    Subdivision 1. School district general election. The general election in each school
31.29district must be held on the first Tuesday after the first Monday in November of either the
32.1odd-numbered or the even-numbered year. A general election held in an odd-numbered
32.2year may be postponed for inclement weather as provided in section 205A.055.

32.3    Sec. 61. [205A.046] SCHOOL BOARD MEMBER TERM EXPIRATION.
32.4The terms of all school board members expire on the first Monday in January of the
32.5year in which they expire.

32.6    Sec. 62. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
32.7    Subdivision 1. Questions. Special elections must be held for a school district on a
32.8question on which the voters are authorized by law to pass judgment. The school board
32.9may on its own motion call a special election to vote on any matter requiring approval of
32.10the voters of a district. Upon petition filed with the school board of 50 or more voters of
32.11the school district or five percent of the number of voters voting at the preceding school
32.12district general election, whichever is greater, the school board shall by resolution call
32.13a special election to vote on any matter requiring approval of the voters of a district.
32.14A question is carried only with the majority in its favor required by law. The election
32.15officials for a special election are the same as for the most recent school district general
32.16election unless changed according to law. Otherwise, special elections must be conducted
32.17and the returns made in the manner provided for the school district general election. A
32.18special election may not be held during the 30 days before and the 30 days after the state
32.19primary, during the 30 days before and the 40 days after the state general election. In
32.20addition, a special election may not be held during the 20 days before and the 20 days
32.21after any regularly scheduled election of a municipality wholly or partially within the
32.22school district. Notwithstanding any other law to the contrary, the time period in which a
32.23special election must be conducted under any other law may be extended by the school
32.24board to conform with the requirements of this subdivision.

32.25    Sec. 63. [205A.055] POSTPONEMENT OF ELECTION; INCLEMENT
32.26WEATHER.
32.27    Subdivision 1. Applicability. This section applies to a primary, special, or general
32.28election held in a school district that is not held in conjunction with a state or federal
32.29election.
32.30    Subd. 2. Postponement of election. (a) In the event of severe or inclement weather,
32.31the school district clerk may postpone an election when the National Weather Service
32.32or a law enforcement agency has issued storm warnings or travel advisories indicating
32.33that the weather conditions would make travel to a polling place difficult or hazardous
33.1for voters and election judges. When one or more jurisdictions are holding elections in
33.2conjunction with one another, the jurisdiction that covers the largest geographic area has
33.3the authority, after consulting with the other auditors and clerks, to make the decision to
33.4postpone all of the elections. A decision to postpone an election must apply to every
33.5precinct in the jurisdiction.
33.6(b) A decision to postpone an election must be made no later than 6:00 p.m. on
33.7the day before the election. The clerk must contact the election judges and notify local
33.8media outlets of the postponement. The clerk must also post a notice on the jurisdiction's
33.9Web site, if practicable.
33.10(c) A postponed election must be rescheduled for the next following Tuesday after
33.11the election was originally scheduled. The date on which the postponed election will be
33.12held shall be considered the date of the election for purposes of absentee voting under
33.13chapter 203B. An election that is postponed due to weather may be postponed again
33.14if necessary under this section.

33.15    Sec. 64. Minnesota Statutes 2008, section 205A.11, subdivision 3, is amended to read:
33.16    Subd. 3. Procedure. The designation of a polling place pursuant to this section
33.17remains effective until a different polling place is designated. No designation of a new or
33.18different polling place becomes effective less than 90 days prior to an election, except
33.19that a new polling place may be designated to replace a polling place that has become
33.20unavailable for use. The school board must notify the county auditor within 30 days after
33.21the establishment of a polling place as provided in this section. The notice must include a
33.22list of the precincts that will be voting at each polling place. The school board must send
33.23the notice required by section 204B.16, subdivision 1a, after a polling place is established
33.24as provided in this section, but no additional notices of this kind are required for any
33.25subsequent similar elections until the location of the polling place or the combination
33.26of precincts voting at the polling place is changed. The secretary of state shall provide
33.27a single polling place roster for use in any polling place established as provided in this
33.28section. A single set of election judges must be appointed to serve in the polling place.
33.29The number of election judges required must be based on the total number of persons
33.30voting at the last similar election in all the precincts to be voting at the single polling
33.31place. A single ballot box may be provided for all the ballots.

33.32    Sec. 65. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
33.33    Subd. 6. Required certification. In addition to the requirements in subdivision
33.341, a voting system must be certified by an independent testing authority approved
34.1accredited by the secretary of state and conform to current standards for voting equipment
34.2Election Assistance Commission at the time of submission of the application required by
34.3subdivision 1 to be in conformity with voluntary voting system guidelines issued by
34.4the Federal Election Commission or its successor, the Election Assistance Commission.
34.5The application must be accompanied by the certification report of the voting systems
34.6test laboratory. A certification under this section from an independent testing authority
34.7accredited by the Election Assistance Commission meets the requirement of Minnesota
34.8Rules, part 8220.0350, item L. A vendor must provide a copy of the source code for the
34.9voting system to the secretary of state. A chair of a major political party or the secretary of
34.10state may select, in consultation with the vendor, an independent third-party evaluator to
34.11examine the source code to ensure that it functions as represented by the vendor and that
34.12the code is free from defects. A major political party that elects to have the source code
34.13examined must pay for the examination. Except as provided by this subdivision, a source
34.14code that is trade secret information must be treated as nonpublic information, according
34.15to section 13.37. A third-party evaluator must not disclose the source code to anyone else.
34.16EFFECTIVE DATE.This section is effective the day following final enactment.

34.17    Sec. 66. Minnesota Statutes 2008, section 208.03, is amended to read:
34.18208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
34.19Presidential electors for the major political parties of this state shall be nominated by
34.20delegate conventions called and held under the supervision of the respective state central
34.21committees of the parties of this state. On or before primary election day the chair of
34.22the major political party shall certify to the secretary of state the names of the persons
34.23nominated as presidential electors, the names of eight alternate presidential electors, and
34.24the names of the party candidates for president and vice president. The chair shall also
34.25certify that the party candidates for president and vice president have no affidavit on file as
34.26a candidate for any office in this state at the ensuing general election.

34.27    Sec. 67. Minnesota Statutes 2008, section 365.51, subdivision 1, is amended to read:
34.28    Subdivision 1. When; postponement for bad weather. (a) A town's annual town
34.29meeting must be held on the second Tuesday of March at the place named by the last annual
34.30town meeting. If no place was named then, the meeting must be held at the place named
34.31by the town board. The place may be outside the town if the place is within five miles of a
34.32town boundary. If there is bad weather, on the day of the meeting and election in March,
34.33the town board shall set the National Weather Service or local law enforcement agencies
35.1have issued storm warnings or travel advisories such that the clerk determines travel to a
35.2polling place would be difficult or hazardous for voters and election judges, the clerk may
35.3postpone the election and meeting. If the meeting and election are postponed, the meeting
35.4and election for shall be held on the third Tuesday in March. If there is bad weather on the
35.5third Tuesday in March, Prior to providing notice of the election and meeting, the town
35.6board shall by resolution set another date for the meeting and election within 30 days of
35.7the third Tuesday in March on which the meeting and election shall be held if bad weather
35.8forces postponement of the meeting and election on the third Tuesday in March. The
35.9decision to postpone the meeting and election must be made no later than three hours
35.10before the opening of the polling place or the convening of the meeting, whichever comes
35.11first. The clerk shall notify the election judges and local media offices of the decision to
35.12postpone the meeting and election.. If the meeting and election are postponed, the notice
35.13requirements in subdivision 2 shall apply to the postponed meeting and election.
35.14The balloting of the town election must be concluded on the same day the election
35.15is commenced.
35.16(b) If any other political subdivision is conducting an election in conjunction with
35.17the township election, postponement of the election shall be subject to section 205.105,
35.18205A.055, or 373.50. If an election is postponed under section 205.105, 205A.055, or
35.19373.50, the town meeting shall also be postponed as if postponed under this section.

35.20    Sec. 68. [373.50] POSTPONEMENT OF ELECTION; INCLEMENT WEATHER.
35.21    Subdivision 1. Applicability. This section applies to a primary, special, or general
35.22election held in a county that is not held in conjunction with a state or federal election.
35.23    Subd. 2. Postponement of election. (a) In the event of severe or inclement
35.24weather, the county auditor may postpone an election when the National Weather Service
35.25or a law enforcement agency has issued storm warnings or travel advisories indicating
35.26that the weather conditions would make travel to a polling place difficult or hazardous
35.27for voters and election judges. When one or more jurisdictions are holding elections in
35.28conjunction with one another, the jurisdiction that covers the largest geographic area has
35.29the authority, after consulting with the other auditors and clerks, to make the decision to
35.30postpone all of the elections. A decision to postpone an election must apply to every
35.31precinct in the jurisdiction.
35.32(b) A decision to postpone an election must be made no later than 6:00 p.m. on the
35.33day before the election. The auditor must contact the election judges and notify local
35.34media outlets of the postponement. The auditor must also post a notice on the jurisdiction's
35.35Web site, if practicable.
36.1(c) A postponed election must be rescheduled for the next following Tuesday after
36.2the election was originally scheduled. The date on which the postponed election will be
36.3held shall be considered the date of the election for purposes of absentee voting under
36.4chapter 203B. An election that is postponed due to weather may be postponed again
36.5if necessary under this section.

36.6    Sec. 69. Laws 2010, chapter 184, section 26, is amended to read:
36.7    Sec. 26. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to
36.8read:
36.9    Subdivision 1. Establishing primary. A municipal primary for the purpose of
36.10nominating elective officers may be held in any city on the second Tuesday in August of
36.11any year in which a municipal general election is to be held for the purpose of electing
36.12officers. The date of a municipal primary held in an odd-numbered year may be postponed
36.13for inclement weather as provided in section 205.105.

36.14    Sec. 70. Laws 2010, chapter 184, section 32, is amended to read:
36.15    Sec. 32. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to
36.16read:
36.17    Subd. 2. Date. The school district primary must be held on the second Tuesday in
36.18August in the year when the school district general election is held. The clerk shall give
36.19notice of the primary in the manner provided in section 205A.07. The date of a school
36.20district primary held in an odd-numbered year may be postponed for inclement weather
36.21as provided in section 205A.055.

36.22    Sec. 71. REPEALER.
36.23Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10,
36.24subdivision 2; 206.57, subdivision 7; 206.805, subdivision 2; and 206.91, are repealed."
36.25Delete the title and insert:
36.27relating to elections; changing and clarifying certain provisions;amending
36.28Minnesota Statutes 2008, sections 201.016, subdivision 1a; 201.061, subdivision
36.291; 201.11; 201.12; 201.121, subdivision 3; 201.13; 201.14; 201.15, subdivisions
36.301, 2; 201.155; 201.171; 203B.02, subdivision 3; 203B.04, subdivision 1;
36.31203B.06, subdivision 5; 203B.16, subdivision 2; 203B.19; 204B.04, subdivision
36.322; 204B.135, subdivision 4; 204B.14, by adding a subdivision; 204B.18,
36.33subdivision 1; 204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3;
36.34204B.28, by adding a subdivision; 204B.38; 204C.02; 204C.04, subdivision 1;
36.35204C.06, subdivision 1; 204C.08; 204C.09, subdivision 1; 204C.12, subdivision
36.362; 204C.13, subdivision 2; 204C.24, subdivision 1; 204C.28, subdivisions 1,
36.372; 204C.33, subdivision 1; 204C.35, subdivisions 2, 3; 204C.36, subdivisions
36.383, 4; 204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.10,
37.1subdivision 1; 204D.17; 204D.19; 204D.20, subdivision 1; 205.07, subdivision
37.21, by adding a subdivision; 205.13, subdivisions 1, 2; 205.16, subdivisions 2,
37.33; 205A.04, subdivision 1; 205A.05, subdivision 1; 205A.11, subdivision 3;
37.4206.57, subdivision 6; 208.03; 365.51, subdivision 1; Laws 2010, chapter 184,
37.5sections 26; 32; proposing coding for new law in Minnesota Statutes, chapters
37.6201; 204D; 205; 205A; 373; repealing Minnesota Statutes 2008, sections 3.22;
37.7204B.22, subdivision 3; 204D.10, subdivision 2; 206.57, subdivision 7; 206.805,
37.8subdivision 2; 206.91."