1.1.................... moves to amend H.F. No. 210 as follows:
1.2Delete everything after the enacting clause and insert:


1.6    Section 1. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
1.7The following documents are sufficient proof of identity and residence for purposes
1.8of election day voter registration under section 201.061, subdivision 3, and for determining
1.9whether to count a provisional ballot under section 204C.135, subdivision 2:
1.10(1) a current, valid driver's license or identification card issued to the voter by the
1.11Department of Public Safety that contains the voter's current address of residence in the
1.12precinct;
1.13(2) an identification card issued to the voter by the tribal government of a tribe
1.14recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the
1.15voter's current address of residence in the precinct, and all other items of data contained on
1.16a Minnesota identification card, as provided in section 171.07, subdivision 3;
1.17(3) an original receipt issued to the voter by the Department of Public Safety for a
1.18new, renewed, or updated driver's license or identification card that contains the voter's
1.19current address of residence in the precinct along with one of the following documents,
1.20provided that it contains a photograph of the voter:
1.21(i) a driver's license or identification card that is expired, invalidated, or does
1.22not contain the voter's current address of residence, issued to the voter by the state of
1.23Minnesota or any other state or territory of the United States;
1.24(ii) a United States passport, issued to the voter;
1.25(iii) an identification card issued by a branch, department, agency, entity, or
1.26subdivision of Minnesota or the federal government;
2.1(iv) an identification card issued by an accredited postsecondary institution with
2.2a campus located within Minnesota, if a list of students from that institution has been
2.3prepared under section 135A.17 and certified to the county auditor in the manner provided
2.4in rules of the secretary of state; or
2.5(v) an identification card issued to the voter by the tribal government of a tribe
2.6recognized by the Bureau of Indian Affairs; or
2.7(4) if the voter is a student, a driver's license or identification card issued by
2.8Minnesota or any other state or territory of the United States that does not contain
2.9the voter's current address of residence, along with a current student fee statement that
2.10contains the student's valid address of residence in the precinct.

2.11    Sec. 2. [201.017] STATE-SUBSIDIZED IDENTIFICATION.
2.12    Subdivision 1. Issuance of identification cards. (a) The Department of Public
2.13Safety shall provide a Minnesota identification card as described in section 171.07,
2.14subdivision 3, to any applicant who is eligible to vote in Minnesota and who does not
2.15possess a valid Minnesota driver's license or state identification card. The department
2.16may not require the applicant to pay a fee for issuance of an identification card under
2.17this section. The application form must require the applicant to indicate whether a
2.18state-subsidized identification card is being requested due to the applicant's indigent
2.19status. A state-subsidized identification card may only be applied for at a driver's licensing
2.20facility operated by the Division of Driver and Vehicle Services.
2.21(b) Upon application for a state-subsidized identification card, including upon
2.22application for a renewal, duplicate card, or when a new card is required as a result of
2.23a change of address, an applicant must present verification that the applicant is at least
2.2418 years of age, is a citizen of the United States, and will have maintained residence in
2.25Minnesota for at least 20 days immediately preceding the next election.
2.26    Subd. 2. State-subsidized identification card account. A state-subsidized
2.27identification card account is established in the special revenue fund. Money in the
2.28account shall be appropriated by law to the Department of Public Safety for purposes of
2.29providing state-subsidized identification cards to individuals qualifying under this section,
2.30provided that the department may not be reimbursed more than 50 cents for identification
2.31cards issued to individuals qualifying under section 171.07, subdivision 3, paragraph (e),
2.32and two dollars for all other cards. The commissioner of public safety must report to the
2.33legislature at least monthly on expenditure of funds from this account.

2.34    Sec. 3. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
3.1    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
3.2register on election day by appearing in person at the polling place for the precinct in
3.3which the individual maintains residence, by completing a registration application, making
3.4an oath in the form prescribed by the secretary of state and providing proof of identity and
3.5residence. An individual may prove identity and residence for purposes of registering by:
3.6presenting documentation as permitted by section 200.035.
3.7    (1) presenting a driver's license or Minnesota identification card issued pursuant
3.8to section 171.07;
3.9    (2) presenting any document approved by the secretary of state as proper
3.10identification;
3.11    (3) presenting one of the following:
3.12    (i) a current valid student identification card from a postsecondary educational
3.13institution in Minnesota, if a list of students from that institution has been prepared under
3.14section 135A.17 and certified to the county auditor in the manner provided in rules of
3.15the secretary of state; or
3.16    (ii) a current student fee statement that contains the student's valid address in the
3.17precinct together with a picture identification card; or
3.18    (4) having a voter who is registered to vote in the precinct, or who is an employee
3.19employed by and working in a residential facility in the precinct and vouching for a
3.20resident in the facility, sign an oath in the presence of the election judge vouching that the
3.21voter or employee personally knows that the individual is a resident of the precinct. A
3.22voter who has been vouched for on election day may not sign a proof of residence oath
3.23vouching for any other individual on that election day. A voter who is registered to vote in
3.24the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
3.25does not apply to an employee of a residential facility described in this clause. The
3.26secretary of state shall provide a form for election judges to use in recording the number
3.27of individuals for whom a voter signs proof-of-residence oaths on election day. The
3.28form must include space for the maximum number of individuals for whom a voter may
3.29sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
3.30a statement that the voter is registered to vote in the precinct, personally knows that the
3.31individual is a resident of the precinct, and is making the statement on oath. The form must
3.32include a space for the voter's printed name, signature, telephone number, and address.
3.33    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
3.34attached to the voter registration application.
3.35    (b) The operator of a residential facility shall prepare a list of the names of its
3.36employees currently working in the residential facility and the address of the residential
4.1facility. The operator shall certify the list and provide it to the appropriate county auditor
4.2no less than 20 days before each election for use in election day registration.
4.3    (c) "Residential facility" means transitional housing as defined in section 256E.33,
4.4subdivision 1 ; a supervised living facility licensed by the commissioner of health under
4.5section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
4.65 ; a residence registered with the commissioner of health as a housing with services
4.7establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
4.8the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
4.9licensed by the commissioner of human services to provide a residential program as
4.10defined in section 245A.02, subdivision 14; a residential facility for persons with a
4.11developmental disability licensed by the commissioner of human services under section
4.12252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
4.13for battered women as defined in section 611A.37, subdivision 4; or a supervised
4.14publicly or privately operated shelter or dwelling designed to provide temporary living
4.15accommodations for the homeless.
4.16    (d) For tribal band members, an individual may prove residence for purposes of
4.17registering by:
4.18    (1) presenting an identification card issued by the tribal government of a tribe
4.19recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
4.20contains the name, address, signature, and picture of the individual; or
4.21    (2) presenting an identification card issued by the tribal government of a tribe
4.22recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
4.23contains the name, signature, and picture of the individual and also presenting one of the
4.24documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
4.25    (e) (b) A county, school district, or municipality may must require that an election
4.26judge responsible for election day registration initial sign each completed registration
4.27application.

4.28    Sec. 4. Minnesota Statutes 2010, section 204C.10, is amended to read:
4.29204C.10 PERMANENT REGISTRATION; VERIFICATION OF
4.30REGISTRATION.
4.31    Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a
4.32polling place roster which states that the individual is at least 18 years of age, a citizen
4.33of the United States, has resided in Minnesota for 20 days immediately preceding the
4.34election, maintains residence at the address shown, is not under a guardianship in which
4.35the court order revokes the individual's right to vote, has not been found by a court of
5.1law to be legally incompetent to vote or has the right to vote because, if the individual
5.2was convicted of a felony, the felony sentence has expired or been completed or the
5.3individual has been discharged from the sentence, is registered and has not already voted
5.4in the election. The roster must also state: "I understand that deliberately providing false
5.5information is a felony punishable by not more than five years imprisonment and a fine of
5.6not more than $10,000, or both."
5.7(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the
5.8voter to present a photo identification document, as described in subdivision 2; and (2)
5.9confirm the applicant's name, address, and date of birth. A voter who cannot produce
5.10sufficient identification as required by subdivision 2 may not sign the polling place roster,
5.11but may cast a provisional ballot, as provided in section 204C.135.
5.12(c) After the applicant signs the roster, the judge shall give the applicant a voter's
5.13receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
5.14of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
5.15voters' receipts must be maintained during the time for notice of filing an election contest
5.16for 36 months following the date of the election.
5.17    Subd. 2. Photo identification. To satisfy the photo identification requirement in
5.18subdivision 1, a voter must present a valid form of one of the following documents or sets
5.19of documents, issued to the voter:
5.20(1) a Minnesota driver's license or identification card that contains the voter's current
5.21address of residence in the precinct, issued under section 171.07 or 201.017;
5.22(2)(i) an original receipt for a new, renewed, or updated driver's license or
5.23identification card issued under section 171.07 or 201.017 that contains the voter's current
5.24address of residence in the precinct; and
5.25(ii) a driver's license or identification card that is expired, invalidated, or does not
5.26contain the voter's current address of residence in the precinct, issued to the voter by the
5.27state of Minnesota or any other state or territory of the United States; or
5.28(3) an identification card issued by the tribal government of a tribe recognized by
5.29the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current
5.30address of residence in the precinct, and all other items of data contained on a Minnesota
5.31identification card, as provided in section 171.07, subdivision 3.

5.32    Sec. 5. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
5.33    Subd. 3. Determination of residence. In determining the legal residence of a
5.34challenged individual, the election judges shall be governed by the principles contained in
5.35section 200.031. If the challenged individual's answers to the questions show ineligibility
6.1to vote in that precinct, the individual shall not be allowed to vote. If the individual has
6.2marked ballots but not yet deposited them in the ballot boxes before the election judges
6.3determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
6.4with the spoiled ballots. If the answers to the questions fail to show that the individual is
6.5not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
6.6shall verbally administer the oath on the voter certificate to the individual. After taking the
6.7oath and completing and signing the voter certificate, the challenged individual shall be
6.8allowed to vote permit the voter to cast a provisional ballot, in the manner provided in
6.9section 204C.135.

6.10    Sec. 6. [204C.135] PROVISIONAL BALLOTS.
6.11    Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to
6.12vote are entitled to cast a provisional ballot in the manner provided by this section:
6.13(1) a voter who is unable to provide proper photo identification as required by
6.14section 204C.10;
6.15(2) a voter whose registration status is listed as "challenged" on the polling place
6.16roster; and
6.17(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
6.18(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
6.19and complete a provisional ballot envelope. The envelope must contain a space for the
6.20voter to list the voter's name, address of residence, date of birth, voter identification
6.21number, and any other information prescribed by the secretary of state. The voter must
6.22also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
6.23in the same election, and meets the criteria for registering to vote in the precinct in which
6.24the voter appears.
6.25Once the voter has completed the provisional ballot envelope, the voter must be
6.26allowed to cast a provisional ballot. The provisional ballot must be in the same form
6.27as the official ballot available in the precinct on election day. A completed provisional
6.28ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
6.29the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
6.30provisional ballot box. Completed provisional ballots may not be combined with other
6.31voted ballots in the polling place.
6.32(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
6.33the secretary of state. The provisional ballot envelope must be a color other than that
6.34provided for absentee ballot envelopes and must be prominently labeled "Provisional
6.35Ballot Envelope."
7.1(d) Provisional ballots and related documentation shall be delivered to and securely
7.2maintained by the county auditor or municipal clerk in the same manner as required for
7.3other election materials under sections 204C.27 to 204C.28.
7.4    Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
7.5the polling place may personally appear before the county auditor or municipal clerk no
7.6later than seven calendar days following the election to prove that the voter's provisional
7.7ballot should be counted. The county auditor or municipal clerk must count a provisional
7.8ballot in the final certified results from the precinct if:
7.9(1) the statewide voter registration system indicates that the voter is eligible to vote
7.10or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
7.11(2) the voter presents proof of identity and residence in the precinct in the manner
7.12permitted by section 200.035.
7.13(b) If a voter does not appear before the county auditor or municipal clerk within
7.14seven calendar days following the election or otherwise does not satisfy the requirements
7.15of paragraph (a), or if the data listed on the items of identification presented by the voter
7.16does not match the data submitted by the voter on the provisional ballot envelope, the
7.17voter's provisional ballot must not be counted.
7.18(c) The county auditor or municipal clerk must notify, in writing, any provisional
7.19voter who does not appear within seven calendar days of the election that their provisional
7.20ballot was not counted because of the voter's failure to appear before the county auditor or
7.21municipal clerk within the time permitted by law to determine whether the provisional
7.22ballot should be counted.
7.23    Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
7.24ballots in the final vote totals from a precinct, the county auditor must verify that the
7.25number of signatures appearing on the provisional ballot roster from that precinct is equal
7.26to or greater than the number of accepted provisional ballots submitted by voters in the
7.27precinct on election day. Any discrepancy must be resolved before the provisional ballots
7.28from the precinct may be counted. Excess provisional ballots to be counted must be
7.29randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the
7.30period for a voter to appear to prove residence and identity has expired and the ballots to
7.31be counted have been separated from the provisional ballot envelopes.

7.32    Sec. 7. Minnesota Statutes 2010, section 204C.14, is amended to read:
7.33204C.14 UNLAWFUL VOTING; PENALTY.
7.34No individual shall intentionally:
8.1(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot
8.2in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be
8.3counted, or attempting to vote by means of a voting machine or electronic voting system;
8.4(b) vote more than once at the same election;
8.5(c) put a ballot in a ballot box for any illegal purpose;
8.6(d) give more than one ballot of the same kind and color to an election judge to
8.7be placed in a ballot box;
8.8(e) aid, abet, counsel or procure another to go into any precinct for the purpose
8.9of voting in that precinct, knowing that the other individual is not eligible to vote in
8.10that precinct; or
8.11(f) aid, abet, counsel or procure another to do any act in violation of this section.
8.12A violation of this section is a felony.

8.13    Sec. 8. APPROPRIATION.
8.14$....... is appropriated for fiscal years 2012 and 2013 to the state-subsidized
8.15identification card account for purposes of providing state-subsidized identification cards
8.16to individuals qualifying under Minnesota Statutes, section 201.017.

8.17    Sec. 9. EFFECTIVE DATE.
8.18This article is effective June 1, 2012, and applies to elections held on or after that
8.19date.


8.22    Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to
8.23read:
8.24    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
8.25accepting state or federal financial aid may prepare a current list of students enrolled in the
8.26institution and residing in the institution's housing or within ten miles of the institution's
8.27campus. The list shall include each student's current address. The list shall be certified and
8.28sent to the appropriate county auditor or auditors, in an electronic format approved by the
8.29secretary of state, for use in election day registration as provided under section 201.061,
8.30subdivision 3 . A residential housing list provided under this subdivision may not be used
8.31or disseminated by a county auditor or the secretary of state for any other purpose.

8.32    Sec. 2. [200.05] RULES; LEGISLATIVE APPROVAL REQUIRED.
9.1Any administrative rule authorized by the Minnesota Election Law and promulgated
9.2by the secretary of state shall not take effect until the rule has been enacted into law by the
9.3legislature and approved by the governor.
9.4EFFECTIVE DATE.This section is effective the day following final enactment,
9.5and applies to rules adopted on or after that date.

9.6    Sec. 3. Minnesota Statutes 2010, section 201.014, subdivision 2, is amended to read:
9.7    Subd. 2. Not eligible. The following individuals are not eligible to vote. Any
9.8individual:
9.9(a) convicted of treason or any felony, unless restored to civil rights whose civil
9.10rights have not been restored;
9.11(b) under a guardianship in which the court order revokes the ward's right to vote; or
9.12(c) found by a court of law to be legally incompetent.
9.13EFFECTIVE DATE.This section is effective August 1, 2011, and applies to voter
9.14eligibility for elections occurring on or after that date.

9.15    Sec. 4. Minnesota Statutes 2010, section 201.021, is amended to read:
9.16201.021 PERMANENT REGISTRATION SYSTEM.
9.17A permanent system of voter registration by county is established, with a single,
9.18official, centralized, interactive computerized statewide voter registration list defined,
9.19maintained, and administered at the state level that contains the name and registration
9.20information of every legally registered voter in the state, and assigns a unique identifier
9.21to each legally registered voter in the state. The unique identifier shall be permanently
9.22assigned to the voter and may not be changed or reassigned to another voter. The
9.23interactive computerized statewide voter registration list constitutes the official list of every
9.24legally registered voter in the state. The county auditor shall be chief registrar of voters
9.25and the chief custodian of the official registration records in each county. The secretary of
9.26state is responsible for defining, maintaining, and administering the centralized system.

9.27    Sec. 5. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
9.28    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
9.29voter registration system to facilitate voter registration and to provide a central database
9.30containing voter registration information from around the state. The system must be
9.31accessible to the county auditor of each county in the state. The system must also:
10.1(1) provide for voters to submit their voter registration applications to any county
10.2auditor, the secretary of state, or the Department of Public Safety;
10.3(2) provide for the definition, establishment, and maintenance of a central database
10.4for all voter registration information;
10.5(3) provide for entering data into the statewide registration system;
10.6(4) provide for electronic transfer of completed voter registration applications from
10.7the Department of Public Safety to the secretary of state or the county auditor;
10.8(5) assign a unique, permanent identifier to each legally registered voter in the state;
10.9(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
10.10state identification number, and last four digits of the Social Security number for each
10.11voter record;
10.12(7) coordinate with other agency databases within the state;
10.13(8) allow county auditors and the secretary of state to add or modify information in
10.14the system to provide for accurate and up-to-date records;
10.15(9) allow county auditors, municipal and school district clerks, and the secretary
10.16of state to have electronic access to the statewide registration system for review and
10.17search capabilities;
10.18(10) provide security and protection of all information in the statewide registration
10.19system and ensure that unauthorized access is not allowed;
10.20(11) provide access to municipal clerks to use the system;
10.21(12) provide a system for each county to identify the precinct to which a voter
10.22should be assigned for voting purposes;
10.23(13) provide daily reports accessible by county auditors on the driver's license
10.24numbers, state identification numbers, or last four digits of the Social Security numbers
10.25submitted on voter registration applications that have been verified as accurate by the
10.26secretary of state; and
10.27(14) provide reports on the number of absentee ballots transmitted to and returned
10.28and cast by voters under section 203B.16.
10.29The appropriate state or local official shall provide security measures to prevent
10.30unauthorized access to the computerized list established under section 201.021.

10.31    Sec. 6. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
10.32    Subd. 7. Record of attempted registrations. The election judge responsible for
10.33election day registration shall attempt to keep a record of the number of individuals who
10.34attempt to register on election day but who cannot provide proof of residence as required
11.1by this section. The record shall be forwarded to the county auditor with the election
11.2returns for that precinct.

11.3    Sec. 7. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
11.4    Subd. 3. Deficient registration. No voter registration application is deficient if it
11.5contains the voter's name, address, date of birth, current and valid Minnesota driver's
11.6license number or Minnesota state identification number, or if the voter has no current and
11.7valid Minnesota driver's license or Minnesota state identification number, the last four
11.8digits of the voter's Social Security number, if the voter has been issued a Social Security
11.9number, prior registration, if any, and signature. The absence of a zip code number does
11.10not cause the registration to be deficient. Failure to check a box on an application form
11.11that a voter has certified to be true does not cause the registration to be deficient. The
11.12election judges shall request an individual to correct a voter registration application if it is
11.13deficient or illegible. No eligible voter may be prevented from voting unless the voter's
11.14registration application is deficient or the voter is duly and successfully challenged in
11.15accordance with section 201.195 or 204C.12.
11.16    A voter registration application accepted prior to August 1, 1983, is not deficient for
11.17lack of date of birth. The county or municipality may shall attempt to obtain the date of
11.18birth for a voter registration application accepted prior to August 1, 1983, by a request to
11.19the voter at any time except at the polling place. Failure by the voter to comply with this
11.20request does not make the registration deficient.
11.21    A voter registration application accepted before January 1, 2004, is not deficient for
11.22lack of a valid Minnesota driver's license or state identification number or the last four
11.23digits of a Social Security number. A voter registration application submitted by a voter
11.24who does not have a Minnesota driver's license or state identification number, or a Social
11.25Security number, is not deficient for lack of any of these numbers.

11.26    Sec. 8. Minnesota Statutes 2010, section 201.081, is amended to read:
11.27201.081 REGISTRATION FILES.
11.28    The statewide registration system is the official record of registered voters. The voter
11.29registration applications and the terminal providing access to the statewide registration
11.30system must be under the control of the county auditor or the public official to whom the
11.31county auditor has delegated the responsibility for maintaining voter registration records.
11.32The voter registration applications and terminals providing access to the statewide
11.33registration system must not be removed from the control of the county auditor except
12.1as provided in this section. The county auditor may make photographic copies of voter
12.2registration applications in the manner provided by section 138.17.
12.3    A properly completed voter registration application that has been submitted to the
12.4secretary of state or a county auditor must be maintained by the secretary of state or
12.5the county auditor for at least 22 36 months after the date that the information on the
12.6application is entered into the database of the statewide registration system. The secretary
12.7of state or the county auditor may dispose of the applications after retention for 22 36
12.8months in the manner provided by section 138.17.

12.9    Sec. 9. Minnesota Statutes 2010, section 201.091, subdivision 4, is amended to read:
12.10    Subd. 4. Public information lists. The county auditor shall make available for
12.11inspection a public information list which must contain the name, address, year of birth,
12.12and voting history of each registered voter in the county. The telephone number must be
12.13included on the list if provided by the voter. The public information list may also include
12.14information on voting districts. The county auditor may adopt reasonable rules governing
12.15access to the list. No individual inspecting the public information list shall tamper with
12.16or alter it in any manner. No individual who inspects the public information list or who
12.17acquires a list of registered voters prepared from the public information list may use any
12.18information contained in the list for purposes unrelated to elections, political activities, or
12.19law enforcement. The secretary of state may provide copies of the public information lists
12.20and other information from the statewide registration system for uses related to elections,
12.21political activities, or in response to a law enforcement inquiry from a public official
12.22concerning a failure to comply with any criminal statute or any state or local tax statute.
12.23Before inspecting the public information list or obtaining a list of voters or other
12.24information from the list, the individual shall provide identification to the public official
12.25having custody of the public information list and shall state in writing that any information
12.26obtained from the list will not be used for purposes unrelated to elections, political
12.27activities, or law enforcement. Requests to examine or obtain information from the public
12.28information lists or the statewide registration system must be made and processed in the
12.29manner provided in the rules of the secretary of state.
12.30Upon receipt of a statement signed by the voter that withholding the voter's name
12.31from the public information list is required for the safety of the voter or the voter's family,
12.32the secretary of state and county auditor must withhold from the public information list the
12.33name and address of a registered voter. In place of a withheld voter's name and address,
12.34the public information list must state: "voter's name and address withheld by request." The
13.1public information list must still include the voting history, city, and precinct of a voter
13.2whose name and address are withheld from the list.

13.3    Sec. 10. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
13.4    Subdivision 1. Entry of registration information. (a) At the time a voter
13.5registration application is properly completed, submitted, and received in accordance with
13.6sections 201.061 and 201.071, the county auditor shall enter the information contained on
13.7it into the statewide registration system. Voter registration applications completed before
13.8election day must be entered into the statewide registration system within ten days after
13.9they have been submitted to the county auditor. Voter registration applications completed
13.10on election day must be entered into the statewide registration system within 42 days after
13.11the election, unless the county auditor notifies the secretary of state before the 42-day
13.12deadline has expired that the deadline will not be met.
13.13(b) Upon receiving a completed voter registration application, the secretary of state
13.14may electronically transmit the information on the application to the appropriate county
13.15auditor as soon as possible for review by the county auditor before final entry into the
13.16statewide registration system. The secretary of state may mail the voter registration
13.17application to the county auditor.
13.18(c) Within ten days after the county auditor has entered information from a voter
13.19registration application into the statewide registration system, the secretary of state shall
13.20compare the voter's name, date of birth, and driver's license number, state identification
13.21number, or the last four digits of the Social Security number with the same information
13.22contained in the Department of Public Safety database.
13.23(d) The secretary of state shall provide a report to the county auditor on a weekly
13.24basis that includes a list of voters whose name, date of birth, or identification number have
13.25been compared with the same information in the Department of Public Safety database
13.26and cannot be verified as provided in this subdivision. The report must list separately
13.27those voters who have submitted a voter registration application by mail and have not
13.28voted in a federal election in this state.
13.29(e) The county auditor shall compile a list of voters for whom the county auditor
13.30and the secretary of state are unable to conclude that information on the voter registration
13.31application and the corresponding information in the Department of Public Safety database
13.32relate to the same person.
13.33(f) The county auditor shall send a notice of incomplete registration to any voter
13.34whose name appears on the list and change the voter's status to "incomplete." A voter who
13.35receives a notice of incomplete registration from the county auditor may either provide
14.1the information required to complete the registration at least 21 days before the next
14.2election or at the polling place on election day.

14.3    Sec. 11. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
14.4    Subd. 3. Postelection sampling. Within ten days after an election, the county
14.5auditor shall send the notice required by subdivision 2 to a random sampling of the
14.6individuals registered on election day. The random sampling shall be determined in
14.7accordance with the rules of the secretary of state. As soon as practicable after the
14.8election, but no later than January 1 of the following year, the county auditor shall mail
14.9the notice required by subdivision 2 to all other individuals registered on election day.
14.10If a notice is returned as not deliverable, the county auditor shall attempt to determine
14.11the reason for the return. A county auditor who does not receive or obtain satisfactory
14.12proof of an individual's eligibility to vote shall immediately notify the county attorney of
14.13all of the relevant information and the secretary of state of the numbers by precinct. By
14.14March 1 of every odd-numbered year, the secretary of state shall report to the chair and
14.15ranking minority members of the legislative committees with jurisdiction over elections
14.16the number of notices reported under this subdivision to the secretary of state for the
14.17previous state general election by county and precinct.

14.18    Sec. 12. Minnesota Statutes 2010, section 201.171, is amended to read:
14.19201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
14.20REGISTRATION REMOVED.
14.21    Within six weeks after every election, the county auditor shall post the voting
14.22history for every person who voted in the election. After the close of the calendar year, the
14.23secretary of state shall determine if any registrants have not voted during the preceding
14.24four years. The secretary of state shall perform list maintenance by changing the status of
14.25those registrants to "inactive" in the statewide registration system. The list maintenance
14.26performed must be conducted in a manner that ensures that the name of each registered
14.27voter appears in the official list of eligible voters in the statewide registration system.
14.28A voter must not be removed from the official list of eligible voters unless the voter is
14.29not eligible or is not registered to vote. List maintenance must include procedures for
14.30eliminating duplicate names from the official list of eligible voters.
14.31    The secretary of state shall also prepare a report to the county auditor containing the
14.32names of all registrants whose status was changed to "inactive."
15.1    Registrants whose status was changed to "inactive" must register in the manner
15.2specified in section 201.054 before voting in any primary, special primary, general, school
15.3district, or special election, as required by section 201.018.
15.4    Although not counted in an election, a late or rejected absentee or mail ballot must
15.5be considered a vote for the purpose of continuing registration under this section, but is
15.6not considered voting history for the purpose of public information lists available under
15.7section 201.091, subdivision 4.

15.8    Sec. 13. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
15.9    Subd. 3. Procedures for polling place rosters. The secretary of state shall
15.10prescribe the form of polling place rosters that include the voter's name, address, date of
15.11birth, school district number, and space for the voter's signature. The secretary of state
15.12may prescribe additional election-related information to be placed on the polling place
15.13rosters on an experimental basis for one state primary and general election cycle; the same
15.14information may not be placed on the polling place roster for a second state primary and
15.15general election cycle unless specified in this subdivision. The polling place roster must
15.16be used to indicate whether the voter has voted in a given election. The secretary of state
15.17shall prescribe procedures for transporting the polling place rosters to the election judges
15.18for use on election day. The secretary of state shall prescribe the form for a county or
15.19municipality to request the date of birth from currently registered voters. The county or
15.20municipality shall not request the date of birth from currently registered voters by any
15.21communication other than the prescribed form and the form must clearly indicate that a
15.22currently registered voter does not lose registration status by failing to provide the date of
15.23birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
15.24polling place rosters used on the date of election for 22 36 months following the election.

15.25    Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
15.26    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
15.27subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
15.28any election may be submitted at any time not less than one day before the day of that
15.29election. The county auditor shall prepare absentee ballot application forms in the format
15.30provided by the secretary of state and shall furnish them to any person on request. By
15.31January 1 of each even-numbered year, the secretary of state shall make the forms to be
15.32used available to auditors through electronic means. An application submitted pursuant to
15.33this subdivision shall be in writing and shall be submitted to:
15.34    (1) the county auditor of the county where the applicant maintains residence; or
16.1    (2) the municipal clerk of the municipality, or school district if applicable, where
16.2the applicant maintains residence.
16.3    (b) An application shall be approved if it is timely received, signed and dated by the
16.4applicant, and contains: (1) the applicant's name and residence and mailing addresses,;
16.5(2) the applicant's date of birth, and at least one of the following:; (3) the applicant's
16.6Minnesota driver's license number or Minnesota state identification card number; and
16.7(4) the last four digits of the applicant's Social Security number or a statement that the
16.8applicant does not have a Social Security number.
16.9(1) the applicant's Minnesota driver's license number;
16.10(2) Minnesota state identification card number;
16.11(3) the last four digits of the applicant's Social Security number; or
16.12(4) a statement that the applicant does not have any of these numbers.
16.13To be approved, the application must state that the applicant is eligible to vote by
16.14absentee ballot for one of the reasons specified in section 203B.02, and must contain an
16.15oath that the information contained on the form is accurate, that the applicant is applying
16.16on the applicant's own behalf, and that the applicant is signing the form under penalty
16.17of perjury.
16.18Prior to approval, the county auditor or municipal clerk must verify that the
16.19Minnesota driver's license or state identification card number submitted by an applicant
16.20is valid and assigned to that applicant. An application that contains a driver's license
16.21or identification card number that is invalid or not assigned to the applicant must be
16.22rejected. The county auditor or municipal clerk must also verify that the applicant does
16.23not appear on any lists of known ineligible voters maintained by the county auditor or
16.24municipal clerk, or provided to the auditor or clerk by the secretary of state. When
16.25verifying eligibility, the county auditor or municipal clerk must use the same standards
16.26and process as used for individuals appearing in the polling place on election day, except
16.27that an applicant is not required to appear in person or present photo identification meeting
16.28the standards of section 204C.10, subdivision 2.
16.29(c) An applicant's full date of birth, Minnesota driver's license or state identification
16.30number, and the last four digits of the applicant's Social Security number must not be
16.31made available for public inspection. An application may be submitted to the county
16.32auditor or municipal clerk by an electronic facsimile device. An application mailed or
16.33returned in person to the county auditor or municipal clerk on behalf of a voter by a
16.34person other than the voter must be deposited in the mail or returned in person to the
16.35county auditor or municipal clerk within ten days after it has been dated by the voter and
16.36no later than six days before the election. The absentee ballot applications or a list of
17.1persons applying for an absentee ballot may not be made available for public inspection
17.2until the close of voting on election day.
17.3    An application under this subdivision may contain an application under subdivision
17.45 to automatically receive an absentee ballot application.

17.5    Sec. 15. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
17.6    Subd. 2. Health care patient. An eligible voter who on the day before an election
17.7becomes a resident or patient in a health care facility or hospital located in the municipality
17.8in which the eligible voter maintains residence may apply for absentee ballots on election
17.9day if the voter:
17.10(a) requests an application form by telephone from the municipal clerk not later than
17.115:00 p.m. on the day before election day; or
17.12(b) submits an absentee ballot application to the election judges engaged in
17.13delivering absentee ballots pursuant to section 203B.11.

17.14    Sec. 16. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
17.15    Subd. 5. Preservation of records. An application for absentee ballots shall be
17.16dated by the county auditor or municipal clerk when it is received and shall be initialed
17.17when absentee ballots are mailed or delivered to the applicant. All applications shall be
17.18preserved by the county auditor or municipal clerk for 22 36 months.

17.19    Sec. 17. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
17.20    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
17.21county, municipality, and school district with responsibility to accept and reject absentee
17.22ballots must, by ordinance or resolution, establish a ballot board. The board must consist
17.23of a sufficient number of election judges trained in the handling of absentee ballots and
17.24appointed as provided in sections 204B.19 to 204B.22. The board may include staff
17.25trained as election judges.
17.26(b) Each jurisdiction must pay a reasonable compensation to each member of that
17.27jurisdiction's ballot board for services rendered during an election.
17.28(c) A ballot board may only meet to perform its duties under this chapter during the
17.29period in which completed absentee ballots are accepted for an election. The time and
17.30place of each meeting must be scheduled, announced, and posted on the Web site of
17.31the governing body of the county, municipality, or school district at least 14 days prior
17.32to convening the first meeting of the ballot board for an election. Meetings of the ballot
17.33board must be convened every business day, at the same time and in the same location.
18.1The ballot board must also meet on any day during which the county or municipal offices
18.2are open for the purposes of conducting election business prior to an election. A ballot
18.3board may not meet except during regularly scheduled meetings announced and posted as
18.4required by this paragraph.
18.5(c) (d) Except as otherwise provided by this section, all provisions of the Minnesota
18.6Election Law apply to a ballot board.

18.7    Sec. 18. Minnesota Statutes 2010, section 204B.40, is amended to read:
18.8204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
18.9DISPOSITION; INSPECTION OF BALLOTS.
18.10The county auditors, municipal clerks, and school district clerks shall retain all
18.11election materials returned to them after any election for at least 22 36 months from
18.12the date of that election. All election materials involved in a contested election must be
18.13retained for 22 36 months or until the contest has been finally determined, whichever is
18.14later. Abstracts filed by canvassing boards shall be retained permanently by any officer
18.15with whom those abstracts are filed. Election materials no longer required to be retained
18.16pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.
18.17Sealed envelopes containing voted ballots must be retained unopened, except as provided
18.18in this section, in a secure location. The county auditor, municipal clerk, or school district
18.19clerk shall not permit any voted ballots to be tampered with or defaced.
18.20After the time for filing a notice of contest for an election has passed, the secretary
18.21of state may, for the purpose of monitoring and evaluating election procedures: (1)
18.22open the sealed ballot envelopes and inspect the ballots for that election maintained by
18.23the county auditors, municipal clerks, or school district clerks; (2) inspect the polling
18.24place rosters and completed voter registration applications; or (3) examine other forms
18.25required in the Minnesota election laws for use in the polling place. No inspected ballot or
18.26document may be marked or identified in any manner. After inspection, all ballots must be
18.27returned to the ballot envelope and the ballot envelope must be securely resealed. Any
18.28other election materials inspected or examined must be secured or resealed. No polling
18.29place roster may be inspected until the voting history for that precinct has been posted.
18.30No voter registration application may be inspected until the information on it has been
18.31entered into the statewide registration system.

18.32    Sec. 19. Minnesota Statutes 2010, section 204C.15, subdivision 1, is amended to read:
18.33    Subdivision 1. Physical assistance in marking ballots. A voter who claims a
18.34need for assistance because of inability to read English or physical inability to mark
19.1a ballot may obtain the aid of two election judges who are members of different major
19.2political parties. The election judges shall mark the ballots as directed by the voter and in
19.3as secret a manner as circumstances permit. If the voter is deaf or cannot speak English or
19.4understand it when it is spoken, the election judges may select two individuals who are
19.5members of different major political parties to provide assistance. The individuals shall
19.6assist the voter in marking the ballots. A voter in need of assistance may alternatively
19.7obtain the assistance of any individual the voter chooses. Only the following persons
19.8may not provide assistance to a voter: a candidate for election, the voter's employer, an
19.9agent of the voter's employer, an officer or agent of the voter's union, or a candidate for
19.10election or, unless the voter is DeafBlind, has a severe speech impediment which prevents
19.11communication, or otherwise is requested by the voter, any paid caregiver to the voter or
19.12agent of the paid caregiver. The person who assists the voter shall, unaccompanied by
19.13an election judge, retire with that voter to a booth and mark the ballot as directed by the
19.14voter. No person who assists another voter as provided in the preceding sentence shall
19.15mark the ballots of more than three voters at one election. Before the ballots are deposited,
19.16the voter may show them privately to an election judge to ascertain that they are marked
19.17as the voter directed. An election judge or other individual assisting a voter shall not in
19.18any manner request, persuade, induce, or attempt to persuade or induce the voter to vote
19.19for any particular political party or candidate. The election judges or other individuals
19.20who assist the voter shall not reveal to anyone the name of any candidate for whom the
19.21voter has voted or anything that took place while assisting the voter.

19.22    Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
19.23    Subdivision 1. Determination of proper number. The election judges shall
19.24determine the number of ballots to be counted by adding the number of return envelopes
19.25from accepted absentee ballots to the number of signed voter's certificates, or to the
19.26number of names entered in the election register counting the number of original voter
19.27signatures contained in the polling place roster, or on voter's receipts generated from an
19.28electronic roster. The election judges may not count the number of voter receipts collected
19.29in the precinct as a substitute for counting original voter signatures unless the voter
19.30receipts contain the name, voter identification number, and signature of the voter to whom
19.31the receipt was issued. The election judges shall then remove all the ballots from the box.
19.32Without considering how the ballots are marked, the election judges shall ascertain that
19.33each ballot is separate and shall count them to determine whether the number of ballots in
19.34the box corresponds with the number of ballots to be counted.

20.1    Sec. 21. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
20.2    Subd. 2. Excess ballots. If two or more ballots are found folded together like
20.3a single ballot, the election judges shall lay them aside until all the ballots in the box
20.4have been counted. If it is evident from the number of ballots to be counted that the
20.5ballots folded together were cast by one voter, the election judges shall preserve but not
20.6count them. If the number of ballots in one box exceeds the number to be counted, the
20.7election judges shall examine all the ballots in the box to ascertain that all are properly
20.8marked with the initials of the election judges. If any ballots are not properly marked with
20.9the initials of the election judges, the election judges shall preserve but not count them;
20.10however, if the number of ballots does not exceed the number to be counted, the absence
20.11of either or both sets of initials of the election judges does not, by itself, disqualify the
20.12vote from being counted and must not but may be the basis of a challenge in a recount.
20.13If there is still an excess of properly marked ballots, the election judges shall replace
20.14them in the box, and one election judge, without looking, shall withdraw from the box
20.15a number of ballots equal to the excess. The withdrawn ballots shall not be counted but
20.16shall be preserved as provided in subdivision 4.

20.17    Sec. 22. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
20.18    Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees
20.19with the number of ballots to be counted, those ballots not counted shall be clearly marked
20.20"excess" on the front of the ballot and attached to a certificate made by the election judges
20.21which states the number of ballots not counted and why the ballots they were not counted.
20.22The certificate and uncounted ballots shall be sealed in a separate envelope and returned
20.23to clearly marked "excess ballots." The election judges shall sign their names over the
20.24envelope seal and return the ballots to the county auditor or municipal or school district
20.25clerk from whom they were received. Tabulation of vote totals from a precinct where
20.26excess ballots were removed from the ballot box shall be completed by the canvassing
20.27board responsible for certifying the election results from that precinct.

20.28    Sec. 23. Minnesota Statutes 2010, section 204C.20, is amended by adding a
20.29subdivision to read:
20.30    Subd. 5. Applicability. The requirements of this section apply regardless of the
20.31voting system or method of tabulation used in a precinct.

20.32    Sec. 24. Minnesota Statutes 2010, section 204C.23, is amended to read:
20.33204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
21.1(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election
21.2judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and
21.3returned as required by section 204C.25.
21.4(b) A ballot that is defective to the extent that the election judges are unable to
21.5determine the voter's intent shall be marked on the back "Defective" if it is totally
21.6defective or "Defective as to ......," naming the office or question if it is defective only in
21.7part. Defective ballots must be placed in an envelope designated for defective ballots from
21.8the precinct, sealed, and returned as required by section 204C.25.
21.9(c) A damaged or defective ballot that requires duplication must be handled as
21.10required by section 206.86, subdivision 5.

21.11    Sec. 25. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
21.12    Subdivision 1. Information requirements. Precinct summary statements shall be
21.13submitted by the election judges in every precinct. For all elections, the election judges
21.14shall complete three or more copies of the summary statements, and each copy shall
21.15contain the following information for each kind of ballot:
21.16(a) the number of ballots delivered to the precinct as adjusted by the actual count
21.17made by the election judges, the number of unofficial ballots made, and the number of
21.18absentee ballots delivered to the precinct;
21.19(b) the number of votes each candidate received or the number of yes and no votes
21.20on each question, the number of undervotes, the number of overvotes, and the number of
21.21defective ballots with respect to each office or question;
21.22(c) the number of spoiled ballots, the number of duplicate ballots made, the number
21.23of absentee ballots rejected, and the number of unused ballots, presuming that the total
21.24count provided on each package of unopened prepackaged ballots is correct;
21.25(d) the number of ballots cast;
21.26(d) (e) the number of individuals who voted at the election in the precinct voter
21.27signatures contained on the polling place roster or on voter receipts generated by an
21.28electronic roster, which must equal the total number of ballots cast in the precinct, as
21.29required by sections 204C.20 and 206.86, subdivision 1;
21.30(f) the number of excess ballots removed by the election judges, as required by
21.31section 204C.20;
21.32(e) (g) the number of voters registering on election day in that precinct; and
21.33(f) (h) the signatures of the election judges who counted the ballots certifying that
21.34all of the ballots cast were properly piled, checked, and counted; and that the numbers
22.1entered by the election judges on the summary statements correctly show the number of
22.2votes cast for each candidate and for and against each question.
22.3At least two copies of the summary statement must be prepared for elections not
22.4held on the same day as the state elections.

22.5    Sec. 26. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
22.6    Subdivision 1. At the voting location Precinct polling locations; duties;
22.7reconciliation. In precincts where an electronic voting system is used, as soon as the polls
22.8are closed the election judges shall secure the voting systems against further voting. They
22.9shall then open the ballot box and count the number of ballot cards ballots or envelopes
22.10containing ballot cards that have been cast to determine that the number of ballot cards
22.11ballots does not exceed the number of voters shown on original voter signatures contained
22.12in the election register or registration file polling place roster or on voter receipts generated
22.13from an electronic roster. The election judges may not count the number of voter receipts
22.14collected in the precinct as a substitute for counting original voter signatures unless the
22.15voter receipts contain the name, voter identification number, and signature of the voter to
22.16whom the receipt was issued. If there is an excess, the judges shall seal the ballots in a
22.17ballot container and transport the container to the county auditor or municipal clerk who
22.18shall process the ballots in the same manner as paper ballots are processed in section
22.19204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the manner
22.20required for excess ballots under section 204C.20, subdivisions 2 to 4. The total number
22.21of voters must be entered on the forms provided. The judges shall next count the write-in
22.22votes and enter the number of those votes on forms provided for the purpose.

22.23    Sec. 27. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
22.24    Subd. 2. Transportation of ballot cards. The judges shall place all voted ballot
22.25cards, excess ballots, defective ballots, and damaged ballots in the container provided for
22.26transporting them to the counting center. The container must be sealed and delivered
22.27immediately to the counting center by two judges who are not of the same major political
22.28party. The judges shall also deliver to the counting center in a suitable container the
22.29unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued to
22.30the voters and deposited during the day in the ballot box.

22.31    Sec. 28. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
22.32    Subdivision 1. Manner; time; contents. Service of a notice of contest must be
22.33made in the same manner as the service of summons in civil actions. The notice of contest
23.1must specify the grounds on which the contest will be made. The contestant shall serve
23.2notice of the contest on the parties enumerated in this section. Notice must be served and
23.3filed within five days after the canvass is completed in the case of a primary or special
23.4primary or within seven days after the canvass is completed in the case of a special or
23.5general election; except that:
23.6(1) if a contest is based on a deliberate, serious, and material violation of the election
23.7laws which was discovered from the statements of receipts and disbursements required
23.8to be filed by candidates and committees, the action may be commenced and the notice
23.9served and filed within ten days after the filing of the statements in the case of a general
23.10or special election or within five days after the filing of the statements in the case of a
23.11primary or special primary.;
23.12(2) if a notice of contest questions only which party received the highest number
23.13of votes legally cast at the election, a contestee who loses may serve and file a notice of
23.14contest on any other ground during the three days following expiration of the time for
23.15appealing the decision on the vote count.; and
23.16(3) if data or documents necessary to determine grounds for a contest, including but
23.17not limited to lists of the names of every voter who participated in an election, are not
23.18available to a candidate or the general public prior to the close of the period for filing a
23.19notice of contest under this section due to nonfeasance, malfeasance, or failure to perform
23.20duties within the time required by statute on the part of the secretary of state, a county
23.21auditor, or other state, county, or municipal election official, a notice of contest may be
23.22served and filed within seven days after the data or documents become available for
23.23inspection by the candidates and the general public.

23.24    Sec. 29. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
23.25    Subdivision 1. Appointment of inspectors. After a contest has been instituted,
23.26either party may have the ballots all materials relating to the election, including but not
23.27limited to polling place rosters, voter registration applications, accepted absentee ballot
23.28envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct
23.29summary statements, printouts from voting machines, and precinct incident logs, inspected
23.30before preparing for trial. The party requesting an inspection shall file with the district
23.31court where the contest is brought a verified petition, stating that the case cannot properly
23.32be prepared for trial without an inspection of the ballots and designating the precincts in
23.33which an inspection is desired. A judge of the court in which the contest is pending shall
23.34then appoint as many sets of three inspectors for a contest of any office or question as are
23.35needed to count and inspect the ballots expeditiously. One inspector must be selected by
24.1each of the parties to the contest and a third must be chosen by those two inspectors. If
24.2either party neglects or refuses to name an inspector, the judge shall appoint the inspector.
24.3The compensation of inspectors is the same as for referees, unless otherwise stipulated.

24.4    Sec. 30. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
24.5    Subdivision 1. Soliciting near polling places. A person may not display campaign
24.6material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
24.7a polling place or within 100 feet of the building in which a polling place is situated,
24.8or anywhere on the public property on which a polling place is situated, on primary or
24.9election day to vote for or refrain from voting for a candidate or ballot question. A person
24.10may not provide political badges, political buttons, or other political insignia to be worn at
24.11or about the polling place on the day of a primary or election. A political badge, political
24.12button, or other political insignia may not be worn at or about the polling place on primary
24.13or election day if it is designed to influence voting for or against a particular candidate,
24.14political party, or question on the ballot at the election. This section applies to areas
24.15established by the county auditor or municipal clerk for absentee voting as provided in
24.16chapter 203B.
24.17The secretary of state, county auditor, municipal clerk, or school district clerk may
24.18provide stickers which contain the words "I VOTED" and nothing more. Election judges
24.19may offer a sticker of this type to each voter who has signed the polling place roster
24.20or a voter's receipt.

24.21    Sec. 31. REPEALER.
24.22(a) Minnesota Statutes 2010, sections 203B.04, subdivision 3; and 204B.36,
24.23subdivision 5, are repealed.
24.24(b) Minnesota Rules, parts 8200.0300; 8200.0800; 8200.1100; 8200.1200, subparts
24.251, 1b, 2, and 3; 8200.1700; 8200.1800; 8200.2100; 8200.2200; 8200.2500; 8200.2600;
24.268200.2700; 8200.2900; 8200.2950; 8200.3000; 8200.3100, subpart 1; 8200.3110;
24.278200.3200; 8200.3500; 8200.3550; 8200.3600; 8200.3700; 8200.3800, subpart 1;
24.288200.3900; 8200.4000; 8200.5100; 8200.5200; 8200.5300; 8200.5400; 8200.5500;
24.298200.5600; 8200.5800; 8200.6100; 8200.6200; 8200.6400; 8200.7100; 8200.7200;
24.308200.9115, subparts 1 and 3; 8200.9120; 8200.9300, subparts 7, 8, 9, 10, and 11;
24.318200.9305; 8200.9310, subparts 1, 2, 3, and 5; 8200.9315; 8200.9320; 8200.9325;
24.328200.9939; 8200.9940; 8200.9950; 8200.9960; 8205.1010; 8205.1020; 8205.1030;
24.338205.1040; 8205.1050; 8205.2000, subparts 1, 1a, 3, and 4; 8205.2010; 8205.2100,
24.34subpart 1; 8205.2110, subparts 1, 1a, 3, and 4; 8205.2120; 8210.0050; 8210.0100;
25.18210.0200, subpart 4; 8210.0225; 8210.0300; 8210.0500; 8210.0600, subparts 1, 1a, 1b,
25.22, and 3; 8210.0710; 8210.0720; 8210.0730; 8210.0800, subparts 3, 3a, and 4; 8210.1000;
25.38210.2000; 8210.2100; 8210.2200; 8210.2300; 8210.2400; 8210.2450; 8210.2500;
25.48210.2600; 8210.2700; 8210.3000, subparts 1, 2, 3, 4, 4a, 4b, 5, 6, 7, 8, 9, 10, 11, 12, and
25.513; 8220.0050; 8220.0150; 8220.0250, subparts 1, 1a, 3a, 3b, 4a, 5a, 5b, 11, 14, 15, 16,
25.618, 18a, 21, 22a, 22b, 24, 26, 28a, 30, 33, and 35; 8220.0325; 8220.0350; 8220.0450;
25.78220.0550; 8220.0650; 8220.0700; 8220.0750; 8220.0800; 8220.0825; 8220.0850;
25.88220.1050; 8220.1150; 8220.1350; 8220.1450; 8220.1550; 8220.1650; 8220.1750;
25.98220.1850; 8220.2050; 8220.2250; 8220.2850; 8220.2860; 8220.2865; 8230.0050;
25.108230.0150; 8230.0250; 8230.0560; 8230.0570; 8230.0580; 8230.0650; 8230.0850;
25.118230.1050; 8230.1130; 8230.1150, subparts 1 and 3; 8230.1350; 8230.1450; 8230.1850;
25.128230.1860; 8230.2010; 8230.2020; 8230.2030; 8230.2040; 8230.2050; 8230.2150;
25.138230.2250; 8230.2450; 8230.3450; 8230.3550; 8230.3560; 8230.3750, subparts 1, 2, 4,
25.14and 5; 8230.3850; 8230.3950; 8230.4050; 8230.4150; 8230.4325; 8230.4355; 8230.4360;
25.158230.4365; 8230.4370; 8230.4375; 8230.4380; 8230.4385; 8230.4390; 8230.4395;
25.168240.0100; 8240.0200; 8240.0300; 8240.1050; 8240.1100; 8240.1200; 8240.1300;
25.178240.1350; 8240.1400; 8240.1500; 8240.1600; 8240.1655, subparts 1, 2, 3, 4, and 6;
25.188240.1750; 8240.1800; 8240.1900; 8240.1950; 8240.2000; 8240.2100; 8240.2200;
25.198240.2300; 8240.2400; 8240.2500; 8240.2700; 8240.2800; 8240.2850; 8240.2900;
25.208250.0100; 8250.0200; 8250.0300; 8250.0350; 8250.0365; 8250.0370; 8250.0375;
25.218250.0385; 8250.0390; 8250.0395; 8250.0397; 8250.0398; 8250.0400; 8250.0500;
25.228250.0600; 8250.0700; 8250.0800; 8250.0900; 8250.1000; 8250.1100; 8250.1200;
25.238250.1600; and 8250.1810, are repealed.
25.24EFFECTIVE DATE.Paragraph (b) is effective May 21, 2012.


25.27    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a
25.28subdivision to read:
25.29    Subd. 12a. Polling place roster. "Polling place roster" means the official lists used
25.30to record a voter's appearance in a polling place on election day, including the list of
25.31registered voters in the precinct, and the list of voters registering on election day. A polling
25.32place roster may be in a printed or electronic format, as permitted by section 201.225.

25.33    Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
26.1    Subd. 3. Procedures for polling place rosters. The secretary of state shall
26.2prescribe the form of polling place rosters that include the voter's name, address, date of
26.3birth, school district number, and space for the voter's signature. A polling place roster
26.4provided in an electronic form must allow for a printed voter's receipt that meets the
26.5standards provided in section 201.225, subdivision 2. The secretary of state may prescribe
26.6additional election-related information to be placed on the polling place rosters on an
26.7experimental basis for one state primary and general election cycle; the same information
26.8may not be placed on the polling place roster for a second state primary and general
26.9election cycle unless specified in this subdivision. The polling place roster must be used
26.10to indicate whether the voter has voted in a given election. The secretary of state shall
26.11prescribe procedures for transporting the polling place rosters to the election judges
26.12for use on election day. The secretary of state shall prescribe the form for a county or
26.13municipality to request the date of birth from currently registered voters. The county or
26.14municipality shall not request the date of birth from currently registered voters by any
26.15communication other than the prescribed form and the form must clearly indicate that a
26.16currently registered voter does not lose registration status by failing to provide the date of
26.17birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
26.18polling place rosters used on the date of election for 22 36 months following the election.

26.19    Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
26.20    Subdivision 1. Requirement; certification of system. (a) Except as provided in
26.21paragraph (c), each precinct must have a secure electronic connection to the statewide
26.22voter registration system maintained by the secretary of state, to serve as the precinct's
26.23electronic polling place roster.
26.24(b) Precincts may not use an electronic roster until the secretary of state has certified
26.25that the secure electronic connection to the statewide voter registration system is sufficient
26.26to prevent any voter from voting more than once at an election and to prevent access to
26.27the system by unauthorized individuals.
26.28(c)(1) If the county auditor or municipal clerk certifies to the secretary of state that a
26.29precinct is unable to access the statewide connection, the precinct may use two computers
26.30connected together in the precinct as the electronic roster. At a minimum, computers used
26.31in a precinct that do not have a live connection to the statewide voter registration system
26.32must have a stored electronic roster of registered voters for that precinct.
26.33(2) Use of electronic rosters and the secure statewide connection is not required in a
26.34precinct with 100 or fewer registered voters.
27.1    Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic
27.2roster must:
27.3(1) be preloaded with data from the statewide voter registration system, including
27.4data on individuals known to be ineligible to vote;
27.5(2) permit all voting information processed by any computer in a precinct to be
27.6immediately accessible to all other computers at all other connected precincts in the state;
27.7(3) provide for a printed voter's receipt, containing the voter's name, address of
27.8residence, date of birth, voter identification number, the oath required by section 204C.10,
27.9and a space for the voter's original signature;
27.10(4) immediately alert the election judge if the statewide voter registration system
27.11indicates that a voter has already voted at the election in another polling place, is ineligible
27.12to vote, or the voter's registration status is challenged;
27.13(5) automatically accept and input data from a scanned Minnesota driver's license or
27.14identification card and match the data to an existing voter registration record, and permit
27.15manual input of voter data, if necessary; and
27.16(6) perform any other functions required for the efficient and secure administration
27.17of an election, as required by law.
27.18    Subd. 3. Costs. Costs to purchase and maintain electronic roster software, including
27.19costs associated with maintaining the necessary secure data connections to the statewide
27.20voter registration system, and the initial purchase of equipment shall be paid by the state.
27.21The commissioner of administration shall contract for and purchase the software and
27.22equipment necessary to implement the requirements of this section and chapter 206A and
27.23distribute it in a timely manner to each county auditor and municipal clerk responsible
27.24for overseeing elections in the state. Subsequent equipment maintenance and purchasing
27.25costs shall be paid by the county or municipality through cost savings generated by the use
27.26of electronic roster technology.

27.27    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
27.28    Subd. 2. Separate precincts; combined polling place. (a) The following shall
27.29constitute at least one election precinct:
27.30(1) each city ward; and
27.31(2) each town and each statutory city.
27.32(b) A single, accessible, combined polling place may be established no later than
27.33May 1 of any year:
27.34(1) for any city of the third or fourth class, any town, or any city having territory in
27.35more than one county, in which all the voters of the city or town shall cast their ballots;
28.1(2) for two contiguous precincts in the same municipality that have a combined
28.2total of fewer than 500 registered voters;
28.3(3) for up to four contiguous municipalities located entirely outside the metropolitan
28.4area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
28.5(4) for noncontiguous precincts located in one or more counties.
28.6A copy of the ordinance or resolution establishing a combined polling place must
28.7be filed with the county auditor within 30 days after approval by the governing body. A
28.8polling place combined under clause (3) must be approved by the governing body of each
28.9participating municipality. A polling place combined under clause (4) must be approved
28.10by the governing body of each participating municipality and the secretary of state and
28.11may be located outside any of the noncontiguous precincts. A municipality withdrawing
28.12from participation in a combined polling place must do so by filing a resolution of
28.13withdrawal with the county auditor no later than April 1 of any year.
28.14The secretary of state shall provide a separate polling place electronic roster
28.15connection for each precinct served by the combined polling place. A single set of election
28.16judges may be appointed to serve at a combined polling place. The number of election
28.17judges required must be based on the total number of persons voting at the last similar
28.18election in all precincts to be voting at the combined polling place. Separate ballot boxes
28.19must be provided for the ballots from each precinct. The results of the election must be
28.20reported separately for each precinct served by the combined polling place, except in a
28.21polling place established under clause (2) where one of the precincts has fewer than ten
28.22registered voters, in which case the results of that precinct must be reported in the manner
28.23specified by the secretary of state.

28.24    Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
28.25204C.10 PERMANENT REGISTRATION; VERIFICATION OF
28.26REGISTRATION.
28.27(a) An individual seeking to vote shall sign a polling place roster or printed voter's
28.28receipt, generated from an electronic roster which states that the individual is at least
28.2918 years of age, a citizen of the United States, has resided in Minnesota for 20 days
28.30immediately preceding the election, maintains residence at the address shown, is not
28.31under a guardianship in which the court order revokes the individual's right to vote, has
28.32not been found by a court of law to be legally incompetent to vote or has the right to vote
28.33because, if the individual was convicted of a felony, the felony sentence has expired or
28.34been completed or the individual has been discharged from the sentence, is registered
28.35and has not already voted in the election. The roster must also state: "I understand that
29.1deliberately providing false information is a felony punishable by not more than five years
29.2imprisonment and a fine of not more than $10,000, or both."
29.3(b) A judge may, before the applicant signs the roster or receipt, confirm the
29.4applicant's name, address, and date of birth.
29.5(c) In precincts where a paper roster is used, after the applicant signs the roster, the
29.6judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a
29.7voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the
29.8voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters'
29.9receipts must be maintained during the time for notice of filing an election contest for 36
29.10months following the date of the election.

29.11    Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
29.12    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
29.13individual who refuses to answer questions or sign a polling place roster or voter's receipt
29.14as required by this section must not be allowed to vote. A challenged individual who
29.15leaves the polling place and returns later willing to answer questions or sign a polling
29.16place roster or voter's receipt must not be allowed to vote.

29.17    Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
29.18    Subd. 2. Voter registration. An individual may register to vote at a special primary
29.19or special election at any time before the day that the polling place rosters for the special
29.20primary or special election are prepared finally secured by the secretary of state for the
29.21election. The secretary of state shall provide the county auditors with notice of this date
29.22at least seven days before the printing of the rosters are secured. This subdivision does
29.23not apply to a special election held on the same day as the state primary, state general
29.24election, or the regularly scheduled primary or general election of a municipality, school
29.25district, or special district.

29.26    Sec. 8. [206A.01] APPLICABILITY.
29.27This chapter applies to each designated election official who transmits election
29.28records via teleprocessing lines to a centralized electronic roster maintained by the
29.29secretary of state for the purpose of conducting an election and compiling complete returns.

29.30    Sec. 9. [206A.02] DEFINITIONS.
29.31    Subdivision 1. Definitions. The definitions in this section apply to this chapter.
30.1    Subd. 2. Designated election official. "Designated election official" means the
30.2county auditor or municipal clerk.
30.3    Subd. 3. Elector data. "Elector data" means voting information, including, but not
30.4limited to, voter registration, voting history, and voting tabulations.
30.5    Subd. 4. Electronic roster. "Electronic roster" is a list of eligible electors in
30.6electronic format who are permitted to vote at a polling place in an election conducted
30.7under the Minnesota election law, which shall be processed by a computer at a precinct to
30.8be immediately accessible to all other computers at all precincts in the county.
30.9    Subd. 5. Teleprocessing lines. "Teleprocessing lines" means secure, dedicated
30.10communication transmission facilities used for the purpose of transferring elector data
30.11between precincts and a centralized computerized roster maintained by the secretary of
30.12state, to ensure the security and integrity of voting information so that no deviation can
30.13go undetected.

30.14    Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY
30.15PROCEDURES.
30.16(a) The designated election official shall establish written security procedures
30.17covering the transference of precinct teleprocessing information. The procedures must
30.18include:
30.19(1) security covering the transmission of elector data processed through the
30.20electronic roster and reconciliation of the registration and history of voters casting ballots
30.21in a precinct; and
30.22(2) contingency procedures for network and power failure. The procedures must, at
30.23a minimum, include procedures to address all single point failures including:
30.24(i) network failure;
30.25(ii) power failure that lasts less than one hour; and
30.26(iii) power failure that lasts more than one hour.
30.27(b) Acceptable alternatives for addressing power or system failures include either:
30.28(1) a paper backup of the roster with the minimum information required to verify a
30.29voter's eligibility; or
30.30(2) a sufficient number of computers per precinct to ensure that the voter check-in
30.31continues in an efficient manner. The computers must have the ability to function on
30.32batteries or an external power source for up to two hours.
30.33(c) Each computer must have an electronic backup of the current roster in one of the
30.34following formats:
30.35(1) a portable document file (PDF);
31.1(2) a spreadsheet; or
31.2(3) a database with a basic look-up interface.
31.3In addition to acceptable backup roster procedures, the security procedures must
31.4address contingency procedures to protect against activities such as voting twice.

31.5    Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
31.6(a) The designated election official shall submit to the secretary of state evidence
31.7that the connection to an electronic roster is secure including details concerning encryption
31.8methodology. In addition, the electronic roster must meet or exceed the standards provided
31.9for in this section.
31.10(b) Proven, standard algorithms must be used as the basis for encryption
31.11technologies.
31.12(c) If an electronic roster utilizes a Virtual Private Network (VPN), the following
31.13apply:
31.14(1) it is the responsibility of the county to ensure that unauthorized users are not
31.15allowed access to internal networks;
31.16(2) VPN use is to be controlled using either a onetime password authentication such
31.17as a token device or a public/private key system with a strong passphrase;
31.18(3) when actively connected to the network, VPNs must force all traffic to and from
31.19the computer over the VPN tunnel and all other traffic must be dropped;
31.20(4) dual (split) tunneling is not permitted; only one network connection is allowed;
31.21(5) VPN gateways must be set up and managed by the county or its designee;
31.22(6) all computers connected to internal networks via VPN or any other technology
31.23must use up-to-date antivirus software; and
31.24(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

31.25    Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION
31.26REQUIREMENTS.
31.27    Subdivision 1. Standards. (a) The electronic roster system connection must contain
31.28enough bandwidth to handle the processing time, taking into account secured transaction
31.29method, for any computer on the system as follows:
31.30(1) a maximum of five seconds to update voter activity;
31.31(2) a maximum of 1.5 seconds to process a voter inquiry by identification number;
31.32and
31.33(3) a maximum of 45 seconds for session startup and password verification.
32.1(b) The designated election official shall include in the security plan the system data
32.2transfer requirements to completely process a single voter record. This must include at
32.3least the following:
32.4(1) the data stream information on both sending and receiving data for all points of
32.5the transaction until the transaction is complete;
32.6(2) information on all points where the connection is closed and the data stream
32.7released between the remote computer and the server; and
32.8(3) the proposed method of securing transmissions across public networks.
32.9(c) The designated election official shall submit in the security plan a detailed list of
32.10all precincts, with a proposed number of workstations connecting to the database and the
32.11proposed connection, including bandwidth and security, for each location.

32.12    Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING
32.13PROCEDURES.
32.14(a) The electronic roster application must be tested to ensure that it meets the
32.15minimum system requirements prior to the first election in which it is used. The
32.16application must also be tested after the implementation of any system modifications. The
32.17county shall indicate in the subsequent security plan whether such retesting has occurred.
32.18(b) The test must, at a minimum, include the following:
32.19(1) a load test must be demonstrated through either 60 percent of actual computers
32.20running at proposed bandwidth and security settings, or by simulating a load test;
32.21(2) a contingency/failure test must be demonstrated and documented illustrating the
32.22effects of failures identified in section 206A.03; and
32.23(3) all tests must be conducted with clients and servers in normal, typical, deployed
32.24operating mode.
32.25(c) All records and documentation of the testing must be retained by the designated
32.26election official for a period of 36 months as part of the election record. The testing record
32.27and documentation must include, but is not limited to, the following:
32.28(1) a formal test plan containing all test scripts used:
32.29(i) the test plan must include test environment containing make, model, type of
32.30hardware, and software versions used in testing; and
32.31(ii) the test plan must also include the number of client computers, servers, and
32.32physical locations involved in testing;
32.33(2) test logs of all events that were observed during testing, including:
32.34(i) the sequence of actions necessary to set up the tests;
32.35(ii) the actions necessary to start the tests;
33.1(iii) the actions taken during the execution of the tests;
33.2(iv) any measurements taken or observed during the tests;
33.3(v) any actions necessary to stop or shut down the tests;
33.4(vi) any actions necessary to bring the tests to a halt; and
33.5(vii) any actions necessary or taken to deal with anomalies experienced during
33.6testing;
33.7(3) performance logs and reports taken from both servers and workstations during
33.8the testing which contain performance information of:
33.9(i) network usage (bandwidth);
33.10(ii) processor utilization;
33.11(iii) Random Access Memory (RAM) utilization; and
33.12(iv) any additional performance monitoring reports necessary to explain the process
33.13taken and to support the findings of the tests; and
33.14(4) all test logs must contain date, time, operator, test status or outcome, and any
33.15additional information to assist the secretary in making a determination.

33.16    Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR A
33.17PRECINCT.
33.18    Subdivision 1. Requirement. Counties shall allocate computers to their precincts
33.19based upon the following minimum requirements. Voter registration numbers shall
33.20be calculated based upon the total number of registered voters in the county 90 days
33.21preceding the election. The minimum computers required shall be on site at each precinct.
33.22(1) Precincts with fewer than 500 registered voters shall be allocated a minimum
33.23of two computers, except that a precinct with fewer than 250 registered voters may
33.24allocate a single computer to the precinct so long as the county auditor or municipal clerk
33.25has established paper backup contingency procedures of the roster with the minimum
33.26information required to verify a voter's eligibility.
33.27(2) Precincts with 500 or more registered voters shall allocate a minimum of three
33.28computers to each precinct.
33.29    Subd. 2. Alternate plan. (a) A county auditor or municipal clerk may submit to the
33.30secretary of state an alternate plan establishing the number of computers allocated to each
33.31precinct. Such alternate plan shall establish the reason(s) for proposed computer allocation
33.32and provide statistical information based on historical voter turnout at each precinct and
33.33include other relevant information, as necessary.
33.34(b) In no event shall an alternate plan be submitted to the secretary of state unless
33.35the minimum amount of computers allocated by a county is equal to or greater than the
34.1minimum number of computers established in this section and there are no less than two
34.2computers allocated to each precinct except for the requirements established in this section.

34.3    Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.
34.4(a) Written procedures and reports required by this chapter must be submitted to the
34.5secretary of state for approval no later than 60 days before the election. The secretary of
34.6state shall either approve the procedures as submitted or notify the designated election
34.7official of recommended changes.
34.8(b) If the secretary of state rejects or approves the written procedures, the secretary
34.9of state shall provide written notice of the rejection or approval, including specifics of
34.10noncompliance with this chapter within 15 days of receiving the written procedures.
34.11(c) If the secretary of state rejects the written procedures, the designated election
34.12official shall submit a revised procedure within 15 days thereafter.
34.13(d) The secretary of state shall permit the filing of the revised procedures at a later
34.14date if it is determined that compliance with the 15-day requirement is impossible.

34.15    Sec. 16. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
34.16    Subdivision 1. Soliciting near polling places. A person may not display campaign
34.17material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
34.18a polling place or within 100 feet of the building in which a polling place is situated,
34.19or anywhere on the public property on which a polling place is situated, on primary or
34.20election day to vote for or refrain from voting for a candidate or ballot question. A person
34.21may not provide political badges, political buttons, or other political insignia to be worn
34.22at or about the polling place on the day of a primary or election. A political badge,
34.23political button, or other political insignia may not be worn at or about the polling place on
34.24primary or election day. This section applies to areas established by the county auditor or
34.25municipal clerk for absentee voting as provided in chapter 203B.
34.26The secretary of state, county auditor, municipal clerk, or school district clerk may
34.27provide stickers which contain the words "I VOTED" and nothing more. Election judges
34.28may offer a sticker of this type to each voter who has signed the polling place roster
34.29or a voter's receipt.

34.30    Sec. 17. APPROPRIATION.
34.31$...... is appropriated to the commissioner of administration for purposes of
34.32purchasing software and equipment as required by this article.
34.33EFFECTIVE DATE.This section is effective the day following final enactment.

35.1    Sec. 18. EFFECTIVE DATE.
35.2Except where otherwise provided, this article is effective June 1, 2012, and applies
35.3to elections held on or after that date.


35.6    Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
35.7204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES
35.8AGREE.
35.9    Subdivision 1. Errors of election judges. If the candidates for an office
35.10unanimously agree in writing that the election judges in any precinct have made an
35.11obvious error in the counting or recording of the votes for that office, they shall deliver the
35.12agreement to the county auditor of that county who shall reconvene the county canvassing
35.13board, if necessary, and present the agreement to it. The county canvassing board shall
35.14correct the error as specified in the agreement.
35.15    Subd. 2. Errors of county canvassing board. If the candidates for an office
35.16unanimously agree in writing that the county canvassing board has made an obvious error
35.17in the counting and recording of the vote for that office they shall notify the county auditor
35.18who shall reconvene the canvassing board. The county canvassing board shall promptly
35.19correct the error as specified in the agreement and file an amended report. When an error is
35.20corrected pursuant to this subdivision, the county canvassing board and the county auditor
35.21shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.
35.22    Subd. 3. Errors of State Canvassing Board. If the candidates for an office
35.23unanimously agree in writing that the State Canvassing Board has made an obvious error
35.24in the counting and recording of the vote for that office they shall deliver the agreement
35.25to the secretary of state. If a certificate of election has not been issued, the secretary of
35.26state shall reconvene the State Canvassing Board and present the agreement to it. The
35.27board shall promptly correct the error as specified in the agreement and file an amended
35.28statement. When an error is corrected pursuant to this subdivision by the State Canvassing
35.29Board, the State Canvassing Board and the secretary of state shall proceed in accordance
35.30with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

35.31    Sec. 2. [204E.01] APPLICABILITY.
35.32This chapter establishes procedures for the conduct of all automatic and discretionary
35.33recounts provided for in law.

36.1    Sec. 3. [204E.02] RECOUNT OFFICIALS.
36.2(a) The secretary of state or secretary of state's designee is the recount official for
36.3recounts conducted by the State Canvassing Board. The county auditor or auditor's
36.4designee is the recount official for recounts conducted by the county canvassing board.
36.5The county auditor or auditor's designee shall conduct recounts for county offices. The
36.6municipal clerk or clerk's designee is the recount official for recounts conducted by the
36.7municipal governing body. The school district clerk or clerk's designee is the recount
36.8official for recounts conducted by the school board, or by a school district canvassing
36.9board as provided in section 205A.10, subdivision 5.
36.10(b) A recount official may delegate the duty to conduct a recount to a county auditor
36.11or municipal clerk by mutual consent. When the person who would otherwise serve as
36.12recount official is a candidate or is the employee or other subordinate, spouse, child,
36.13parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling
36.14of a candidate for the office to be recounted, the appropriate canvassing board shall select
36.15a county auditor or municipal clerk from another jurisdiction to conduct the recount.
36.16(c) As used in this chapter, "legal adviser" means counsel to the recount official and
36.17the canvassing board for the office being recounted.

36.18    Sec. 4. [204E.03] SCOPE OF RECOUNTS.
36.19A recount conducted as provided in this chapter is limited in scope to the
36.20determination of the number of votes validly cast for the office to be recounted. Only the
36.21ballots cast in the election and the summary statements certified by the election judges
36.22may be considered in the recount process. Original ballots that have been duplicated
36.23under section 206.86, subdivision 5, are not within the scope of a recount and must not be
36.24examined except as provided by a court in an election contest under chapter 209.

36.25    Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
36.26    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
36.27between the votes cast for the candidates for nomination to a statewide federal office,
36.28state constitutional office, statewide judicial office, congressional office, state legislative
36.29office, or district judicial office:
36.30(1) is less than one-half of one percent of the total number of votes counted for
36.31that nomination; or
36.32(2) is ten votes or less and the total number of votes cast for the nomination is 400
36.33votes or less, and the difference determines the nomination, the canvassing board with
36.34responsibility for declaring the results for that office shall manually recount the vote.
37.1(b) In a state general election when the difference between the votes of a candidate
37.2who would otherwise be declared elected to a statewide federal office, state constitutional
37.3office, statewide judicial office, congressional office, state legislative office, or district
37.4judicial office and the votes of any other candidate for that office:
37.5(1) is less than one-half of one percent of the total number of votes counted for
37.6that office; or
37.7(2) is ten votes or less if the total number of votes cast for the office is 400 votes or
37.8less, the canvassing board shall manually recount the votes.
37.9(c) Time for notice of a contest for an office recounted under this section begins to
37.10run upon certification of the results of the recount by the canvassing board, or as otherwise
37.11provided in section 209.021.
37.12(d) A losing candidate may waive a recount required by this section by filing a
37.13written notice of waiver with the canvassing board.
37.14    Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was
37.15on the ballot for nomination or election to a statewide federal office, state constitutional
37.16office, statewide judicial office, congressional office, state legislative office, or district
37.17judicial office may request a recount in a manner provided in this section at the candidate's
37.18own expense when the vote difference is greater than the difference required by this
37.19section. The votes must be manually recounted as provided in this section if the candidate
37.20files a request during the time for filing notice of contest of the primary or election for
37.21which a recount is sought.
37.22(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
37.23an amount set by the filing officer for the payment of the recount expenses. The requesting
37.24candidate is responsible for the following expenses: the compensation of the secretary of
37.25state or designees, and any election judge, municipal clerk, county auditor, administrator,
37.26or other personnel who participate in the recount; necessary supplies and travel related to
37.27the recount; the compensation of the appropriate canvassing board and costs of preparing
37.28for the canvass of recount results; and any attorney fees incurred in connection with the
37.29recount by the governing body responsible for the recount.
37.30(c) The requesting candidate may provide the filing officer with a list of up to three
37.31precincts that are to be recounted first and may waive the balance of the recount after these
37.32precincts have been counted. If the candidate provides a list, the recount official must
37.33determine the expenses for those precincts in the manner provided by paragraph (b).
37.34(d) If the winner of the race is changed by the optional recount, the cost of the
37.35recount must be paid by the jurisdiction conducting the recount.
38.1(e) If a result of the vote counting in the manual recount is different from the result
38.2of the vote counting reported on election day by a margin greater than the standard for
38.3acceptable performance of voting systems provided in section 206.89, subdivision 4, the
38.4cost of the recount must be paid by the jurisdiction conducting the recount.

38.5    Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND
38.6MUNICIPAL ELECTIONS.
38.7    Subdivision 1. Required recounts. (a) Except as provided in paragraph (b), a
38.8losing candidate for nomination or election to a county, municipal, or school district office
38.9may request a recount of the votes cast for the nomination or election to that office if
38.10the difference between the vote cast for that candidate and for a winning candidate for
38.11nomination or election is less than one-half of one percent of the total votes counted for
38.12that office. In case of offices where two or more seats are being filled from among all the
38.13candidates for the office, the one-half of one percent difference is between the elected
38.14candidate with the fewest votes and the candidate with the most votes from among the
38.15candidates who were not elected.
38.16(b) A losing candidate for nomination or election to a county, municipal, or school
38.17district office may request a recount of the votes cast for nomination or election to that
38.18office if the difference between the vote cast for that candidate and for a winning candidate
38.19for nomination or election is ten votes or less, and the total number of votes cast for the
38.20nomination or election of all candidates is no more than 400. In cases of offices where two
38.21or more seats are being filled from among all the candidates for the office, the ten-vote
38.22difference is between the elected candidate with the fewest votes and the candidate with
38.23the most votes from among the candidates who were not elected.
38.24(c) Candidates for county offices shall file a written request for the recount with the
38.25county auditor. Candidates for municipal or school district offices shall file a written
38.26request with the municipal or school district clerk as appropriate. All requests must be
38.27filed during the time for notice of contest of the primary or election for which a recount
38.28is sought.
38.29(d) Upon receipt of a request made pursuant to this section, the county auditor
38.30shall recount the votes for a county office at the expense of the county, the governing
38.31body of the municipality shall recount the votes for a municipal office at the expense of
38.32the municipality, and the school board of the school district shall recount the votes for a
38.33school district office at the expense of the school district.
38.34    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
38.35or election to a county, municipal, or school district office may request a recount in the
39.1manner provided in this section at the candidate's own expense when the vote difference
39.2is greater than the difference required by subdivision 1, paragraphs (a) to (d). The votes
39.3must be manually recounted as provided in this section if the requesting candidate files
39.4with the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in
39.5an amount set by the governing body of the jurisdiction or the school board of the school
39.6district for the payment of the recount expenses.
39.7    (b) The requesting candidate may provide the filing officer with a list of up to three
39.8precincts that are to be recounted first and may waive the balance of the recount after these
39.9precincts have been counted. If the candidate provides a list, the recount official must
39.10determine the expenses for those precincts in the manner provided by this paragraph.
39.11    (c) If the winner of the race is changed by the optional recount, the cost of the
39.12recount must be paid by the jurisdiction conducting the recount.
39.13    (d) If a result of the vote counting in the manual recount is different from the result
39.14of the vote counting reported on election day by a margin greater than the standard for
39.15acceptable performance of voting systems provided in section 206.89, subdivision 4, the
39.16cost of the recount must be paid by the jurisdiction conducting the recount.
39.17    Subd. 3. Discretionary ballot question recounts. A recount may be conducted
39.18for a ballot question when the difference between the votes for and the votes against the
39.19question is less than or equal to the difference provided in subdivision 1. A recount may
39.20be requested by any person eligible to vote on the ballot question. A written request for a
39.21recount must be filed with the filing officer of the county, municipality, or school district
39.22placing the question on the ballot and must be accompanied by a petition containing the
39.23signatures of 25 voters eligible to vote on the question. Upon receipt of a written request
39.24when the difference between the votes for and the votes against the question is less than or
39.25equal to the difference provided in subdivision 1, the county auditor shall recount the votes
39.26for a county question at the expense of the county, the governing body of the municipality
39.27shall recount the votes for a municipal question at the expense of the municipality, and the
39.28school board of the school district shall recount the votes for a school district question at
39.29the expense of the school district. If the difference between the votes for and the votes
39.30against the question is greater than the difference provided in subdivision 1, the person
39.31requesting the recount shall also file with the filing officer of the county, municipality, or
39.32school district a bond, cash, or surety in an amount set by the appropriate governing body
39.33for the payment of recount expenses. The written request, petition, and any bond, cash,
39.34or surety required must be filed during the time for notice of contest for the election for
39.35which the recount is requested.
40.1    Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a
40.2discretionary recount, is responsible for the following expenses: the compensation of the
40.3secretary of state, or designees, and any election judge, municipal clerk, county auditor,
40.4administrator, or other personnel who participate in the recount; necessary supplies and
40.5travel related to the recount; the compensation of the appropriate canvassing board and
40.6costs of preparing for the canvass of recount results; and any attorney fees incurred in
40.7connection with the recount by the governing body responsible for the recount.
40.8    Subd. 5. Notice of contest. Except as otherwise provided in section 209.021, the
40.9time for notice of contest of a nomination or election to an office which is recounted
40.10pursuant to this section begins to run upon certification of the results of the recount by the
40.11appropriate canvassing board or governing body.

40.12    Sec. 7. [204E.06] NOTICE.
40.13Within 24 hours after determining that an automatic recount is required or within 48
40.14hours of receipt of a written request for a recount and filing of a security deposit if one is
40.15required, the official in charge of the recount shall send notice to the candidates for the
40.16office to be recounted and the county auditor of each county wholly or partially within
40.17the election district. The notice must include the date, starting time, and location of the
40.18recount, the office to be recounted, and the name of the official performing the recount.
40.19The notice must state that the recount is open to the public and, in case of an automatic
40.20recount, that the losing candidate may waive the recount.

40.21    Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.
40.22(a) The official who has custody of the voted ballots is responsible for keeping
40.23secure all election materials. Registration cards of voters who registered on election day
40.24may be processed as required by rule. All other election materials must be kept secure by
40.25precinct as returned by the election judges until all recounts have been completed and until
40.26the time for contest of election has expired.
40.27(b) Any candidate for an office to be recounted may have all materials relating
40.28to the election, including but not limited to polling place rosters, voter registration
40.29applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes,
40.30applications for absentee ballots, precinct summary statements, printouts from voting
40.31machines, and precinct incident logs inspected before the canvassing board may certify
40.32the results of the recount.

40.33    Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
41.1All recounts must be accessible to the public. In a multicounty recount the secretary
41.2of state may locate the recount in one or more of the election jurisdictions or at the site of
41.3the canvassing board. Each election jurisdiction where a recount is conducted shall make
41.4available, without charge to the recount official or body conducting the recount, adequate
41.5accessible space and all necessary equipment and facilities.

41.6    Sec. 10. [204E.09] GENERAL PROCEDURES.
41.7At the opening of a recount the recount official or legal adviser shall present the
41.8procedures contained in this section for the recount. The custodian of the ballots shall
41.9make available to the recount official the precinct summary statements, the precinct boxes
41.10or the sealed containers of voted ballots, and any other election materials requested by the
41.11recount official. If the recount official needs to leave the room for any reason, the recount
41.12official must designate a deputy recount official to preside during the recount official's
41.13absence. A recount official must be in the room at all times. The containers of voted ballots
41.14must be unsealed and resealed within public view. No ballots or election materials may be
41.15handled by candidates, their representatives, or members of the public. There must be an
41.16area of the room from which the public may observe the recount. Cell phones and video
41.17cameras may be used in this public viewing area, as long as their use is not disruptive. The
41.18recount official shall arrange the counting of the ballots so that the candidates and their
41.19representatives may observe the ballots as they are recounted. Candidates may each have
41.20one representative observe the sorting of each precinct. One additional representative per
41.21candidate may observe the ballots when they have been sorted and are being counted
41.22pursuant to section 204E.10. Candidates may have additional representatives in the public
41.23viewing area of the room. If other election materials are handled or examined by the
41.24recount officials, the candidates and their representatives may observe them. The recount
41.25official shall ensure that public observation does not interfere with the counting of the
41.26ballots. The recount official shall prepare a summary of the recount vote by precinct.

41.27    Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
41.28    Subdivision 1. Breaks in counting process. Recount officials may not take a break
41.29for a meal or for the day prior to the completion of the sorting, counting, review, and
41.30labeling of challenges, and secure storage of the ballots for any precinct. All challenged
41.31ballots must be stored securely during breaks in the counting process.
41.32    Subd. 2. Sorting ballots. Ballots must be recounted by precinct. The recount
41.33official shall open the sealed container of ballots and recount them in accordance with
41.34section 204C.22. The recount official must review each ballot and sort the ballots into
42.1piles based upon the recount official's determination as to which candidate, if any, the
42.2voter intended to vote for: one pile for each candidate that is the subject of the recount
42.3and one pile for all other ballots.
42.4    Subd. 3. Challenge. During the sorting, a candidate or candidate's representative
42.5may challenge the ballot if he or she disagrees with the recount official's determination of
42.6for whom the ballot should be counted and whether there are identifying marks on the
42.7ballot. At a recount of a ballot question, the manner in which a ballot is counted may
42.8be challenged by the person who requested the recount or that person's representative.
42.9Challenges may not be automatic or frivolous and the challenger must state the basis
42.10for the challenge pursuant to section 204C.22. Challenged ballots must be placed into
42.11separate piles, one for ballots challenged by each candidate. Only the canvassing board
42.12with responsibility to certify the results of the recount has the authority to declare a
42.13challenge to be "frivolous."
42.14    Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must
42.15count the piles using the stacking method described in section 204C.21. A candidate or
42.16candidate's representative may immediately request to have a pile of 25 counted a second
42.17time if there is not agreement as to the number of votes in the pile.
42.18    Subd. 5. Reviewing and labeling challenged ballots. After the ballots from
42.19a precinct have been counted, the recount official may review the challenged ballots
42.20with the candidate or the candidate's representative. The candidate's representative may
42.21choose to withdraw any challenges previously made. The precinct name, the reason
42.22for the challenge, and the name of the person challenging the ballot or the candidate
42.23that person represents, and a sequential number must be marked on the back of each
42.24remaining challenged ballot before it is placed in an envelope marked "Challenged
42.25Ballots." After the count of votes for the precinct has been determined, all ballots except
42.26the challenged ballots must be resealed in the ballot envelopes and returned with the other
42.27election materials to the custodian of the ballots. The recount official may make copies
42.28of the challenged ballots. After the count of votes for all precincts has been determined
42.29during that day of counting, the challenged ballot envelope must be sealed and kept secure
42.30for presentation to the canvassing board.

42.31    Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
42.32    Subdivision 1. Certification of results. The recount official shall present the
42.33summary statement of the recount and any challenged ballots to the canvassing board.
42.34The candidate or candidate's representative who made the challenge may present the
42.35basis for the challenge to the canvassing board. The canvassing board shall rule on the
43.1challenged ballots and incorporate the results into the summary statement. The canvassing
43.2board shall certify the results of the recount. Challenged ballots must be returned to the
43.3election official who has custody of the ballots.
43.4    Subd. 2. Tie votes. In case of a tie vote for nomination or election to an office, the
43.5canvassing board with the responsibility for declaring the results for that office shall
43.6determine the tie by lot.

43.7    Sec. 13. [204E.12] SECURITY DEPOSIT.
43.8When a bond, cash, or surety for recount expenses is required by section 204E.04
43.9or 204E.05, the governing body or recount official shall set the amount of the security
43.10deposit at an amount which will cover expected recount expenses. In multicounty districts,
43.11the secretary of state shall set the amount taking into consideration the expenses of the
43.12election jurisdictions in the district and the expenses of the secretary of state. The security
43.13deposit must be filed during the period for requesting an administrative recount. In
43.14determining the expenses of the recount, only the actual recount expenditures incurred
43.15by the recount official and the election jurisdiction in conducting the recount may be
43.16included. General office and operating costs may not be taken into account.

43.17    Sec. 14. REVISOR'S INSTRUCTION.
43.18Except where otherwise amended by this article, the revisor of statutes shall
43.19renumber each section of Minnesota Statutes listed in column A with the number listed in
43.20column B. The revisor shall make necessary cross-reference changes consistent with the
43.21renumbering.

43.22	Column A	Column B
43.23	204C.34	204E.11, subdivision 2
43.24	204C.35	204E.04
43.25	204C.36	204E.05

43.26    Sec. 15. REPEALER.
43.27Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361,
43.28and Minnesota Rules, parts 8235.0200; 8235.0300; 8235.0400; 8235.0600; 8235.0700;
43.298235.0800; 8235.1100; and 8235.1200, are repealed.

43.30    Sec. 16. EFFECTIVE DATE.
43.31This article is effective June 1, 2011, and applies to recounts conducted on or after
43.32that date."
44.1Amend the title accordingly