1.1.................... moves to amend H.F. No. 3111 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 201.061, subdivision 4, is amended to
1.4read:
1.5    Subd. 4. Registration by election judges; procedures. Registration at the polling
1.6place on election day shall be conducted by the election judges. Before registering an
1.7individual to vote at the polling place, the election judge must review any list of absentee
1.8election day registrants provided by the county auditor or municipal clerk to see if the
1.9person has already voted by absentee ballot. If the person's name appears on the list, the
1.10election judge must not allow the individual to register or to vote in the polling place. The
1.11election judge who registers an individual at the polling place on election day shall not
1.12handle that voter's ballots at any time prior to the opening of the ballot box after the voting
1.13ends. Registration applications and forms for oaths shall be available at each polling place.
1.14If an individual who registers on election day proves residence by oath of a registered
1.15voter, the form containing the oath shall be attached to the individual's registration
1.16application. Registration applications completed on election day shall be forwarded to the
1.17county auditor who shall add the name of each voter to the registration system unless the
1.18information forwarded is substantially deficient. A county auditor who finds an election
1.19day registration substantially deficient shall give written notice to the individual whose
1.20registration is found deficient. An election day registration shall not be found deficient
1.21solely because the individual who provided proof of residence was ineligible to do so.

1.22    Sec. 2. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
1.23    Subdivision 1. Application procedures. Except as otherwise allowed by
1.24subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
1.25for any election may be submitted at any time not less than one day before the day of
1.26that election. The county auditor shall prepare absentee ballot application forms in the
2.1format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
2.2and shall furnish them to any person on request. By January 1 of each even-numbered
2.3year, the secretary of state shall make the forms to be used available to auditors through
2.4electronic means. An application submitted pursuant to this subdivision shall be in writing
2.5and shall be submitted to:
2.6    (a) (1) the county auditor of the county where the applicant maintains residence; or
2.7    (b) (2) the municipal clerk of the municipality, or school district if applicable, where
2.8the applicant maintains residence.
2.9    An application shall be approved if it is timely received, signed and dated by the
2.10applicant, contains the applicant's name and residence and mailing addresses, and states
2.11date of birth, and at least one of the following:
2.12(1) the applicant's Minnesota driver's license number;
2.13(2) Minnesota state identification card number;
2.14(3) the last four digits of the applicant's Social Security number; or
2.15(4) a statement that the applicant does not have any of these numbers.
2.16To be approved, the application must state that the applicant is eligible to vote
2.17by absentee ballot for one of the reasons specified in section 203B.02. The application
2.18may contain a request for the voter's date of birth, which, and must contain an oath that
2.19the information contained on the form is accurate, that the applicant is applying on the
2.20applicant's own behalf, and that the applicant is signing the form under penalty of perjury.
2.21An applicant's full date of birth, Minnesota driver's license or state identification
2.22number, and the last four digits of the applicant's Social Security number must not be
2.23made available for public inspection. An application may be submitted to the county
2.24auditor or municipal clerk by an electronic facsimile device. An application mailed or
2.25returned in person to the county auditor or municipal clerk on behalf of a voter by a
2.26person other than the voter must be deposited in the mail or returned in person to the
2.27county auditor or municipal clerk within ten days after it has been dated by the voter and
2.28no later than six days before the election. The absentee ballot applications or a list of
2.29persons applying for an absentee ballot may not be made available for public inspection
2.30until the close of voting on election day.
2.31    An application under this subdivision may contain an application under subdivision
2.325 to automatically receive an absentee ballot application.

2.33    Sec. 3. Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:
2.34    Subdivision 1. Generally. The full-time clerk of any city or town shall administer
2.35the provisions of sections 203B.04 to 203B.15 if:
3.1(a) (1) the county auditor of that county has designated the clerk to administer
3.2them; or
3.3(b) (2) the clerk has given the county auditor of that county notice of intention
3.4to administer them.
3.5A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the
3.6clerk has technical capacity to access the statewide voter registration system in the secure
3.7manner prescribed by the secretary of state. The secretary of state must identify hardware,
3.8software, security, or other technical prerequisites necessary to ensure the security,
3.9access controls, and performance of the statewide voter registration system. A clerk
3.10must receive training approved by the secretary of state on the use of the statewide voter
3.11registration system before administering this section. A clerk may not use the statewide
3.12voter registration system until the clerk has received the required training.

3.13    Sec. 4. [203B.065] USING THE REGISTRATION SYSTEM.
3.14Upon accepting an application for a state primary or state general election, the
3.15county auditor or municipal clerk shall record in the statewide voter registration system the
3.16voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota
3.17driver's license or state identification number, or the last four digits of the voter's Social
3.18Security number, if provided by the voter. Upon acceptance of an absentee ballot
3.19application of a voter who is registered to vote at an address different from the residential
3.20address certified on the absentee ballot application, the voter registration record with the
3.21previous address shall be challenged. Once the absentee ballot has been transmitted to the
3.22voter, the method of transmission and the date of transmission must be recorded.
3.23Upon receipt of a returned absentee ballot for a state primary or state general
3.24election, the county auditor or municipal clerk shall record in the statewide voter
3.25registration system that the voter has returned the ballot.
3.26Upon receipt of notice that the ballot board has accepted or rejected the absentee
3.27ballot for a state primary or state general election, the county auditor or municipal clerk
3.28shall record in the statewide voter registration system whether the ballot was accepted or
3.29rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
3.30the voter, the county auditor or municipal clerk shall record this in the statewide voter
3.31registration system.
3.32The labels provided for envelopes used for transmitting an absentee ballot to and
3.33from an applicant for an absentee ballot for a state primary or state general election
3.34must contain bar codes generated by the statewide voter registration system to facilitate
3.35the recording required under this section. A county auditor or municipal clerk entering
4.1information into the statewide voter registration system under this section must include
4.2the information provided on the bar code label whenever information is entered into
4.3the system.

4.4    Sec. 5. Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:
4.5    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to
4.6conveniently enclose and contain the ballot envelope and a folded voter registration
4.7application. The return envelope shall be designed to open on the left-hand end. If the
4.8voter was not previously registered, The return envelope must be designed in one of
4.9the following ways:
4.10    (1) it must be of sufficient size to contain an additional envelope that when sealed,
4.11conceals the signature, identification, and other information; or
4.12    (2) it must provide an additional flap that when sealed, conceals the signature,
4.13identification, and other information.
4.14     Election officials may open the flap or the additional envelope at any time after
4.15receiving the returned ballot to inspect the returned certificate for completeness or to
4.16ascertain other information.

4.17    Sec. 6. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
4.18    Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot
4.19shall be printed on the back of the return envelope. The certificate shall contain space for
4.20the voter's Minnesota driver's license number, state identification number, or the last four
4.21digits of the voter's Social Security number, or to indicate that the voter does not have one
4.22of these numbers. The space must be designed to ensure that the voter provides the same
4.23type of identification as provided on the voter's absentee ballot application for purposes of
4.24comparison. The certificate must also contain a statement to be signed and sworn by the
4.25voter indicating that the voter meets all of the requirements established by law for voting
4.26by absentee ballot. the certificate shall also contain and space for a statement signed by a
4.27person who is registered to vote in Minnesota or by a notary public or other individual
4.28authorized to administer oaths stating that:
4.29    (1) the ballots were displayed to that individual unmarked;
4.30    (2) the voter marked the ballots in that individual's presence without showing how
4.31they were marked, or, if the voter was physically unable to mark them, that the voter
4.32directed another individual to mark them; and
4.33    (3) if the voter was not previously registered, the voter has provided proof of
4.34residence as required by section 201.061, subdivision 3.

5.1    Sec. 7. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
5.2    Subd. 2. Address on return envelopes. The county auditor or municipal clerk shall
5.3address return envelopes to allow direct mailing of the absentee ballots to:
5.4(a) the county auditor or municipal clerk who sent the ballots to the voter; has the
5.5responsibility to accept and reject the absentee ballots.
5.6(b) the clerk of the town or city in which the absent voter is eligible to vote; or
5.7(c) the appropriate election judges.

5.8    Sec. 8. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
5.9    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
5.10county auditor or municipal clerk, that official shall stamp or initial and date the return
5.11envelope and place it in a secure location with other return envelopes received by that
5.12office. Within five days after receipt, the county auditor or municipal clerk shall deliver
5.13to the appropriate election judges on election day all ballots received before or with the
5.14last mail delivery by the United States Postal Service on election day. A town clerk may
5.15request the United States Postal Service to deliver absentee ballots to the polling place
5.16on election day instead of to the official address of the town clerk ballot board all ballots
5.17received, except that during the 14 days immediately preceding an election, the county
5.18auditor or municipal clerk shall deliver all ballots received to the ballot board within
5.19three days.

5.20    Sec. 9. [203B.121] BALLOT BOARDS.
5.21    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
5.22county, municipality, and school district with responsibility to accept and reject absentee
5.23ballots must, by ordinance or resolution, establish a ballot board. The board must consist
5.24of a sufficient number of election judges trained in the handling of absentee ballots and
5.25appointed as provided in sections 204B.19 to 204B.22. The board may include staff
5.26trained as election judges.
5.27(b) Each jurisdiction must pay a reasonable compensation to each member of that
5.28jurisdiction's ballot board for services rendered during an election.
5.29(c) Except as otherwise provided by this section, all provisions of the Minnesota
5.30Election Law apply to a ballot board.
5.31    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
5.32board shall take possession of all return envelopes delivered to them in accordance with
5.33section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
5.34clerk, two or more members of the ballot board shall examine each return envelope and
6.1shall mark it accepted or rejected in the manner provided in this subdivision. Election
6.2judges performing the duties in this section must be of different major political parties,
6.3unless they are exempt from that requirement under section 205.075, subdivision 4, or
6.4section 205A.10, subdivision 2.
6.5(b) The members of the ballot board shall mark the return envelope "Accepted" and
6.6initial or sign the return envelope below the word "Accepted" if a majority of the members
6.7of the ballot board examining the envelope are satisfied that:
6.8(1) the voter's name and address on the return envelope are the same as the
6.9information provided on the absentee ballot application;
6.10(2) the voter signed the certification on the envelope;
6.11(3) the voter's Minnesota driver's license, state identification number, or the last four
6.12digits of the voter's Social Security number are the same as the number provided on the
6.13voter's application for ballots. If the number does not match the number as submitted on
6.14the application, or if a number was not submitted on the application, the election judges
6.15must compare the signature provided by the applicant to determine whether the ballots
6.16were returned by the same person to whom they were transmitted;
6.17(4) the voter is registered and eligible to vote in the precinct or has included a
6.18properly completed voter registration application in the return envelope; and
6.19(5) the voter has not already voted at that election, either in person or, if it is after the
6.20close of business on the fourth day before the election, by absentee ballot.
6.21The return envelope from accepted ballots must be preserved and returned to the
6.22county auditor.
6.23(c)(1) If a majority of the members of the ballot board examining a return envelope
6.24find that an absentee voter has failed to meet one of the requirements provided in
6.25paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
6.26word "Rejected," list the reason for the rejection on the envelope, and return it to the
6.27county auditor. There is no other reason for rejecting an absentee ballot beyond those
6.28permitted by this section. Failure to place the ballot within the security envelope before
6.29placing it in the outer white envelope is not a reason to reject an absentee ballot.
6.30(2) If an envelope has been rejected at least five days before the election, the
6.31envelope must remain sealed and the official in charge of the ballot board shall provide the
6.32voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
6.33(3) If an envelope is rejected within five days of the election, the envelope must
6.34remain sealed and the official in charge of the ballot board must attempt to contact the
6.35voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
6.36The official must document the attempts made to contact the voter.
7.1(d) The official in charge of the absentee ballot board must mail the voter a written
7.2notice of absentee ballot rejection between six and ten weeks following the election. If the
7.3official determines that the voter has otherwise cast a ballot in the election, no notice is
7.4required. If an absentee ballot arrives after the deadline for submission provided by this
7.5chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
7.6notice of absentee ballot rejection must contain the following information:
7.7(1) the date on which the absentee ballot was rejected or, if the ballot was received
7.8after the required deadline for submission, the date on which the ballot was received;
7.9(2) the reason for rejection; and
7.10(3) the name of the appropriate election official to whom the voter may direct further
7.11questions, along with appropriate contact information.
7.12(e) An absentee ballot return envelope marked "Rejected" may not be opened or
7.13subject to further review except in an election contest filed pursuant to chapter 209.
7.14    Subd. 3. Record of voting. (a) When applicable, the county auditor or municipal
7.15clerk must immediately record that a voter's absentee ballot has been accepted. After the
7.16close of business on the fourth day before the election, a voter whose record indicates that
7.17an absentee ballot has been accepted must not be permitted to cast another ballot at that
7.18election. In a state primary, general, or state special election for federal or state office, the
7.19auditor or clerk must also record this information in the statewide voter registration system.
7.20(b) The roster must be marked, and a supplemental report of absentee voters who
7.21submitted a voter registration application with their ballot must be created, no later than
7.22the start of voting on election day to indicate the voters that have already cast a ballot at
7.23the election. The roster may be marked either:
7.24(1) by the county auditor or municipal clerk before election day;
7.25(2) by the ballot board before election day; or
7.26(3) by the election judges at the polling place on election day.
7.27The record of a voter whose absentee ballot was received after the close of business
7.28on the fourth day before the election is not required to be marked on the roster or contained
7.29in a supplemental report as required by this paragraph.
7.30    Subd. 4. Opening of envelopes. After the close of business on the fourth day
7.31before the election, the ballots from return envelopes marked "Accepted" may be opened,
7.32duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by
7.33the members of the ballot board, and deposited in the appropriate ballot box. If more than
7.34one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner
7.35provided by section 204C.25 for return of spoiled ballots, and may not be counted.
8.1    Subd. 5. Storage and counting of absentee ballots. (a) On a day on which absentee
8.2ballots are inserted into a ballot box, two members of the ballot board must:
8.3(1) remove the ballots from the ballot box at the end of the day;
8.4(2) without inspecting the ballots, ensure that the number of ballots removed from
8.5the ballot box is equal to the number of voters whose absentee ballots were accepted
8.6that day; and
8.7(3) seal and secure all voted and unvoted ballots present in that location at the end
8.8of the day.
8.9(b) After the polls have closed on election day, two members of the ballot board
8.10must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
8.11and the total votes cast for each candidate or question. In state primary and state general
8.12elections, the results must indicate the total votes cast for each candidate or question in
8.13each precinct and report the vote totals tabulated for each precinct. The count shall be
8.14public. No vote totals from ballots may be made public before the close of voting on
8.15election day.
8.16In state primary and state general elections, these vote totals shall be added to the
8.17vote totals on the summary statements of the returns for the appropriate precinct. In other
8.18elections, these vote totals may be added to the vote totals on the summary statement of
8.19returns for the appropriate precinct or may be reported as a separate total.
8.20(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
8.21completed previously, the members of the ballot board must verify as soon as possible,
8.22but no later than 24 hours after the end of the hours for voting that voters whose absentee
8.23ballots arrived after the rosters were marked or supplemental reports were generated
8.24and whose ballots were accepted did not vote in person on election day. An absentee
8.25ballot submitted by a voter who has voted in person on election day must be rejected. All
8.26other accepted absentee ballots must be opened, duplicated if necessary, and counted by
8.27members of the ballot board. The vote totals from these ballots must be incorporated into
8.28the totals with the other absentee ballots and handled according to paragraph (b).
8.29EFFECTIVE DATE.Subdivision 1 is effective the day following final enactment.
8.30Subdivision 2, paragraph (d), is effective October 28, 2010. The remainder of this section
8.31is effective June 25, 2010.

8.32    Sec. 10. Minnesota Statutes 2008, section 203B.125, is amended to read:
8.33203B.125 SECRETARY OF STATE TO MAKE RULES.
9.1The secretary of state shall adopt rules establishing methods and procedures for
9.2issuing ballot cards and related absentee forms to be used as provided in section 203B.08,
9.3subdivision 1a , and for the reconciliation of voters and ballot cards before tabulation under
9.4section 203B.12 204C.20, subdivision 1.

9.5    Sec. 11. Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:
9.6    Subdivision 1. Establishment. The county auditor must establish an absentee ballot
9.7board for ballots issued under sections 203B.16 to 203B.27. The board may consist of
9.8staff trained and certified as election judges, in which case, the board is exempt from
9.9sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment of
9.10judges and to duties to be performed by judges of different major political parties.

9.11    Sec. 12. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
9.12    Subd. 2. Duties. The absentee ballot board must examine all returned absentee
9.13ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
9.14the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
9.15eligibility is not printed on the return or administrative envelope, the certificate must
9.16be attached to the ballot secrecy envelope.
9.17    The absentee ballot board must immediately examine the return envelopes and mark
9.18them "accepted" or "rejected" during the 30 days before the election. If an envelope has
9.19been rejected at least five days before the election, the ballots in the envelope must be
9.20considered spoiled ballots and the official in charge of the absentee ballot board must
9.21provide the voter with a replacement absentee ballot and return envelope in place of
9.22the spoiled ballot.
9.23If a county has delegated the responsibility for administering absentee balloting to a
9.24municipality under section 203B.05, accepted absentee ballots must be delivered to the
9.25appropriate municipality's absentee ballot board. The absentee ballot board with the
9.26authority to open and count the ballots must do so in accordance with section 203B.121,
9.27subdivisions 4 and 5.

9.28    Sec. 13. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
9.29    Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon
9.30receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
9.31election judges shall compare the voter's name with the names recorded under section
9.32203B.19 in the statewide registration system to insure that the ballot is from a voter
9.33eligible to cast an absentee ballot under sections 203B.16 to 203B.27. The election judges
10.1shall mark the return envelope "Accepted" and initial or sign the return envelope below
10.2the word "Accepted" if the election judges are satisfied that:
10.3    (1) the voter's name on the return envelope appears in substantially the same form as
10.4on the application records provided to the election judges by the county auditor;
10.5    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
10.6the Help America Vote Act, Public Law 107-252;
10.7    (3) the voter has set forth the same voter's passport number, or Minnesota driver's
10.8license or state identification card number, or the last four digits of the voter's Social
10.9Security number as submitted on the application, if the voter has one of these documents;
10.10and
10.11    (4) the voter is not known to have died; and
10.12(5) the voter has not already voted at that election, either in person or by absentee
10.13ballot.
10.14    If the identification number described in clause (3) does not match the number as
10.15submitted on the application, the election judges must make a reasonable effort to satisfy
10.16themselves through other information provided by the applicant, or by an individual
10.17authorized to apply on behalf of the voter, that the ballots were returned by the same
10.18person to whom the ballots were transmitted.
10.19    An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be
10.20rejected for the lack of one of clauses (1) to (4) (5). In particular, failure to place the
10.21ballot within the security envelope before placing it in the outer white envelope is not a
10.22reason to reject an absentee ballot.
10.23    Election judges must note the reason for rejection on the back of the envelope in the
10.24space provided for that purpose.
10.25    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
10.26shall not be counted if the certificate on the return envelope is not properly executed. In
10.27all other respects the provisions of the Minnesota Election Law governing deposit and
10.28counting of ballots shall apply. Notwithstanding other provisions of this section, the
10.29counting of the absentee ballot of a deceased voter does not invalidate the election.

10.30    Sec. 14. Minnesota Statutes 2008, section 203B.26, is amended to read:
10.31203B.26 SEPARATE RECORD.
10.32    A separate record of the ballots of absent voters cast under sections 203B.16 to
10.33203B.27 must be generated from the statewide registration system for each precinct
10.34and provided to the election judges in the polling place on election day, along with the
10.35returned envelopes marked "accepted" by the absentee ballot board. The content of the
11.1record must be in a form prescribed by the secretary of state. The election judges in the
11.2polling place must note on the record any envelopes that had been marked "accepted" by
11.3the absentee ballot board but were not counted. The election judges must preserve the
11.4record and return it to the county auditor or municipal clerk with the election day retained
11.5with the other election materials.

11.6    Sec. 15. [203B.28] POSTELECTION REPORT TO LEGISLATURE.
11.7By March 1, 2011, and by January 15 of every odd-numbered year thereafter, the
11.8secretary of state shall provide to the chair and ranking minority members of the legislative
11.9committees with jurisdiction over elections a statistical report related to absentee voting
11.10in the most recent general election cycle. The statistics must be organized by county
11.11and precinct, and include:
11.12(1) the number of absentee ballots transmitted to voters;
11.13(2) the number of absentee ballots returned by voters;
11.14(3) the number of absentee ballots that were rejected, categorized by the reason
11.15for rejection;
11.16(4) the number of absentee ballots submitted pursuant to sections 203B.16 to
11.17203B.27, along with the number of returned ballots that were accepted, rejected, and
11.18the reason for any rejections; and
11.19(5) the number of absentee ballots that were not counted because the ballot return
11.20envelope was received after the deadlines provided in this chapter.

11.21    Sec. 16. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
11.22    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
11.23given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
11.24prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters
11.25registered in the town or unorganized territory. No later than 14 days before the election,
11.26the auditor must make a subsequent mailing of ballots to those voters who register to vote
11.27after the initial mailing but before the 20th day before the election. Eligible voters not
11.28registered at the time the ballots are mailed may apply for ballots as provided in chapter
11.29203B. Ballot return envelopes, with return postage provided, must be preaddressed to the
11.30auditor or clerk and the voter may return the ballot by mail or in person to the office of
11.31the auditor or clerk. The auditor or clerk may must appoint election judges a ballot board
11.32to examine the return envelopes and mark them "accepted" or "rejected" during the 30
11.33days before the election. within three days of receipt if there are 14 or fewer days before
11.34election day, or within five days of receipt if there are more than 14 days before election
12.1day. The board may consist of staff trained as election judges. Election judges performing
12.2the duties in this section must be of different major political parties, unless they are exempt
12.3from that requirement under section 205.075, subdivision 4, or section 205A.10. If an
12.4envelope has been rejected at least five days before the election, the ballots in the envelope
12.5must be considered spoiled ballots remain sealed and the auditor or clerk shall provide the
12.6voter with a replacement ballot and return envelope in place of the spoiled ballot. If the
12.7ballot is rejected within five days of the election, the envelope must remain sealed and
12.8the official in charge of the ballot board must attempt to contact the voter by telephone
12.9or e-mail to notify the voter that the voter's ballot has been rejected. The official must
12.10document the attempts made to contact the voter.
12.11If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
12.12indicate that the voter has already cast a ballot in that election. After the close of business
12.13on the fourth day before the election, the ballots from return envelopes marked "Accepted"
12.14may be opened, duplicated as needed in the manner provided by section 206.86,
12.15subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
12.16In all other respects, the provisions of the Minnesota Election Law governing
12.17deposit and counting of ballots apply.
12.18No vote totals from mail or absentee ballots may be made public before the close
12.19of voting on election day.
12.20The costs of the mailing shall be paid by the election jurisdiction in which the voter
12.21resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

12.22    Sec. 17. Minnesota Statutes 2008, section 204B.46, as amended by Laws 2010, chapter
12.23180, section 4, is amended to read:
12.24204B.46 MAIL ELECTIONS; QUESTIONS.
12.25    A county, municipality, or school district submitting questions to the voters at a
12.26special election may conduct an election by mail with no polling place other than the
12.27office of the auditor or clerk. No more than two questions may be submitted at a mail
12.28election and no offices may be voted on. Notice of the election must be given to the county
12.29auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
12.30of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted
12.31at least six weeks prior to the election. Not more than 30 nor later than 14 days prior to
12.32the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters
12.33registered in the county, municipality, or school district. No later than 14 days before the
12.34election, the auditor or clerk must make a subsequent mailing of ballots to those voters
12.35who register to vote after the initial mailing but before the 20th day before the election.
13.1Eligible voters not registered at the time the ballots are mailed may apply for ballots
13.2pursuant to chapter 203B. The auditor or clerk must appoint a ballot board to examine the
13.3return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if
13.4there are 14 or fewer days before election day, or within five days of receipt if there are
13.5more than 14 days before election day. The board may consist of staff trained as election
13.6judges. Election judges performing the duties in this section must be of different major
13.7political parties, unless they are exempt from that requirement under section 205.075,
13.8subdivision 4, or section 205A.10. If an envelope has been rejected at least five days
13.9before the election, the ballots in the envelope must remain sealed and the auditor or clerk
13.10must provide the voter with a replacement ballot and return envelope in place of the
13.11spoiled ballot. If the ballot is rejected within five days of the election, the envelope must
13.12remain sealed and the official in charge of the ballot board must attempt to contact the
13.13voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
13.14The official must document the attempts made to contact the voter.
13.15If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
13.16indicate that the voter has already cast a ballot in that election. After the close of business
13.17on the fourth day before the election, the ballots from return envelopes marked "Accepted"
13.18may be opened, duplicated as needed in the manner provided by section 206.86,
13.19subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
13.20In all other respects, the provisions of the Minnesota Election Law governing
13.21deposit and counting of ballots apply.
13.22No vote totals from ballots may be made public before the close of voting on
13.23election day.

13.24    Sec. 18. Minnesota Statutes 2008, section 204C.32, subdivision 1, is amended to read:
13.25    Subdivision 1. County canvass. The county canvassing board shall meet at the
13.26county auditor's office on or before the third day following the state primary. After
13.27taking the oath of office, the canvassing board shall publicly canvass the election returns
13.28delivered to the county auditor. The board shall complete the canvass no later than on
13.29the third day following the state primary and shall promptly prepare and file with the
13.30county auditor a report that states:
13.31(a) the number of individuals voting at the election in the county, and in each
13.32precinct;
13.33(b) the number of individuals registering to vote on election day and the number of
13.34individuals registered before election day in each precinct;
14.1(c) for each major political party, the names of the candidates running for each
14.2partisan office and the number of votes received by each candidate in the county and in
14.3each precinct;
14.4(d) the names of the candidates of each major political party who are nominated; and
14.5(e) the number of votes received by each of the candidates for nonpartisan office in
14.6each precinct in the county and the names of the candidates nominated for nonpartisan
14.7office.
14.8Upon completion of the canvass, the county auditor shall mail or deliver a notice of
14.9nomination to each nominee for county office voted for only in that county. The county
14.10auditor shall transmit one of the certified copies of the county canvassing board report
14.11for state and federal offices to the secretary of state by express mail or similar service
14.12immediately upon conclusion of the county canvass. The secretary of state shall mail a
14.13notice of nomination to each nominee for state or federal office.

14.14    Sec. 19. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
14.15    Subdivision 1. County canvass. The county canvassing board shall meet at the
14.16county auditor's office on or before the seventh day between the third and tenth days
14.17following the state general election. After taking the oath of office, the board shall
14.18promptly and publicly canvass the general election returns delivered to the county auditor.
14.19Upon completion of the canvass, the board shall promptly prepare and file with the county
14.20auditor a report which states:
14.21(a) the number of individuals voting at the election in the county and in each precinct;
14.22(b) the number of individuals registering to vote on election day and the number of
14.23individuals registered before election day in each precinct;
14.24(c) the names of the candidates for each office and the number of votes received
14.25by each candidate in the county and in each precinct, including write-in candidates for
14.26state and federal office who have requested under section 204B.09 that votes for those
14.27candidates be tallied;
14.28(d) the number of votes counted for and against a proposed change of county lines
14.29or county seat; and
14.30(e) the number of votes counted for and against a constitutional amendment or other
14.31question in the county and in each precinct.
14.32The result of write-in votes cast on the general election ballots must be compiled by
14.33the county auditor before the county canvass, except that write-in votes for a candidate
14.34for state or federal office must not be counted unless the candidate has timely filed a
14.35request under section 204B.09, subdivision 3. The county auditor shall arrange for each
15.1municipality to provide an adequate number of election judges to perform this duty or
15.2the county auditor may appoint additional election judges for this purpose. The county
15.3auditor may open the envelopes or containers in which the voted ballots have been
15.4sealed in order to count and record the write-in votes and must reseal the voted ballots
15.5at the conclusion of this process.
15.6Upon completion of the canvass, the county canvassing board shall declare the
15.7candidate duly elected who received the highest number of votes for each county and state
15.8office voted for only within the county. The county auditor shall transmit one of the
15.9certified copies of the county canvassing board report for state and federal offices to the
15.10secretary of state by express mail or similar service immediately upon conclusion of
15.11the county canvass.

15.12    Sec. 20. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
15.13    Subd. 3. State canvass. The State Canvassing Board shall meet at the secretary of
15.14state's office on the second third Tuesday following the state general election to canvass
15.15the certified copies of the county canvassing board reports received from the county
15.16auditors and shall prepare a report that states:
15.17(a) the number of individuals voting in the state and in each county;
15.18(b) the number of votes received by each of the candidates, specifying the counties
15.19in which they were cast; and
15.20(c) the number of votes counted for and against each constitutional amendment,
15.21specifying the counties in which they were cast.
15.22All members of the State Canvassing Board shall sign the report and certify its
15.23correctness. The State Canvassing Board shall declare the result within three days after
15.24completing the canvass.

15.25    Sec. 21. Minnesota Statutes 2008, section 205.065, subdivision 5, is amended to read:
15.26    Subd. 5. Results. The municipal primary shall be conducted and the returns made
15.27in the manner provided for the state primary so far as practicable. Within two days On
15.28the third day after the primary, the governing body of the municipality shall canvass the
15.29returns, and the two candidates for each office who receive the highest number of votes,
15.30or a number of candidates equal to twice the number of individuals to be elected to the
15.31office, who receive the highest number of votes, shall be the nominees for the office
15.32named. Their names shall be certified to the municipal clerk who shall place them on
15.33the municipal general election ballot without partisan designation and without payment
15.34of an additional fee.

16.1    Sec. 22. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
16.2    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
16.3Within seven days Between the third and tenth days after an election, the governing body
16.4of a city conducting any election including a special municipal election, or the governing
16.5body of a town conducting the general election in November shall act as the canvassing
16.6board, canvass the returns, and declare the results of the election. The governing body of a
16.7town conducting the general election in March shall act as the canvassing board, canvass
16.8the returns, and declare the results of the election within two days after an election.
16.9(b) After the time for contesting elections has passed, the municipal clerk shall issue a
16.10certificate of election to each successful candidate. In case of a contest, the certificate shall
16.11not be issued until the outcome of the contest has been determined by the proper court.
16.12(c) In case of a tie vote, the canvassing board having jurisdiction over the
16.13municipality shall determine the result by lot. The clerk of the canvassing board shall
16.14certify the results of the election to the county auditor, and the clerk shall be the final
16.15custodian of the ballots and the returns of the election.

16.16    Sec. 23. Minnesota Statutes 2008, section 205A.03, subdivision 4, is amended to read:
16.17    Subd. 4. Results. The school district primary must be conducted and the returns
16.18made in the manner provided for the state primary as far as practicable. Within two days
16.19On the third day after the primary, the school board of the school district shall canvass
16.20the returns, and the two candidates for each specified school board position who receive
16.21the highest number of votes, or a number of candidates equal to twice the number of
16.22individuals to be elected to at-large school board positions who receive the highest number
16.23of votes, are the nominees for the office named. Their names must be certified to the
16.24school district clerk who shall place them on the school district general election ballot
16.25without partisan designation and without payment of an additional fee.

16.26    Sec. 24. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
16.27    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Within
16.28seven days Between the third and tenth days after a school district election other than a
16.29recount of a special election conducted under section 126C.17, subdivision 9, or 475.59,
16.30the school board shall canvass the returns and declare the results of the election. After the
16.31time for contesting elections has passed, the school district clerk shall issue a certificate of
16.32election to each successful candidate. If there is a contest, the certificate of election to
16.33that office must not be issued until the outcome of the contest has been determined by the
16.34proper court. If there is a tie vote, the school board shall determine the result by lot. The
17.1clerk shall deliver the certificate of election to the successful candidate by personal service
17.2or certified mail. The successful candidate shall file an acceptance and oath of office in
17.3writing with the clerk within 30 days of the date of mailing or personal service. A person
17.4who fails to qualify prior to the time specified shall be deemed to have refused to serve,
17.5but that filing may be made at any time before action to fill the vacancy has been taken.
17.6The school district clerk shall certify the results of the election to the county auditor, and
17.7the clerk shall be the final custodian of the ballots and the returns of the election.
17.8A school district canvassing board shall perform the duties of the school board
17.9according to the requirements of this subdivision for a recount of a special election
17.10conducted under section 126C.17, subdivision 9, or 475.59.

17.11    Sec. 25. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
17.12    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
17.13county canvassing board in each county must set the date, time, and place for the
17.14postelection review of the state general election to be held under this section.
17.15    At the canvass of the state general election, the county canvassing boards must select
17.16the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
17.17considered one precinct eligible to be selected for purposes of this subdivision. The county
17.18canvassing board of a county with fewer than 50,000 registered voters must conduct a
17.19postelection review of a total of at least two precincts. The county canvassing board of a
17.20county with between 50,000 and 100,000 registered voters must conduct a review of a total
17.21of at least three precincts. The county canvassing board of a county with over 100,000
17.22registered voters must conduct a review of a total of at least four precincts, or three percent
17.23of the total number of precincts in the county, whichever is greater. At least one precinct
17.24selected in each county must have had more than 150 votes cast at the general election.
17.25    The county auditor must notify the secretary of state of the precincts that have been
17.26chosen for review and the time and place the postelection review for that county will be
17.27conducted, as soon as the decisions are made. If the selection of precincts has not resulted
17.28in the selection of at least four precincts in each congressional district, the secretary of state
17.29may require counties to select by lot additional precincts to meet the congressional district
17.30requirement. The secretary of state must post this information on the office Web site.

17.31    Sec. 26. Minnesota Statutes 2008, section 208.05, is amended to read:
17.32208.05 STATE CANVASSING BOARD.
17.33The State Canvassing Board at its meeting on the second Tuesday after each state
17.34general election date provided in section 204C.33 shall open and canvass the returns
18.1made to the secretary of state for presidential electors and alternates, prepare a statement
18.2of the number of votes cast for the persons receiving votes for these offices, and declare
18.3the person or persons receiving the highest number of votes for each office duly elected.
18.4When it appears that more than the number of persons to be elected as presidential electors
18.5or alternates have the highest and an equal number of votes, the secretary of state, in the
18.6presence of the board shall decide by lot which of the persons shall be declared elected.
18.7The governor shall transmit to each person declared elected a certificate of election, signed
18.8by the governor, sealed with the state seal, and countersigned by the secretary of state.

18.9    Sec. 27. REPEALER.
18.10Minnesota Statutes 2008, sections 203B.10; 203B.12, subdivisions 1, 2, 3, 4, and 6;
18.11203B.13, subdivisions 1, 2, 3, and 4; and 203B.25, are repealed.

18.12    Sec. 28. EFFECTIVE DATE.
18.13Sections 1 to 8 and 10 to 27 are effective June 25, 2010."
18.14Delete the title and insert:
18.16relating to elections; requiring use of a ballot board to process absentee ballots;
18.17permitting absentee ballots to be counted starting on the fourth day prior to an
18.18election; modifying other absentee ballot processing procedures;amending
18.19Minnesota Statutes 2008, sections 201.061, subdivision 4; 203B.04, subdivision
18.201; 203B.05, subdivision 1; 203B.07, subdivisions 2, 3; 203B.08, subdivisions
18.212, 3; 203B.125; 203B.23, subdivisions 1, 2; 203B.24, subdivision 1; 203B.26;
18.22204B.45, subdivision 2; 204B.46, as amended; 204C.32, subdivision 1; 204C.33,
18.23subdivisions 1, 3; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03,
18.24subdivision 4; 205A.10, subdivision 3; 206.89, subdivision 2; 208.05; proposing
18.25coding for new law in Minnesota Statutes, chapter 203B; repealing Minnesota
18.26Statutes 2008, sections 203B.10; 203B.12, subdivisions 1, 2, 3, 4, 6; 203B.13,
18.27subdivisions 1, 2, 3, 4; 203B.25."