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


1.6    Section 1. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read:
1.7    Subdivision 1. Classifications. (a) The following government data of the
1.8Department of Public Safety are private data:
1.9(1) medical data on driving instructors, licensed drivers, and applicants for parking
1.10certificates and special license plates issued to physically disabled persons;
1.11(2) other data on holders of a disability certificate under section 169.345, except that
1.12data that are not medical data may be released to law enforcement agencies;
1.13(3) Social Security numbers in driver's license and motor vehicle registration
1.14records, except that Social Security numbers must be provided to the Department of
1.15Revenue for purposes of tax administration, the Department of Labor and Industry for
1.16purposes of workers' compensation administration and enforcement, and the Department
1.17of Natural Resources for purposes of license application administration; and
1.18(4) data on persons listed as standby or temporary custodians under section 171.07,
1.19subdivision 11 , except that the data must be released to:
1.20(i) law enforcement agencies for the purpose of verifying that an individual is a
1.21designated caregiver; or
1.22(ii) law enforcement agencies who state that the license holder is unable to
1.23communicate at that time and that the information is necessary for notifying the designated
1.24caregiver of the need to care for a child of the license holder; and
2.1(5) data on applicants for a Minnesota voter identification card under section 171.07,
2.2subdivision 3b, except that the data may be released to a government entity or a court
2.3for purposes of carrying out its functions.
2.4The department may release the Social Security number only as provided in clause
2.5(3) and must not sell or otherwise provide individual Social Security numbers or lists of
2.6Social Security numbers for any other purpose.
2.7(b) The following government data of the Department of Public Safety are
2.8confidential data: data concerning an individual's driving ability when that data is received
2.9from a member of the individual's family.

2.10    Sec. 2. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision
2.11to read:
2.12    Subd. 3b. Voter identification cards. (a) The Department of Public Safety shall
2.13provide a Minnesota voter identification card to any applicant who is eligible to vote
2.14in Minnesota and who does not possess a valid Minnesota driver's license or state
2.15identification card. The department may not require the applicant to pay a fee for issuance
2.16of a card. A state-subsidized voter identification card may only be applied for at a
2.17driver's licensing facility operated by the Division of Driver and Vehicle Services. Upon
2.18application for a state-subsidized voter identification card, including upon application
2.19for a renewal, duplicate card, or when a new card is required as a result of a change of
2.20address, an applicant must present verification that the applicant is at least 18 years of
2.21age, is a citizen of the United States, and will have maintained residence in Minnesota for
2.22at least 20 days immediately preceding the next election.
2.23(b) A voter identification card must bear a distinguishing number assigned to the
2.24applicant; a colored photograph or an electronically produced image of the applicant; the
2.25applicant's full name and date of birth; the applicant's address of residence; a description
2.26of the applicant in the manner as the commissioner deems necessary; and the usual
2.27signature of the applicant.
2.28(c) A voter identification card shall not be valid identification for purposes unrelated
2.29to voting in Minnesota.
2.30(d) A voter identification card must be of a different color scheme than a Minnesota
2.31drivers license or state identification card, but must incorporate the same information and
2.32security features as provided in subdivision 9.
2.33(e) Each voter identification card must be plainly marked: "Voter Identification –
2.34Not a driver's license. Valid Identification Only for Voting."

3.1    Sec. 3. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:
3.2    Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision,
3.3the expiration date of Minnesota identification cards and voter identification cards of
3.4applicants under the age of 65 shall be the birthday of the applicant in the fourth year
3.5following the date of issuance of the card.
3.6(b) Minnesota identification cards and voter identification cards issued to applicants
3.7age 65 or over shall be valid for the lifetime of the applicant.
3.8(c) The expiration date for an Under-21 identification card is the cardholder's 21st
3.9birthday. The commissioner shall issue an identification card to a holder of an Under-21
3.10identification card who applies for the card, pays the required fee, and presents proof of
3.11identity and age, unless the commissioner determines that the applicant is not qualified
3.12for the identification card.

3.13    Sec. 4. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:
3.14    Subd. 9. Improved security. The commissioner shall develop new Drivers'
3.15licenses, and identification cards, to be issued beginning January 1, 1994, that and voter
3.16identification cards must be as impervious to alteration as is reasonably practicable in their
3.17design and quality of material and technology. The driver's license security laminate
3.18shall be made from materials not readily available to the general public. The design and
3.19technology employed must enable the driver's license and identification card to be subject
3.20to two or more methods of visual verification capable of clearly indicating the presence
3.21of tampering or counterfeiting. The driver's license and identification card must not be
3.22susceptible to reproduction by photocopying or simulation and must be highly resistant
3.23to data or photograph substitution and other tampering.

3.24    Sec. 5. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
3.25The following are sufficient proof of identity and residence for purposes of election
3.26day voter registration under section 201.061, subdivision 3, and for determining whether
3.27to count a provisional ballot under section 204C.135, subdivision 2:
3.28(1) a current, valid driver's license, state identification card, or voter identification
3.29card issued to the voter by the Department of Public Safety that contains the voter's current
3.30address of residence in the precinct;
3.31(2) an identification card issued to the voter by the tribal government of a tribe
3.32recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the
3.33voter's current address of residence in the precinct, and any other items of data required to
4.1be contained on a Minnesota identification card, as provided in section 171.07, subdivision
4.23, paragraphs (a) and (b);
4.3(3) an original receipt for a new, renewed, or updated driver's license, state
4.4identification card, or voter identification card issued to the voter under section 171.07
4.5that contains the voter's current address of residence in the precinct along with one of the
4.6following documents, provided that it contains a photograph of the voter:
4.7(i) a driver's license or identification card that is expired, invalidated, or does
4.8not contain the voter's current address of residence, issued to the voter by the state of
4.9Minnesota or any other state or territory of the United States;
4.10(ii) a United States passport, issued to the voter;
4.11(iii) an identification card issued by a branch, department, agency, entity, or
4.12subdivision of Minnesota or the federal government;
4.13(iv) an identification card issued by an accredited postsecondary institution with
4.14a campus located within Minnesota, if a list of students from that institution has been
4.15prepared under section 135A.17 and certified to the county auditor in the manner provided
4.16in rules of the secretary of state; or
4.17(v) an identification card issued to the voter by the tribal government of a tribe
4.18recognized by the Bureau of Indian Affairs;
4.19(4) if the voter is a student, a driver's license or identification card issued by
4.20Minnesota or any other state or territory of the United States that does not contain
4.21the voter's current address of residence, along with a current student fee statement that
4.22contains the student's valid address of residence in the precinct; or
4.23(5) if the voter resides in a shelter facility designated for battered women, as defined
4.24in section 611A.37, subdivision 4, a driver's license or identification card issued to the
4.25voter by the Department of Public Safety that contains the voter's photograph and address
4.26of residence prior to seeking the services of the shelter facility, along with a certification
4.27of residence in the facility, signed by the facility's administrator on a form prescribed
4.28by the secretary of state.

4.29    Sec. 6. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD
4.30ACCOUNT.
4.31A state-subsidized voter identification card account is established in the special
4.32revenue fund. Money in the account shall be appropriated by law to the Department
4.33of Public Safety for purposes of providing state-subsidized voter identification cards
4.34to individuals qualifying under this section 171.07, subdivision 3b, provided that
4.35the department may not be reimbursed more than $....... for each card issued. The
5.1commissioner of public safety must report to the legislature at least monthly by county
5.2on expenditure of funds from this account. A report of the total expenditures by county
5.3must be submitted to the members of the house and senate committees with oversight
5.4in elections by January 31 of each year.

5.5    Sec. 7. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
5.6    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
5.7register on election day by appearing in person at the polling place for the precinct in
5.8which the individual maintains residence, by completing a registration application, making
5.9an oath in the form prescribed by the secretary of state and providing proof of identity and
5.10residence. An individual may prove identity and residence for purposes of registering by:
5.11presenting documentation as permitted by section 200.035.
5.12    (1) presenting a driver's license or Minnesota identification card issued pursuant
5.13to section 171.07;
5.14    (2) presenting any document approved by the secretary of state as proper
5.15identification;
5.16    (3) presenting one of the following:
5.17    (i) a current valid student identification card from a postsecondary educational
5.18institution in Minnesota, if a list of students from that institution has been prepared under
5.19section 135A.17 and certified to the county auditor in the manner provided in rules of
5.20the secretary of state; or
5.21    (ii) a current student fee statement that contains the student's valid address in the
5.22precinct together with a picture identification card; or
5.23    (4) having a voter who is registered to vote in the precinct, or who is an employee
5.24employed by and working in a residential facility in the precinct and vouching for a
5.25resident in the facility, sign an oath in the presence of the election judge vouching that the
5.26voter or employee personally knows that the individual is a resident of the precinct. A
5.27voter who has been vouched for on election day may not sign a proof of residence oath
5.28vouching for any other individual on that election day. A voter who is registered to vote in
5.29the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
5.30does not apply to an employee of a residential facility described in this clause. The
5.31secretary of state shall provide a form for election judges to use in recording the number
5.32of individuals for whom a voter signs proof-of-residence oaths on election day. The
5.33form must include space for the maximum number of individuals for whom a voter may
5.34sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
5.35a statement that the voter is registered to vote in the precinct, personally knows that the
6.1individual is a resident of the precinct, and is making the statement on oath. The form must
6.2include a space for the voter's printed name, signature, telephone number, and address.
6.3    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
6.4attached to the voter registration application.
6.5    (b) The operator of a residential facility shall prepare a list of the names of its
6.6employees currently working in the residential facility and the address of the residential
6.7facility. The operator shall certify the list and provide it to the appropriate county auditor
6.8no less than 20 days before each election for use in election day registration.
6.9    (c) "Residential facility" means transitional housing as defined in section 256E.33,
6.10subdivision 1 ; a supervised living facility licensed by the commissioner of health under
6.11section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
6.125 ; a residence registered with the commissioner of health as a housing with services
6.13establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
6.14the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
6.15licensed by the commissioner of human services to provide a residential program as
6.16defined in section 245A.02, subdivision 14; a residential facility for persons with a
6.17developmental disability licensed by the commissioner of human services under section
6.18252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
6.19for battered women as defined in section 611A.37, subdivision 4; or a supervised
6.20publicly or privately operated shelter or dwelling designed to provide temporary living
6.21accommodations for the homeless.
6.22    (d) For tribal band members, an individual may prove residence for purposes of
6.23registering by:
6.24    (1) presenting an identification card issued by the tribal government of a tribe
6.25recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
6.26contains the name, address, signature, and picture of the individual; or
6.27    (2) presenting an identification card issued by the tribal government of a tribe
6.28recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
6.29contains the name, signature, and picture of the individual and also presenting one of the
6.30documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
6.31    (e) (b) A county, school district, or municipality may must require that an election
6.32judge responsible for election day registration initial sign each completed registration
6.33application.

6.34    Sec. 8. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
7.1    Subd. 3. Procedures for polling place rosters. The secretary of state shall
7.2prescribe the form of polling place rosters that include the voter's name, address, date of
7.3birth, school district number, and space for the voter's signature. The address listed on
7.4the polling place roster must be the voter's address of residence, unless the voter has
7.5requested that the address printed on the roster be the voter's mailing address because
7.6the voter is a judge, or a law enforcement or corrections officer. The secretary of state
7.7may prescribe additional election-related information to be placed on the polling place
7.8rosters on an experimental basis for one state primary and general election cycle; the same
7.9information may not be placed on the polling place roster for a second state primary and
7.10general election cycle unless specified in this subdivision. The polling place roster must
7.11be used to indicate whether the voter has voted in a given election. The secretary of state
7.12shall prescribe procedures for transporting the polling place rosters to the election judges
7.13for use on election day. The secretary of state shall prescribe the form for a county or
7.14municipality to request the date of birth from currently registered voters. The county or
7.15municipality shall not request the date of birth from currently registered voters by any
7.16communication other than the prescribed form and the form must clearly indicate that a
7.17currently registered voter does not lose registration status by failing to provide the date of
7.18birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
7.19polling place rosters used on the date of election for 22 months following the election.

7.20    Sec. 9. Minnesota Statutes 2010, section 204C.10, is amended to read:
7.21204C.10 PERMANENT REGISTRATION; VERIFICATION OF
7.22REGISTRATION.
7.23    Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a
7.24polling place roster which states that the individual is at least 18 years of age, a citizen
7.25of the United States, has resided in Minnesota for 20 days immediately preceding the
7.26election, maintains residence at the address shown, is not under a guardianship in which
7.27the court order revokes the individual's right to vote, has not been found by a court of
7.28law to be legally incompetent to vote or has the right to vote because, if the individual
7.29was convicted of a felony, the felony sentence has expired or been completed or the
7.30individual has been discharged from the sentence, is registered and has not already voted
7.31in the election. The roster must also state: "I understand that deliberately providing false
7.32information is a felony punishable by not more than five years imprisonment and a fine of
7.33not more than $10,000, or both."
7.34(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the
7.35voter to present a photo identification document, as described in subdivision 2; and (2)
8.1confirm the applicant's name, address, and date of birth. A voter who cannot produce
8.2sufficient identification as required by subdivision 2 may not sign the polling place roster,
8.3but may cast a provisional ballot, as provided in section 204C.135.
8.4(c) After the applicant signs the roster, the judge shall give the applicant a voter's
8.5receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
8.6of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
8.7voters' receipts must be maintained during the time for notice of filing an election contest
8.8for 36 months following the date of the election.
8.9    Subd. 2. Photo identification. (a) To satisfy the photo identification requirement
8.10in subdivision 1, a voter must present a valid form of one of the following documents
8.11or sets of documents, issued to the voter:
8.12(1) a Minnesota driver's license state identification card, or voter identification card
8.13issued under section 171.07 that contains the voter's current address of residence in the
8.14precinct;
8.15(2)(i) an original receipt for a new, renewed, or updated driver's license, state
8.16identification card, or voter identification card issued to the voter under section 171.07 that
8.17contains the voter's current address of residence in the precinct; and
8.18(ii) a driver's license or identification card that is expired, invalidated, or does not
8.19contain the voter's current address of residence in the precinct, issued to the voter by the
8.20state of Minnesota or any other state or territory of the United States;
8.21(3) an identification card issued by the tribal government of a tribe recognized
8.22by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's
8.23current address of residence in the precinct, and any other items of data required to be
8.24contained on a Minnesota identification card, as provided in section 171.07, subdivision 3,
8.25paragraphs (a) and (b); or
8.26(4) if the voter resides in a shelter facility designated for battered women, as defined
8.27in section 611A.37, subdivision 4, a driver's license or identification card issued to the
8.28voter by the Department of Public Safety that contains the voter's photograph and address
8.29of residence prior to seeking the services of the shelter facility, along with a certification
8.30of residence in the facility, signed by the facility's administrator on a form prescribed
8.31by the secretary of state.
8.32(b) An identification card presented under this section is not deficient for a lack of
8.33the voter's current address of residence in the precinct if the identification card contains the
8.34mailing address of the voter and that matches the address listed on the polling place roster.

8.35    Sec. 10. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
9.1    Subd. 3. Determination of residence. In determining the legal residence of a
9.2challenged individual, the election judges shall be governed by the principles contained in
9.3section 200.031. If the challenged individual's answers to the questions show ineligibility
9.4to vote in that precinct, the individual shall not be allowed to vote. If the individual has
9.5marked ballots but not yet deposited them in the ballot boxes before the election judges
9.6determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
9.7with the spoiled ballots. If the answers to the questions fail to show that the individual is
9.8not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
9.9shall verbally administer the oath on the voter certificate to the individual. After taking the
9.10oath and completing and signing the voter certificate, the challenged individual shall be
9.11allowed to vote permit the voter to cast a provisional ballot, in the manner provided in
9.12section 204C.135.

9.13    Sec. 11. [204C.135] PROVISIONAL BALLOTS.
9.14    Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to
9.15vote are entitled to cast a provisional ballot in the manner provided by this section:
9.16(1) a voter who is unable to provide proper photo identification as required by
9.17section 204C.10;
9.18(2) a voter whose registration status is listed as "challenged" on the polling place
9.19roster; and
9.20(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
9.21(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
9.22and complete a provisional ballot envelope. The envelope must contain a space for the
9.23voter to list the voter's name, address of residence, date of birth, voter identification
9.24number, and any other information prescribed by the secretary of state. The voter must
9.25also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
9.26in the same election, and meets the criteria for registering to vote in the precinct in which
9.27the voter appears.
9.28Once the voter has completed the provisional ballot envelope, the voter must be
9.29allowed to cast a provisional ballot. The provisional ballot must be in the same form
9.30as the official ballot available in the precinct on election day. A completed provisional
9.31ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
9.32the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
9.33provisional ballot box. Completed provisional ballots may not be combined with other
9.34voted ballots in the polling place.
10.1(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
10.2the secretary of state. The provisional ballot envelope must be a color other than that
10.3provided for absentee ballot envelopes and must be prominently labeled "Provisional
10.4Ballot Envelope."
10.5(d) Provisional ballots and related documentation shall be delivered to and securely
10.6maintained by the county auditor or municipal clerk in the same manner as required for
10.7other election materials under sections 204C.27 to 204C.28.
10.8    Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
10.9the polling place may personally appear before the county auditor or municipal clerk no
10.10later than seven calendar days following the election to prove that the voter's provisional
10.11ballot should be counted. The county auditor or municipal clerk must count a provisional
10.12ballot in the final certified results from the precinct if:
10.13(1) the statewide voter registration system indicates that the voter is eligible to vote
10.14or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
10.15(2) the voter presents proof of identity and residence in the precinct in the manner
10.16permitted by section 200.035.
10.17(b) If a voter does not appear before the county auditor or municipal clerk within
10.18seven calendar days following the election or otherwise does not satisfy the requirements
10.19of paragraph (a), or if the data listed on the items of identification presented by the voter
10.20does not match the data submitted by the voter on the provisional ballot envelope, the
10.21voter's provisional ballot must not be counted.
10.22(c) The county auditor or municipal clerk must notify, in writing, any provisional
10.23voter who does not appear within seven calendar days of the election that the voter's
10.24provisional ballot was not counted because of the voter's failure to appear before the
10.25county auditor or municipal clerk within the time permitted by law to determine whether
10.26the provisional ballot should be counted.
10.27    Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
10.28ballots in the final vote totals from a precinct, the county auditor must verify that the
10.29number of signatures appearing on the provisional ballot roster from that precinct is equal
10.30to or greater than the number of accepted provisional ballots submitted by voters in
10.31the precinct on election day. Any discrepancy must be resolved before the provisional
10.32ballots from the precinct may be counted. Excess provisional ballots must be randomly
10.33withdrawn in the manner required by section 204C.20, subdivision 2, after the period for a
10.34voter to appear to prove residence and identity has expired and the ballots to be counted
10.35have been separated from the provisional ballot envelopes.

11.1    Sec. 12. Minnesota Statutes 2010, section 204C.14, is amended to read:
11.2204C.14 UNLAWFUL VOTING; PENALTY.
11.3No individual shall intentionally:
11.4(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot
11.5in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be
11.6counted, or attempting to vote by means of a voting machine or electronic voting system;
11.7(b) vote more than once at the same election;
11.8(c) put a ballot in a ballot box for any illegal purpose;
11.9(d) give more than one ballot of the same kind and color to an election judge to
11.10be placed in a ballot box;
11.11(e) aid, abet, counsel or procure another to go into any precinct for the purpose
11.12of voting in that precinct, knowing that the other individual is not eligible to vote in
11.13that precinct; or
11.14(f) aid, abet, counsel or procure another to do any act in violation of this section.
11.15A violation of this section is a felony.

11.16    Sec. 13. Minnesota Statutes 2010, section 204C.32, is amended to read:
11.17204C.32 CANVASS OF STATE PRIMARIES.
11.18    Subdivision 1. County canvass. The county canvassing board shall meet at the
11.19county auditor's office on the third eighth day following the state primary. After taking the
11.20oath of office, the canvassing board shall publicly canvass the election returns delivered
11.21to the county auditor. The board shall complete the canvass on the third eighth day
11.22following the state primary and shall promptly prepare and file with the county auditor
11.23a report that states:
11.24(a) the number of individuals voting at the election in the county, and in each
11.25precinct;
11.26(b) the number of individuals registering to vote on election day and the number of
11.27individuals registered before election day in each precinct;
11.28(c) for each major political party, the names of the candidates running for each
11.29partisan office and the number of votes received by each candidate in the county and in
11.30each precinct;
11.31(d) the names of the candidates of each major political party who are nominated; and
11.32(e) the number of votes received by each of the candidates for nonpartisan office in
11.33each precinct in the county and the names of the candidates nominated for nonpartisan
11.34office.
12.1Upon completion of the canvass, the county auditor shall mail or deliver a notice of
12.2nomination to each nominee for county office voted for only in that county. The county
12.3auditor shall transmit one of the certified copies of the county canvassing board report
12.4for state and federal offices to the secretary of state by express mail or similar service
12.5immediately upon conclusion of the county canvass. The secretary of state shall mail a
12.6notice of nomination to each nominee for state or federal office.
12.7    Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of
12.8State's Office seven 14 days after the state primary to canvass the certified copies of the
12.9county canvassing board reports received from the county auditors. Immediately after
12.10the canvassing board declares the results, the secretary of state shall certify the names of
12.11the nominees to the county auditors. The secretary of state shall mail to each nominee
12.12a notice of nomination.

12.13    Sec. 14. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
12.14    Subdivision 1. County canvass. The county canvassing board shall meet at the
12.15county auditor's office between the third eighth and tenth 14th days following the state
12.16general election. After taking the oath of office, the board shall promptly and publicly
12.17canvass the general election returns delivered to the county auditor. Upon completion of
12.18the canvass, the board shall promptly prepare and file with the county auditor a report
12.19which states:
12.20(a) the number of individuals voting at the election in the county and in each precinct;
12.21(b) the number of individuals registering to vote on election day and the number of
12.22individuals registered before election day in each precinct;
12.23(c) the names of the candidates for each office and the number of votes received by
12.24each candidate in the county and in each precinct;
12.25(d) the number of votes counted for and against a proposed change of county lines
12.26or county seat; and
12.27(e) the number of votes counted for and against a constitutional amendment or other
12.28question in the county and in each precinct.
12.29The result of write-in votes cast on the general election ballots must be compiled by
12.30the county auditor before the county canvass, except that write-in votes for a candidate for
12.31federal, state, or county office must not be counted unless the candidate has timely filed a
12.32request under section 204B.09, subdivision 3. The county auditor shall arrange for each
12.33municipality to provide an adequate number of election judges to perform this duty or the
12.34county auditor may appoint additional election judges for this purpose. The county auditor
12.35may open the envelopes or containers in which the voted ballots have been sealed in order
13.1to count and record the write-in votes and must reseal the voted ballots at the conclusion
13.2of this process. The county auditor must prepare a separate report of votes received by
13.3precinct for write-in candidates for federal, state, and county offices who have requested
13.4under section 204B.09 that votes for those candidates be tallied.
13.5Upon completion of the canvass, the county canvassing board shall declare the
13.6candidate duly elected who received the highest number of votes for each county and state
13.7office voted for only within the county. The county auditor shall transmit a certified
13.8copy of the county canvassing board report for state and federal offices to the secretary
13.9of state by messenger, express mail, or similar service immediately upon conclusion of
13.10the county canvass.

13.11    Sec. 15. Minnesota Statutes 2010, section 204C.37, is amended to read:
13.12204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
13.13STATE.
13.14A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
13.15subdivision 1 , shall be certified under the official seal of the county auditor. The copy shall
13.16be enclosed in an envelope addressed to the secretary of state, with the county auditor's
13.17name and official address and the words "Election Returns" endorsed on the envelope.
13.18The copy of the canvassing board report and the precinct summary statements must be
13.19sent by express mail or delivered to the secretary of state. If the copy is not received by
13.20the secretary of state within ten days following the applicable election a primary election,
13.21or within 16 days following a general election, the secretary of state shall immediately
13.22notify the county auditor, who shall deliver another copy to the secretary of state by
13.23special messenger.

13.24    Sec. 16. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
13.25    Subd. 5. Results. The municipal primary shall be conducted and the returns made in
13.26the manner provided for the state primary so far as practicable. On the third eighth day
13.27after the primary, the governing body of the municipality shall canvass the returns, and the
13.28two candidates for each office who receive the highest number of votes, or a number of
13.29candidates equal to twice the number of individuals to be elected to the office, who receive
13.30the highest number of votes, shall be the nominees for the office named. Their names shall
13.31be certified to the municipal clerk who shall place them on the municipal general election
13.32ballot without partisan designation and without payment of an additional fee.

13.33    Sec. 17. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
14.1    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
14.2Between the third eighth and tenth 14th days after an election, the governing body of a
14.3city conducting any election including a special municipal election, or the governing body
14.4of a town conducting the general election in November shall act as the canvassing board,
14.5canvass the returns, and declare the results of the election. The governing body of a town
14.6conducting the general election in March shall act as the canvassing board, canvass the
14.7returns, and declare the results of the election within two ten days after an election.
14.8(b) After the time for contesting elections has passed, the municipal clerk shall issue a
14.9certificate of election to each successful candidate. In case of a contest, the certificate shall
14.10not be issued until the outcome of the contest has been determined by the proper court.
14.11(c) In case of a tie vote, the canvassing board having jurisdiction over the
14.12municipality shall determine the result by lot. The clerk of the canvassing board shall
14.13certify the results of the election to the county auditor, and the clerk shall be the final
14.14custodian of the ballots and the returns of the election.

14.15    Sec. 18. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
14.16    Subd. 4. Results. The school district primary must be conducted and the returns
14.17made in the manner provided for the state primary as far as practicable. On the third eighth
14.18day after the primary, the school board of the school district shall canvass the returns,
14.19and the two candidates for each specified school board position who receive the highest
14.20number of votes, or a number of candidates equal to twice the number of individuals to be
14.21elected to at-large school board positions who receive the highest number of votes, are
14.22the nominees for the office named. Their names must be certified to the school district
14.23clerk who shall place them on the school district general election ballot without partisan
14.24designation and without payment of an additional fee.

14.25    Sec. 19. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
14.26    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between
14.27the third eighth and tenth 14th days after a school district election other than a recount of a
14.28special election conducted under section 126C.17, subdivision 9, or 475.59, the school
14.29board shall canvass the returns and declare the results of the election. After the time for
14.30contesting elections has passed, the school district clerk shall issue a certificate of election
14.31to each successful candidate. If there is a contest, the certificate of election to that office
14.32must not be issued until the outcome of the contest has been determined by the proper
14.33court. If there is a tie vote, the school board shall determine the result by lot. The clerk
14.34shall deliver the certificate of election to the successful candidate by personal service or
15.1certified mail. The successful candidate shall file an acceptance and oath of office in
15.2writing with the clerk within 30 days of the date of mailing or personal service. A person
15.3who fails to qualify prior to the time specified shall be deemed to have refused to serve,
15.4but that filing may be made at any time before action to fill the vacancy has been taken.
15.5The school district clerk shall certify the results of the election to the county auditor, and
15.6the clerk shall be the final custodian of the ballots and the returns of the election.
15.7A school district canvassing board shall perform the duties of the school board
15.8according to the requirements of this subdivision for a recount of a special election
15.9conducted under section 126C.17, subdivision 9, or 475.59.

15.10    Sec. 20. PUBLIC EDUCATION CAMPAIGN.
15.11The commissioner of administration shall contract for the production and
15.12implementation of a statewide public educational campaign related to the voter
15.13identification requirements of this article. The campaign must inform voters of the
15.14requirements for identification when voting, methods of securing sufficient identification,
15.15including securing a free voter identification card if necessary, and the process for
15.16provisional balloting for voters unable to meet the identification requirements on election
15.17day. The secretary of state may consult with the vendor in coordinating material related
15.18to the campaign, but the secretary, the secretary's staff, and any other documents or
15.19materials promoting the office of the secretary of state may not appear visually or audibly
15.20in any advertising or promotional items disseminated by the vendor as part of the public
15.21education campaign.
15.22EFFECTIVE DATE.This section is effective the day following final enactment.

15.23    Sec. 21. APPROPRIATION.
15.24$....... is appropriated for fiscal years 2012 and 2013 to the state-subsidized
15.25identification card account for purposes of providing state-subsidized identification cards
15.26to individuals qualifying under Minnesota Statutes, section 171.07, subdivision 3b.

15.27    Sec. 22. EFFECTIVE DATE.
15.28Except where otherwise provided, this article is effective June 1, 2012, and applies
15.29to elections held on or after that date.


15.32    Section 1. Minnesota Statutes 2010, section 5B.06, is amended to read:
16.15B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.
16.2(a) A program participant who is otherwise eligible to vote may register with the
16.3secretary of state as an ongoing absentee voter. The secretary of state shall determine the
16.4precinct in which the residential address of the program participant is located and shall
16.5request from and receive from the county auditor or other election official the ballot for
16.6that precinct and shall forward the absentee ballot to the program participant with the other
16.7materials for absentee balloting as required by Minnesota law. The program participant
16.8shall complete the ballot and return it to the secretary of state, who shall review the ballot
16.9in the manner provided by section 203B.24. If the ballot and ballot materials comply with
16.10the requirements of that section, the ballot must be certified by the secretary of state as
16.11the ballot of a program participant, and must be forwarded to the appropriate electoral
16.12jurisdiction for tabulation along with all other ballots. The name and address of a program
16.13participant must not be listed in the statewide voter registration system.
16.14(b) The secretary of state shall provide on the secretary's Web site information on
16.15options for program participants to vote, including casting a ballot as permitted by this
16.16section.

16.17    Sec. 2. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to read:
16.18    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
16.19accepting state or federal financial aid may prepare a current list of students enrolled in the
16.20institution and residing in the institution's housing or within ten miles of the institution's
16.21campus. The list shall include each student's current address. The list shall be certified and
16.22sent to the appropriate county auditor or auditors, in an electronic format approved by the
16.23secretary of state, for use in election day registration as provided under section 201.061,
16.24subdivision 3 . A residential housing list provided under this subdivision may not be used
16.25or disseminated by a county auditor or the secretary of state for any other purpose.

16.26    Sec. 3. [200.05] RULES; LEGISLATIVE APPROVAL REQUIRED.
16.27Any administrative rule authorized by the Minnesota Election Law and promulgated
16.28by the secretary of state shall not take effect until the rule has been enacted into law by the
16.29legislature and approved by the governor.
16.30EFFECTIVE DATE.This section is effective the day following final enactment,
16.31and applies to rules adopted on or after that date.

16.32    Sec. 4. Minnesota Statutes 2010, section 201.021, is amended to read:
17.1201.021 PERMANENT REGISTRATION SYSTEM.
17.2A permanent system of voter registration by county is established, with a single,
17.3official, centralized, interactive computerized statewide voter registration list defined,
17.4maintained, and administered at the state level that contains the name and registration
17.5information of every legally registered voter in the state, and assigns a unique identifier
17.6to each legally registered voter in the state. The unique identifier shall be permanently
17.7assigned to the voter and may not be changed or reassigned to another voter. The
17.8interactive computerized statewide voter registration list constitutes the official list of every
17.9legally registered voter in the state. The county auditor shall be chief registrar of voters
17.10and the chief custodian of the official registration records in each county. The secretary of
17.11state is responsible for defining, maintaining, and administering the centralized system.

17.12    Sec. 5. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
17.13    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
17.14voter registration system to facilitate voter registration and to provide a central database
17.15containing voter registration information from around the state. The system must be
17.16accessible to the county auditor of each county in the state. The system must also:
17.17(1) provide for voters to submit their voter registration applications to any county
17.18auditor, the secretary of state, or the Department of Public Safety;
17.19(2) provide for the definition, establishment, and maintenance of a central database
17.20for all voter registration information;
17.21(3) provide for entering data into the statewide registration system;
17.22(4) provide for electronic transfer of completed voter registration applications from
17.23the Department of Public Safety to the secretary of state or the county auditor;
17.24(5) assign a unique, permanent identifier to each legally registered voter in the state;
17.25(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
17.26state identification number, and last four digits of the Social Security number for each
17.27voter record;
17.28(7) coordinate with other agency databases within the state;
17.29(8) allow county auditors and the secretary of state to add or modify information in
17.30the system to provide for accurate and up-to-date records;
17.31(9) allow county auditors, municipal and school district clerks, and the secretary
17.32of state to have electronic access to the statewide registration system for review and
17.33search capabilities;
17.34(10) provide security and protection of all information in the statewide registration
17.35system and ensure that unauthorized access is not allowed;
18.1(11) provide access to municipal clerks to use the system;
18.2(12) provide a system for each county to identify the precinct to which a voter
18.3should be assigned for voting purposes;
18.4(13) provide daily reports accessible by county auditors on the driver's license
18.5numbers, state identification numbers, or last four digits of the Social Security numbers
18.6submitted on voter registration applications that have been verified as accurate by the
18.7secretary of state; and
18.8(14) provide reports on the number of absentee ballots transmitted to and returned
18.9and cast by voters under section 203B.16; and
18.10(15) provide reports on individuals who are not registered and believed to be
18.11ineligible to vote, to the extent permitted by federal law.
18.12The appropriate state or local official shall provide security measures to prevent
18.13unauthorized access to the computerized list established under section 201.021.

18.14    Sec. 6. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:
18.15    Subd. 4. Registration by election judges; procedures. Registration at the polling
18.16place on election day shall be conducted by the election judges. Before registering an
18.17individual to vote at the polling place, the election judge must review any list of absentee
18.18election day registrants provided by the county auditor or municipal clerk to see if the
18.19person has already voted by absentee ballot. If the person's name appears on the list, the
18.20election judge must not allow the individual to register or to vote in the polling place. The
18.21election judges shall also review the list of individuals believed to be ineligible to vote
18.22using the electronic roster, or a paper list provided by the county auditor or municipal clerk.
18.23The election judge who registers an individual at the polling place on election day shall not
18.24handle that voter's ballots at any time prior to the opening of the ballot box after the voting
18.25ends. Registration applications and forms for oaths shall be available at each polling place.
18.26If an individual who registers on election day proves residence by oath of a registered
18.27voter, the form containing the oath shall be attached to the individual's registration
18.28application. Registration applications completed on election day shall be forwarded to the
18.29county auditor who shall add the name of each voter to the registration system unless the
18.30information forwarded is substantially deficient. A county auditor who finds an election
18.31day registration substantially deficient shall give written notice to the individual whose
18.32registration is found deficient. An election day registration shall not be found deficient
18.33solely because the individual who provided proof of residence was ineligible to do so.

18.34    Sec. 7. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
19.1    Subd. 7. Record of attempted registrations. The election judge responsible for
19.2election day registration shall attempt to keep a record of the number of individuals who
19.3attempt to register on election day but who cannot provide proof of residence as required
19.4by this section. The record shall be forwarded to the county auditor with the election
19.5returns for that precinct.

19.6    Sec. 8. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
19.7    Subd. 3. Deficient registration. No voter registration application is deficient if it
19.8contains the voter's name, address, date of birth, current and valid Minnesota driver's
19.9license number or Minnesota state identification number, or if the voter has no current and
19.10valid Minnesota driver's license or Minnesota state identification number, the last four
19.11digits of the voter's Social Security number, if the voter has been issued a Social Security
19.12number, prior registration, if any, and signature. The absence of a zip code number does
19.13not cause the registration to be deficient. Failure to check a box on an application form
19.14that a voter has certified to be true does not cause the registration to be deficient. The
19.15election judges shall request an individual to correct a voter registration application if it is
19.16deficient or illegible. No eligible voter may be prevented from voting unless the voter's
19.17registration application is deficient or the voter is duly and successfully challenged in
19.18accordance with section 201.195 or 204C.12.
19.19    A voter registration application accepted prior to August 1, 1983, is not deficient for
19.20lack of date of birth. The county or municipality may shall attempt to obtain the date of
19.21birth for a voter registration application accepted prior to August 1, 1983, by a request to
19.22the voter at any time except at the polling place. Failure by the voter to comply with this
19.23request does not make the registration deficient.
19.24    A voter registration application accepted before January 1, 2004, is not deficient for
19.25lack of a valid Minnesota driver's license or state identification number, voter identification
19.26card number, or the last four digits of a Social Security number. A voter registration
19.27application submitted by a voter who does not have a Minnesota driver's license or state
19.28identification number, voter identification card number, or a Social Security number, is not
19.29deficient for lack of any of these numbers.

19.30    Sec. 9. Minnesota Statutes 2010, section 201.081, is amended to read:
19.31201.081 REGISTRATION FILES.
19.32    The statewide registration system is the official record of registered voters. The voter
19.33registration applications and the terminal providing access to the statewide registration
19.34system must be under the control of the county auditor or the public official to whom the
20.1county auditor has delegated the responsibility for maintaining voter registration records.
20.2The voter registration applications and terminals providing access to the statewide
20.3registration system must not be removed from the control of the county auditor except
20.4as provided in this section. The county auditor may make photographic copies of voter
20.5registration applications in the manner provided by section 138.17.
20.6    A properly completed voter registration application that has been submitted to the
20.7secretary of state or a county auditor must be maintained by the secretary of state or
20.8the county auditor for at least 22 36 months after the date that the information on the
20.9application is entered into the database of the statewide registration system. The secretary
20.10of state or the county auditor may dispose of the applications after retention for 22 36
20.11months in the manner provided by section 138.17.

20.12    Sec. 10. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
20.13    Subdivision 1. Entry of registration information. (a) At the time a voter
20.14registration application is properly completed, submitted, and received in accordance with
20.15sections 201.061 and 201.071, the county auditor shall enter the information contained on
20.16it into the statewide registration system. Voter registration applications completed before
20.17election day must be entered into the statewide registration system within ten days after
20.18they have been submitted to the county auditor. Voter registration applications completed
20.19on election day must be entered into the statewide registration system within 42 days after
20.20the election, unless the county auditor notifies the secretary of state before the 42-day
20.21deadline has expired that the deadline will not be met.
20.22(b) Upon receiving a completed voter registration application, the secretary of state
20.23may electronically transmit the information on the application to the appropriate county
20.24auditor as soon as possible for review by the county auditor before final entry into the
20.25statewide registration system. The secretary of state may mail the voter registration
20.26application to the county auditor.
20.27(c) Within ten days after the county auditor has entered information from a voter
20.28registration application into the statewide registration system, the secretary of state shall
20.29compare the voter's name, date of birth, and driver's license number, state identification
20.30number, voter identification card number, or the last four digits of the Social Security
20.31number with the same information contained in the Department of Public Safety database.
20.32(d) The secretary of state shall provide a report to the county auditor on a weekly
20.33basis that includes a list of voters whose name, date of birth, or identification number have
20.34been compared with the same information in the Department of Public Safety database
20.35and cannot be verified as provided in this subdivision. The report must list separately
21.1those voters who have submitted a voter registration application by mail and have not
21.2voted in a federal election in this state.
21.3(e) The county auditor shall compile a list of voters for whom the county auditor
21.4and the secretary of state are unable to conclude that information on the voter registration
21.5application and the corresponding information in the Department of Public Safety database
21.6relate to the same person.
21.7(f) The county auditor shall send a notice of incomplete registration to any voter
21.8whose name appears on the list and change the voter's status to "incomplete." A voter who
21.9receives a notice of incomplete registration from the county auditor may either provide
21.10the information required to complete the registration at least 21 days before the next
21.11election or at the polling place on election day.

21.12    Sec. 11. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
21.13    Subd. 3. Postelection sampling. Within ten days after an election, the county
21.14auditor shall send the notice required by subdivision 2 to a random sampling of the
21.15individuals registered on election day. The random sampling shall be determined in
21.16accordance with the rules of the secretary of state. As soon as practicable after the
21.17election, but no later than January 1 of the following year, the county auditor shall mail
21.18the notice required by subdivision 2 to all other individuals registered on election day.
21.19If a notice is returned as not deliverable, the county auditor shall attempt to determine
21.20the reason for the return. A county auditor who does not receive or obtain satisfactory
21.21proof of an individual's eligibility to vote shall immediately notify the county attorney of
21.22all of the relevant information and the secretary of state of the numbers by precinct. By
21.23March 1 of every odd-numbered year, the secretary of state shall report to the chair and
21.24ranking minority members of the legislative committees with jurisdiction over elections
21.25the number of notices reported under this subdivision to the secretary of state for the
21.26previous state general election by county and precinct.

21.27    Sec. 12. Minnesota Statutes 2010, section 201.171, is amended to read:
21.28201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
21.29REGISTRATION REMOVED.
21.30    Within six weeks after every election, the county auditor shall post the voting
21.31history for every person who voted in the election. After the close of the calendar year, the
21.32secretary of state shall determine if any registrants have not voted during the preceding
21.33four years. The secretary of state shall perform list maintenance by changing the status of
21.34those registrants to "inactive" in the statewide registration system. The list maintenance
22.1performed must be conducted in a manner that ensures that the name of each registered
22.2voter appears in the official list of eligible voters in the statewide registration system.
22.3A voter must not be removed from the official list of eligible voters unless the voter is
22.4not eligible or is not registered to vote. List maintenance must include procedures for
22.5eliminating duplicate names from the official list of eligible voters.
22.6    The secretary of state shall also prepare a report to the county auditor containing the
22.7names of all registrants whose status was changed to "inactive."
22.8    Registrants whose status was changed to "inactive" must register in the manner
22.9specified in section 201.054 before voting in any primary, special primary, general, school
22.10district, or special election, as required by section 201.018.
22.11    Although not counted in an election, a late or rejected absentee or mail ballot must
22.12be considered a vote for the purpose of continuing registration under this section, but is
22.13not considered voting history for the purpose of public information lists available under
22.14section 201.091, subdivision 4.

22.15    Sec. 13. [201.197] CHALLENGED ELIGIBILITY LIST.
22.16(a) The secretary of state shall maintain an electronic database of individuals not
22.17registered and who are believed to be ineligible to vote under section 201.014, subdivision
22.182. The database may be maintained as a module of the statewide voter registration system,
22.19if permitted by federal law, or maintained as a separate database, and at a minimum must
22.20include an individual's name, address of residence, date of birth, the reason the individual
22.21is believed to be ineligible to vote and, if available, the individual's driver's license or
22.22state identification card number, or the last four digits of the individual's Social Security
22.23number. Entries in the database shall be compiled using data submitted to the secretary of
22.24state under this chapter, and other sources as the secretary may determine appropriate.
22.25(b) An elections official processing a voter registration application must verify
22.26whether the individual listed on the application is included in the database of individuals
22.27known to be ineligible to vote. If the individual is listed in the database, the voter
22.28registration application may be accepted, but the voter's status must be listed as
22.29"challenged." An election judge processing a voter registration application submitted by a
22.30voter in a polling place on election day must verify the application using the electronic
22.31roster, or if the polling place does not have an electronic roster, using a paper list provided
22.32by the county auditor. A paper list used for verification in a polling place may be limited to
22.33only those individuals known to be residents of the county in which the precinct is located.

22.34    Sec. 14. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
23.1    Subd. 3. Procedures for polling place rosters. The secretary of state shall
23.2prescribe the form of polling place rosters that include the voter's name, address, date of
23.3birth, school district number, and space for the voter's signature. The secretary of state
23.4may prescribe additional election-related information to be placed on the polling place
23.5rosters on an experimental basis for one state primary and general election cycle; the same
23.6information may not be placed on the polling place roster for a second state primary and
23.7general election cycle unless specified in this subdivision. The polling place roster must
23.8be used to indicate whether the voter has voted in a given election. The secretary of state
23.9shall prescribe procedures for transporting the polling place rosters to the election judges
23.10for use on election day. The secretary of state shall prescribe the form for a county or
23.11municipality to request the date of birth from currently registered voters. The county or
23.12municipality shall not request the date of birth from currently registered voters by any
23.13communication other than the prescribed form and the form must clearly indicate that a
23.14currently registered voter does not lose registration status by failing to provide the date of
23.15birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
23.16polling place rosters used on the date of election for 22 36 months following the election.

23.17    Sec. 15. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
23.18    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
23.19subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
23.20any election may be submitted at any time not less than one day before the day of that
23.21election. The county auditor shall prepare absentee ballot application forms in the format
23.22provided by the secretary of state and shall furnish them to any person on request. By
23.23January 1 of each even-numbered year, the secretary of state shall make the forms to be
23.24used available to auditors through electronic means. An application submitted pursuant to
23.25this subdivision shall be in writing and shall be submitted to:
23.26    (1) the county auditor of the county where the applicant maintains residence; or
23.27    (2) the municipal clerk of the municipality, or school district if applicable, where
23.28the applicant maintains residence.
23.29    (b) An application shall be approved if it is timely received, signed and dated by the
23.30applicant, and contains:
23.31(1) the applicant's name and residence and mailing addresses,;
23.32(2) the applicant's date of birth, and at least one of the following:;
23.33(3) the applicant's Minnesota driver's license number, Minnesota state identification
23.34card number, or Minnesota voter identification card number; and
24.1(4) the last four digits of the applicant's Social Security number or a statement that
24.2the applicant does not have a Social Security number.
24.3(1) the applicant's Minnesota driver's license number;
24.4(2) Minnesota state identification card number;
24.5(3) the last four digits of the applicant's Social Security number; or
24.6(4) a statement that the applicant does not have any of these numbers.
24.7To be approved, the application must state that the applicant is eligible to vote by
24.8absentee ballot for one of the reasons specified in section 203B.02, and must contain an
24.9oath that the information contained on the form is accurate, that the applicant is applying
24.10on the applicant's own behalf, and that the applicant is signing the form under penalty
24.11of perjury.
24.12Prior to approval, the county auditor or municipal clerk must verify that the
24.13Minnesota driver's license, state identification card number, or voter identification card
24.14number submitted by an applicant is valid and assigned to that applicant. An application
24.15that contains a driver's license or identification card number that is invalid or not assigned
24.16to the applicant must be rejected. The county auditor or municipal clerk must also verify
24.17that the applicant does not appear on any lists of known ineligible voters maintained by
24.18the county auditor or municipal clerk, or provided to the county auditor or municipal clerk
24.19by the secretary of state. When verifying eligibility, the county auditor or municipal
24.20clerk must use the same standards and process as used for individuals appearing in the
24.21polling place on election day, except that an applicant is not required to appear in person
24.22or present photo identification meeting the standards of section 204C.10, subdivision 2.
24.23(c) An applicant's full date of birth, Minnesota driver's license or, state identification,
24.24or voter identification card number, and the last four digits of the applicant's Social
24.25Security number must not be made available for public inspection. An application may be
24.26submitted to the county auditor or municipal clerk by an electronic facsimile device. An
24.27application mailed or returned in person to the county auditor or municipal clerk on behalf
24.28of a voter by a person other than the voter must be deposited in the mail or returned in
24.29person to the county auditor or municipal clerk within ten days after it has been dated by
24.30the voter and no later than six days before the election. The absentee ballot applications
24.31or a list of persons applying for an absentee ballot may not be made available for public
24.32inspection until the close of voting on election day.
24.33    An application under this subdivision may contain an application under subdivision
24.345 to automatically receive an absentee ballot application.

24.35    Sec. 16. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
25.1    Subd. 2. Health care patient. An eligible voter who on the day before an election
25.2becomes a resident or patient in a health care facility or hospital located in the municipality
25.3in which the eligible voter maintains residence may apply for absentee ballots on election
25.4day if the voter:
25.5(a) requests an application form by telephone from the municipal clerk not later than
25.65:00 p.m. on the day before election day; or
25.7(b) submits an absentee ballot application to the election judges engaged in
25.8delivering absentee ballots pursuant to section 203B.11.

25.9    Sec. 17. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
25.10    Subd. 5. Preservation of records. An application for absentee ballots shall be
25.11dated by the county auditor or municipal clerk when it is received and shall be initialed
25.12when absentee ballots are mailed or delivered to the applicant. All applications shall be
25.13preserved by the county auditor or municipal clerk for 22 36 months.

25.14    Sec. 18. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
25.15    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
25.16county, municipality, and school district with responsibility to accept and reject absentee
25.17ballots must, by ordinance or resolution, establish a ballot board. The board must consist
25.18of a sufficient number of election judges trained in the handling of absentee ballots and
25.19appointed as provided in sections 204B.19 to 204B.22. The board may include staff
25.20trained as election judges.
25.21(b) Each jurisdiction must pay a reasonable compensation to each member of that
25.22jurisdiction's ballot board for services rendered during an election.
25.23(c) A ballot board may only meet to perform its duties under this chapter during the
25.24period in which completed absentee ballots are accepted for an election. The time and
25.25place of each meeting must be scheduled, announced, and posted on the Web site of the
25.26governing body of the county, municipality, or school district at least 14 days prior to
25.27convening the first meeting of the ballot board for an election. If the governing body of
25.28the county, municipality, or school district does not have a Web site, the time and place
25.29of each meeting must be posted, in writing, on the principle bulletin board of the body.
25.30Meetings of the ballot board must be convened at the same time and in the same location.
25.31The ballot board must also meet on any day during which the county or municipal offices
25.32are open for the purposes of conducting election business prior to an election. A ballot
25.33board may not meet except during regularly scheduled meetings announced and posted as
25.34required by this paragraph.
26.1(d) Except as otherwise provided by this section, all provisions of the Minnesota
26.2Election Law apply to a ballot board.

26.3    Sec. 19. Minnesota Statutes 2010, section 204B.40, is amended to read:
26.4204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
26.5DISPOSITION; INSPECTION OF BALLOTS.
26.6The county auditors, municipal clerks, and school district clerks shall retain all
26.7election materials returned to them after any election for at least 22 36 months from
26.8the date of that election. All election materials involved in a contested election must be
26.9retained for 22 36 months or until the contest has been finally determined, whichever is
26.10later. Abstracts filed by canvassing boards shall be retained permanently by any officer
26.11with whom those abstracts are filed. Election materials no longer required to be retained
26.12pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.
26.13Sealed envelopes containing voted ballots must be retained unopened, except as provided
26.14in this section, in a secure location. The county auditor, municipal clerk, or school district
26.15clerk shall not permit any voted ballots to be tampered with or defaced.
26.16After the time for filing a notice of contest for an election has passed, the secretary
26.17of state may, for the purpose of monitoring and evaluating election procedures: (1)
26.18open the sealed ballot envelopes and inspect the ballots for that election maintained by
26.19the county auditors, municipal clerks, or school district clerks; (2) inspect the polling
26.20place rosters and completed voter registration applications; or (3) examine other forms
26.21required in the Minnesota election laws for use in the polling place. No inspected ballot or
26.22document may be marked or identified in any manner. After inspection, all ballots must be
26.23returned to the ballot envelope and the ballot envelope must be securely resealed. Any
26.24other election materials inspected or examined must be secured or resealed. No polling
26.25place roster may be inspected until the voting history for that precinct has been posted.
26.26No voter registration application may be inspected until the information on it has been
26.27entered into the statewide registration system.

26.28    Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
26.29    Subdivision 1. Determination of proper number. The election judges shall
26.30determine the number of ballots to be counted by adding the number of return envelopes
26.31from accepted absentee ballots to the number of signed voter's certificates, or to the
26.32number of names entered in the election register counting the number of original voter
26.33signatures contained in the polling place roster, or on voter's receipts generated from an
26.34electronic roster. The election judges may not count the number of voter receipts collected
27.1in the precinct as a substitute for counting original voter signatures unless the voter
27.2receipts contain the name, voter identification number, and signature of the voter to whom
27.3the receipt was issued. The election judges shall then remove all the ballots from the box.
27.4Without considering how the ballots are marked, the election judges shall ascertain that
27.5each ballot is separate and shall count them to determine whether the number of ballots in
27.6the box corresponds with the number of ballots to be counted.

27.7    Sec. 21. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
27.8    Subd. 2. Excess ballots. If two or more ballots are found folded together like
27.9a single ballot, the election judges shall lay them aside until all the ballots in the box
27.10have been counted. If it is evident from the number of ballots to be counted that the
27.11ballots folded together were cast by one voter, the election judges shall preserve but not
27.12count them. If the number of ballots in one box exceeds the number to be counted, the
27.13election judges shall examine all the ballots in the box to ascertain that all are properly
27.14marked with the initials of the election judges. If any ballots are not properly marked with
27.15the initials of the election judges, the election judges shall preserve but not count them;
27.16however, if the number of ballots does not exceed the number to be counted, the absence
27.17of either or both sets of initials of the election judges does not, by itself, disqualify the
27.18vote from being counted and must not but may be the basis of a challenge in a recount.
27.19If there is still an excess of properly marked ballots, the election judges shall replace
27.20them in the box, and one election judge, without looking, shall withdraw from the box
27.21a number of ballots equal to the excess. The withdrawn ballots shall not be counted but
27.22shall be preserved as provided in subdivision 4.

27.23    Sec. 22. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
27.24    Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees
27.25with the number of ballots to be counted, those ballots not counted shall be clearly marked
27.26"excess" on the front of the ballot and attached to a certificate made by the election judges
27.27which states the number of ballots not counted and why the ballots they were not counted.
27.28The certificate and uncounted ballots shall be sealed in a separate envelope and returned
27.29to clearly marked "excess ballots." The election judges shall sign their names over the
27.30envelope seal and return the ballots to the county auditor or municipal or school district
27.31clerk from whom they were received. Tabulation of vote totals from a precinct where
27.32excess ballots were removed from the ballot box shall be completed by the canvassing
27.33board responsible for certifying the election results from that precinct.

28.1    Sec. 23. Minnesota Statutes 2010, section 204C.20, is amended by adding a
28.2subdivision to read:
28.3    Subd. 5. Applicability. The requirements of this section apply regardless of the
28.4voting system or method of tabulation used in a precinct.

28.5    Sec. 24. Minnesota Statutes 2010, section 204C.23, is amended to read:
28.6204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
28.7(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election
28.8judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and
28.9returned as required by section 204C.25.
28.10(b) A ballot that is defective to the extent that the election judges are unable to
28.11determine the voter's intent shall be marked on the back "Defective" if it is totally
28.12defective or "Defective as to ......," naming the office or question if it is defective only in
28.13part. Defective ballots must be placed in an envelope designated for defective ballots from
28.14the precinct, sealed, and returned as required by section 204C.25.
28.15(c) A damaged or defective ballot that requires duplication must be handled as
28.16required by section 206.86, subdivision 5.

28.17    Sec. 25. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
28.18    Subdivision 1. Information requirements. Precinct summary statements shall be
28.19submitted by the election judges in every precinct. For all elections, the election judges
28.20shall complete three or more copies of the summary statements, and each copy shall
28.21contain the following information for each kind of ballot:
28.22(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count
28.23made by the election judges, the number of unofficial ballots made, and the number of
28.24absentee ballots delivered to the precinct;
28.25(b) (2) the number of votes each candidate received or the number of yes and no
28.26votes on each question, the number of undervotes, the number of overvotes, and the
28.27number of defective ballots with respect to each office or question;
28.28(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the
28.29number of absentee ballots rejected, and the number of unused ballots, presuming that the
28.30total count provided on each package of unopened prepackaged ballots is correct;
28.31(4) the number of ballots cast;
28.32(d) (5) the number of individuals who voted at the election in the precinct voter
28.33signatures contained on the polling place roster or on voter receipts generated by an
29.1electronic roster, which must equal the total number of ballots cast in the precinct, as
29.2required by sections 204C.20 and 206.86, subdivision 1;
29.3(6) the number of excess ballots removed by the election judges, as required by
29.4section 204C.20;
29.5(e) (7) the number of voters registering on election day in that precinct; and
29.6(f) (8) the signatures of the election judges who counted the ballots certifying that
29.7all of the ballots cast were properly piled, checked, and counted; and that the numbers
29.8entered by the election judges on the summary statements correctly show the number of
29.9votes cast for each candidate and for and against each question.
29.10At least two copies of the summary statement must be prepared for elections not
29.11held on the same day as the state elections.

29.12    Sec. 26. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
29.13    Subdivision 1. At the voting location Precinct polling locations; duties;
29.14reconciliation. In precincts where an electronic voting system is used, as soon as the polls
29.15are closed the election judges shall secure the voting systems against further voting. They
29.16shall then open the ballot box and count the number of ballot cards ballots or envelopes
29.17containing ballot cards ballots that have been cast to determine that the number of ballot
29.18cards ballots does not exceed the number of voters shown on original voter signatures
29.19contained in the election register or registration file polling place roster or on voter receipts
29.20generated from an electronic roster. The election judges may not count the number of
29.21voter receipts collected in the precinct as a substitute for counting original voter signatures
29.22unless the voter receipts contain the name, voter identification number, and signature of
29.23the voter to whom the receipt was issued. If there is an excess, the judges shall seal the
29.24ballots in a ballot container and transport the container to the county auditor or municipal
29.25clerk who shall process the ballots in the same manner as paper ballots are processed in
29.26section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the
29.27manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total
29.28number of voters must be entered on the forms provided. The judges shall next count the
29.29write-in votes and enter the number of those votes on forms provided for the purpose.

29.30    Sec. 27. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
29.31    Subd. 2. Transportation of ballot cards ballots. The judges shall place all voted
29.32ballot cards, excess ballots, defective ballots, and damaged ballots in the container
29.33provided for transporting them to the counting center. The container must be sealed and
29.34delivered immediately to the counting center by two judges who are not of the same major
30.1political party. The judges shall also deliver to the counting center in a suitable container
30.2the unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued
30.3to the voters and deposited during the day in the ballot box.

30.4    Sec. 28. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
30.5    Subdivision 1. Manner; time; contents. Service of a notice of contest must be
30.6made in the same manner as the service of summons in civil actions. The notice of contest
30.7must specify the grounds on which the contest will be made. The contestant shall serve
30.8notice of the contest on the parties enumerated in this section. Notice must be served and
30.9filed within five days after the canvass is completed in the case of a primary or special
30.10primary or within seven days after the canvass is completed in the case of a special or
30.11general election; except that:
30.12(1) if a contest is based on a deliberate, serious, and material violation of the election
30.13laws which was discovered from the statements of receipts and disbursements required
30.14to be filed by candidates and committees, the action may be commenced and the notice
30.15served and filed within ten days after the filing of the statements in the case of a general
30.16or special election or within five days after the filing of the statements in the case of a
30.17primary or special primary.;
30.18(2) if a notice of contest questions only which party received the highest number
30.19of votes legally cast at the election, a contestee who loses may serve and file a notice of
30.20contest on any other ground during the three days following expiration of the time for
30.21appealing the decision on the vote count; and
30.22(3) if data or documents necessary to determine grounds for a contest, including but
30.23not limited to lists of the names of every voter who participated in an election, are not
30.24available to a candidate or the general public prior to the close of the period for filing a
30.25notice of contest under this section due to nonfeasance, malfeasance, or failure to perform
30.26duties within the time required by statute on the part of the secretary of state, a county
30.27auditor, or other state, county, or municipal election official, a notice of contest may be
30.28served and filed within seven days after the data or documents become available for
30.29inspection by the candidates and the general public.

30.30    Sec. 29. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
30.31    Subdivision 1. Appointment of inspectors. After a contest has been instituted,
30.32either party may have the ballots all materials relating to the election, including, but not
30.33limited to, polling place rosters, voter registration applications, accepted absentee ballot
30.34envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct
31.1summary statements, printouts from voting machines, and precinct incident logs, inspected
31.2before preparing for trial. The party requesting an inspection shall file with the district
31.3court where the contest is brought a verified petition, stating that the case cannot properly
31.4be prepared for trial without an inspection of the ballots and other election materials and
31.5designating the precincts in which an inspection is desired. A judge of the court in which
31.6the contest is pending shall then appoint as many sets of three inspectors for a contest of
31.7any office or question as are needed to count and inspect the ballots expeditiously. One
31.8inspector must be selected by each of the parties to the contest and a third must be chosen
31.9by those two inspectors. If either party neglects or refuses to name an inspector, the judge
31.10shall appoint the inspector. The compensation of inspectors is the same as for referees,
31.11unless otherwise stipulated.

31.12    Sec. 30. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
31.13    Subdivision 1. Soliciting near polling places. A person may not display campaign
31.14material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
31.15a polling place or within 100 feet of the building in which a polling place is situated,
31.16or anywhere on the public property on which a polling place is situated, on primary or
31.17election day to vote for or refrain from voting for a candidate or ballot question. A person
31.18may not provide political badges, political buttons, or other political insignia to be worn at
31.19or about the polling place on the day of a primary or election. A political badge, political
31.20button, or other political insignia may not be worn at or about the polling place on primary
31.21or election day if it is designed to influence voting for or against a particular candidate,
31.22political party, or question on the ballot at the election. This section applies to areas
31.23established by the county auditor or municipal clerk for absentee voting as provided in
31.24chapter 203B.
31.25The secretary of state, county auditor, municipal clerk, or school district clerk may
31.26provide stickers which contain the words "I VOTED" and nothing more. Election judges
31.27may offer a sticker of this type to each voter who has signed the polling place roster
31.28or a voter's receipt.

31.29    Sec. 31. Minnesota Statutes 2010, section 611A.32, subdivision 3, is amended to read:
31.30    Subd. 3. Duties of grantees. (a) Every public or private nonprofit agency which
31.31receives a grant to provide emergency shelter services to battered women and support
31.32services to battered women and domestic abuse victims shall:
31.33 (1) comply with all rules of the commissioner related to the administration of the
31.34pilot programs; and
32.1(2) provide information to all battered women receiving assistance from a shelter
32.2facility, as defined in section 611A.37, subdivision 4, on the address confidentiality
32.3program established in chapter 5B, including an application for the program and
32.4information on the right of individuals certified as program participants to vote by absentee
32.5ballot as permitted in section 5B.06. The information shall be provided by the facility
32.6administrator, using resources available on the Web site of the secretary of state.

32.7    Sec. 32. REPEALER.
32.8Minnesota Statutes 2010, sections 203B.04, subdivision 3 is repealed.


32.11    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a
32.12subdivision to read:
32.13    Subd. 12a. Polling place roster. "Polling place roster" means the official lists used
32.14to record a voter's appearance in a polling place on election day, including the list of
32.15registered voters in the precinct, and the list of voters registering on election day. A polling
32.16place roster may be in a printed or electronic format, as permitted by section 201.225.

32.17    Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
32.18    Subd. 3. Procedures for polling place rosters. The secretary of state shall
32.19prescribe the form of polling place rosters that include the voter's name, address, date of
32.20birth, school district number, and space for the voter's signature. A polling place roster
32.21provided in an electronic form must allow for a printed voter's receipt that meets the
32.22standards provided in section 201.225, subdivision 2. The secretary of state may prescribe
32.23additional election-related information to be placed on the polling place rosters on an
32.24experimental basis for one state primary and general election cycle; the same information
32.25may not be placed on the polling place roster for a second state primary and general
32.26election cycle unless specified in this subdivision. The polling place roster must be used
32.27to indicate whether the voter has voted in a given election. The secretary of state shall
32.28prescribe procedures for transporting the polling place rosters to the election judges
32.29for use on election day. The secretary of state shall prescribe the form for a county or
32.30municipality to request the date of birth from currently registered voters. The county or
32.31municipality shall not request the date of birth from currently registered voters by any
32.32communication other than the prescribed form and the form must clearly indicate that a
32.33currently registered voter does not lose registration status by failing to provide the date of
33.1birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
33.2polling place rosters used on the date of election for 22 months following the election.

33.3    Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
33.4    Subdivision 1. Certification of system. (a) Except as provided in paragraph (c),
33.5a precinct may have a secure electronic connection to the statewide voter registration
33.6system maintained by the secretary of state, to serve as the precinct's electronic polling
33.7place roster.
33.8(b) Precincts may not use an electronic roster until the secretary of state has certified
33.9that the system design and operational procedures are sufficient to prevent any voter from
33.10voting more than once at an election, and to prevent access to the system by unauthorized
33.11individuals.
33.12(c) If the county auditor or municipal clerk certifies to the secretary of state that a
33.13precinct is unable to access the connection, the precinct may use two computers connected
33.14together in the precinct as the electronic roster. At a minimum, computers used in a
33.15precinct that do not have a live connection to the statewide voter registration system must
33.16have a stored electronic roster of registered voters for that precinct.
33.17    Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic
33.18roster must:
33.19(1) be preloaded with data from the statewide voter registration system, including
33.20data on individuals known to be ineligible to vote;
33.21(2) permit all voting information processed by any computer in a precinct to be
33.22immediately accessible to all other computers at all other connected precincts in the state;
33.23(3) provide for a printed voter's receipt, containing the voter's name, address of
33.24residence, date of birth, voter identification number, the oath required by section 204C.10,
33.25and a space for the voter's original signature;
33.26(4) immediately alert the election judge if the statewide voter registration system
33.27indicates that a voter has already voted at the election in another polling place, is ineligible
33.28to vote, or the voter's registration status is challenged;
33.29(5) automatically accept and input data from a scanned Minnesota driver's license or
33.30identification card and match the data to an existing voter registration record, and permit
33.31manual input of voter data, if necessary; and
33.32(6) perform any other functions required for the efficient and secure administration
33.33of an election, as required by law.
34.1    Subd. 3. Use of alternative roster. Any precinct that opts not to use an electronic
34.2roster must use an alternative roster that ensures election day registrations are subject to
34.3the same verification standards as defined in subdivision 2, clauses (1), (2), (3), and (6).

34.4    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
34.5    Subd. 2. Separate precincts; combined polling place. (a) The following shall
34.6constitute at least one election precinct:
34.7(1) each city ward; and
34.8(2) each town and each statutory city.
34.9(b) A single, accessible, combined polling place may be established no later than
34.10May 1 of any year:
34.11(1) for any city of the third or fourth class, any town, or any city having territory in
34.12more than one county, in which all the voters of the city or town shall cast their ballots;
34.13(2) for two contiguous precincts in the same municipality that have a combined
34.14total of fewer than 500 registered voters;
34.15(3) for up to four contiguous municipalities located entirely outside the metropolitan
34.16area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
34.17(4) for noncontiguous precincts located in one or more counties.
34.18A copy of the ordinance or resolution establishing a combined polling place must
34.19be filed with the county auditor within 30 days after approval by the governing body. A
34.20polling place combined under clause (3) must be approved by the governing body of each
34.21participating municipality. A polling place combined under clause (4) must be approved
34.22by the governing body of each participating municipality and the secretary of state and
34.23may be located outside any of the noncontiguous precincts. A municipality withdrawing
34.24from participation in a combined polling place must do so by filing a resolution of
34.25withdrawal with the county auditor no later than April 1 of any year.
34.26The secretary of state shall provide a separate polling place roster for each precinct
34.27served by the combined polling place. A single set of election judges may be appointed
34.28to serve at a combined polling place. The number of election judges required must be
34.29based on the total number of persons voting at the last similar election in all precincts to
34.30be voting at the combined polling place. Separate ballot boxes must be provided for the
34.31ballots from each precinct. The results of the election must be reported separately for each
34.32precinct served by the combined polling place, except in a polling place established under
34.33clause (2) where one of the precincts has fewer than ten registered voters, in which case the
34.34results of that precinct must be reported in the manner specified by the secretary of state.

35.1    Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
35.2204C.10 PERMANENT REGISTRATION; VERIFICATION OF
35.3REGISTRATION.
35.4(a) An individual seeking to vote shall sign a polling place roster or printed voter's
35.5receipt, generated from an electronic roster which states that the individual is at least
35.618 years of age, a citizen of the United States, has resided in Minnesota for 20 days
35.7immediately preceding the election, maintains residence at the address shown, is not
35.8under a guardianship in which the court order revokes the individual's right to vote, has
35.9not been found by a court of law to be legally incompetent to vote or has the right to vote
35.10because, if the individual was convicted of a felony, the felony sentence has expired or
35.11been completed or the individual has been discharged from the sentence, is registered
35.12and has not already voted in the election. The roster must also state: "I understand that
35.13deliberately providing false information is a felony punishable by not more than five years
35.14imprisonment and a fine of not more than $10,000, or both."
35.15(b) A judge may, before the applicant signs the roster or receipt, confirm the
35.16applicant's name, address, and date of birth.
35.17(c) In precincts where a paper roster is used after the applicant signs the roster, the
35.18judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a
35.19voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the
35.20voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters'
35.21receipts must be maintained during the time for notice of filing an election contest for 36
35.22months following the date of the election.

35.23    Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
35.24    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
35.25individual who refuses to answer questions or sign a polling place roster or voter's receipt
35.26 as required by this section must not be allowed to vote. A challenged individual who
35.27leaves the polling place and returns later willing to answer questions or sign a polling
35.28place roster or voter's receipt must not be allowed to vote.

35.29    Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
35.30    Subd. 2. Voter registration. An individual may register to vote at a special primary
35.31or special election at any time before the day that the polling place rosters for the special
35.32primary or special election are prepared finally secured by the secretary of state for the
35.33election. The secretary of state shall provide the county auditors with notice of this date
35.34at least seven days before the printing of the rosters are secured. This subdivision does
36.1not apply to a special election held on the same day as the state primary, state general
36.2election, or the regularly scheduled primary or general election of a municipality, school
36.3district, or special district.

36.4    Sec. 8. [206A.01] APPLICABILITY.
36.5This chapter applies to each designated election official who transmits election
36.6records via teleprocessing lines to a centralized electronic roster maintained by the
36.7secretary of state for the purpose of conducting an election and compiling complete returns.

36.8    Sec. 9. [206A.02] DEFINITIONS.
36.9    Subdivision 1. Definitions. The definitions in this section apply to this chapter.
36.10    Subd. 2. Designated election official. "Designated election official" means the
36.11county auditor or municipal clerk.
36.12    Subd. 3. Elector data. "Elector data" means voting information, including, but not
36.13limited to, voter registration, voting history, and voting tabulations.
36.14    Subd. 4. Electronic roster. "Electronic roster" is a list of eligible electors in
36.15electronic format who are permitted to vote at a polling place in an election conducted
36.16under the Minnesota Election Law, which shall be processed by a computer at a precinct
36.17to be immediately accessible to all other computers at all connected precincts in the state.
36.18    Subd. 5. Teleprocessing lines. "Teleprocessing lines" means secure, dedicated
36.19communication transmission facilities used for the purpose of transferring elector data
36.20between precincts and a centralized computerized roster maintained by the secretary of
36.21state, to ensure the security and integrity of voting information so that no deviation can
36.22go undetected.

36.23    Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY
36.24PROCEDURES.
36.25(a) The designated election official shall establish written security procedures
36.26covering the transference of precinct teleprocessing information. The procedures must
36.27include:
36.28(1) security covering the transmission of elector data processed through the
36.29electronic roster and reconciliation of the registration and history of voters casting ballots
36.30in a precinct; and
36.31(2) contingency procedures for network and power failure. The procedures must, at
36.32a minimum, include procedures to address all single point failures including:
36.33(i) network failure;
37.1(ii) power failure that lasts less than one hour; and
37.2(iii) power failure that lasts more than one hour.
37.3(b) Acceptable alternatives for addressing power or system failures include either:
37.4(1) a paper backup of the roster with the minimum information required to verify a
37.5voter's eligibility; or
37.6(2) a sufficient number of computers per precinct to ensure that the voter check-in
37.7continues in an efficient manner. The computers must have the ability to function on
37.8batteries or an external power source for up to two hours.
37.9(c) Each computer must have an electronic backup of the current roster in one of the
37.10following formats:
37.11(1) a portable document file (PDF);
37.12(2) a spreadsheet; or
37.13(3) a database with a basic look-up interface. In addition to acceptable backup
37.14roster procedures, the security procedures must address contingency procedures to protect
37.15against activities such as voting more than once by a single voter.

37.16    Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
37.17(a) The designated election official shall submit to the secretary of state evidence
37.18that the connection to an electronic roster is secure including details concerning encryption
37.19methodology. In addition, the electronic roster must meet or exceed the standards provided
37.20for in this section.
37.21(b) Proven, standard algorithms must be used as the basis for encryption
37.22technologies.
37.23(c) If an electronic roster utilizes a Virtual Private Network (VPN), the following
37.24apply:
37.25(1) it is the responsibility of the county to ensure that unauthorized users are not
37.26allowed access to internal networks;
37.27(2) VPN use is to be controlled using either a onetime password authentication such
37.28as a token device or a public/private key system with a strong passphrase;
37.29(3) when actively connected to the network, VPNs must force all traffic to and from
37.30the computer over the VPN tunnel and all other traffic must be dropped;
37.31(4) dual (split) tunneling is not permitted; only one network connection is allowed;
37.32(5) VPN gateways must be set up and managed by the county or its designee;
37.33(6) all computers connected to internal networks via VPN or any other technology
37.34must use up-to-date antivirus software; and
37.35(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

38.1    Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION
38.2REQUIREMENTS.
38.3The secretary of state shall ensure the electronic roster system complies with the
38.4following response-time standards for any computer on the system:
38.5(1) a maximum of five seconds to update voter activity;
38.6(2) a maximum of 1.5 seconds to process a voter inquiry by identification number;
38.7and
38.8(3) a maximum of 45 seconds for session startup and password verification.

38.9    Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING
38.10PROCEDURES.
38.11(a) The secretary of state, with the cooperation of the designated election officials,
38.12shall test the electronic roster application to ensure that it meets the minimum system
38.13requirements prior to the first election in which it is used. The application must also be
38.14tested after the implementation of any system modifications, including any change in
38.15the number of connected computers. The county shall notify the secretary of state of
38.16the number of connected computers and any county-initiated system modifications by a
38.17deadline that the secretary of state shall establish to permit orderly testing.
38.18(b) The test must, at a minimum, include the following:
38.19(1) a load test must be demonstrated through either actual computers running at
38.20proposed bandwidth and security settings, or by simulating a load test;
38.21(2) a contingency/failure test must be demonstrated and documented illustrating the
38.22effects of failures identified in section 206A.03; and
38.23(3) all tests must be conducted with clients and servers in normal, typical, deployed
38.24operating mode.
38.25(c) All records and documentation of the testing must be retained by the secretary
38.26of state for a period of 36 months as part of the election record. Records originating
38.27with designated election officials must be immediately forwarded by those officials to
38.28the secretary of state. The testing record and documentation must include, but is not
38.29limited to, the following:
38.30(1) a formal test plan containing all test scripts used:
38.31(i) the test plan must include test environment containing make, model, type of
38.32hardware, and software versions used in testing; and
38.33(ii) the test plan must also include the number of client computers, servers, and
38.34physical locations involved in testing;
38.35(2) test logs of all events that were observed during testing, including:
39.1(i) the sequence of actions necessary to set up the tests;
39.2(ii) the actions necessary to start the tests;
39.3(iii) the actions taken during the execution of the tests;
39.4(iv) any measurements taken or observed during the tests;
39.5(v) any actions necessary to stop or shut down the tests;
39.6(vi) any actions necessary to bring the tests to a halt; and
39.7(vii) any actions necessary or taken to deal with anomalies experienced during
39.8testing;
39.9(3) performance logs and reports taken from both servers and workstations during
39.10the testing which contain performance information of:
39.11(i) network usage (bandwidth);
39.12(ii) processor utilization;
39.13(iii) Random Access Memory (RAM) utilization; and
39.14(iv) any additional performance monitoring reports necessary to explain the process
39.15taken and to support the findings of the tests; and
39.16(4) all test logs must contain the date, time, operator, test status or outcome, and any
39.17additional information to assist the secretary of state in making a determination.

39.18    Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR
39.19PRECINCTS EMPLOYING ELECTRONIC ROSTERS.
39.20Counties employing electronic rosters shall allocate computers to their precincts
39.21based upon the total number of registered voters in the county 90 days preceding the
39.22election and historical statistics regarding election day registrants. The minimum
39.23computers required shall be on site at each precinct. Precincts employing electronic
39.24rosters shall be allocated a minimum of two computers.

39.25    Sec. 15. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER
39.26IMPLEMENTATION.
39.27    Subdivision 1. Creation. The Legislative Task Force on Electronic Roster
39.28Implementation is established to facilitate development and implementation of electronic
39.29rosters for use in elections, as required by this article.
39.30    Subd. 2. Duties; considerations. (a) The task force shall:
39.31(1) study and recommend options for systems and hardware that meet the standards
39.32for use in a precinct as provided in Minnesota Statutes, chapter 206A;
40.1(2) study and facilitate implementation of software updates, add-ons, or other
40.2changes to the statewide voter registration system that may be necessary to allow the
40.3system to function as a networked database within or between precincts as required by
40.4Minnesota Statutes, chapter 206A; and
40.5(3) recommend to the legislature any additional changes to law that may be
40.6necessary to implement the requirements of this article.
40.7(b) Factors that must be considered by the task force in carrying out its duties
40.8include, but are not limited to:
40.9(1) ease of equipment use by election administrators, election judges, and voters;
40.10(2) cost-effectiveness;
40.11(3) feasibility of available technologies within precincts;
40.12(4) the security, integrity, and reliability of the electronic roster system and its impact
40.13on the security, integrity, and reliability of the election; and
40.14(5) minimum standards for equipment and software functionality as provided by law.
40.15    Subd. 3. Membership. The task force consists of 16 members, as follows:
40.16(1) the speaker of the house shall appoint one member of the house of representatives,
40.17and one individual who served as a head election judge affiliated with the speaker's
40.18political party at the 2010 state general election;
40.19(2) the minority leader of the house of representatives shall appoint one member
40.20of the house, and one individual who served as a head election judge affiliated with the
40.21minority leader's political party at the 2010 state general election;
40.22(3) the majority leader of the senate shall appoint one member of the senate, and
40.23one individual who served as a head election judge affiliated with the majority leader's
40.24political party at the 2010 state general election;
40.25(4) the minority leader of the senate shall appoint one member of the senate, and
40.26one individual who served as a head election judge affiliated with the minority leader's
40.27political party at the 2010 state general election;
40.28(5) the Minnesota Association of County Auditors shall appoint one head elections
40.29administrator from a representative county with a large population, one head elections
40.30administrator from a representative county with an average-sized population, and one
40.31head elections administrator from a representative county with a small population, as
40.32defined by the association;
40.33(6) the Minnesota Association of Townships shall appoint one head elections
40.34administrator;
40.35(7) the League of Minnesota Cities shall appoint one head elections administrator;
40.36(8) the secretary of state, or the secretary's designee;
41.1(9) the director of information technology in the Office of the Secretary of State; and
41.2(10) the Chief Information Officer of the state of Minnesota, or a designee.
41.3Appointments required by this subdivision shall be made within 21 days of
41.4enactment of this article. The legislator appointed by the speaker of the house shall serve
41.5as chair of the task force.
41.6    Subd. 4. Report to legislature. The task force shall submit a report to the legislature
41.7on its activities and recommendations no later than December 1, 2011.
41.8    Subd. 5. Meetings; staff. (a) Meetings of the task force are subject to Minnesota
41.9Statutes, chapter 13D, except that a meeting may be closed to discuss proprietary data or
41.10other data that is protected by law.
41.11(b) The director of the Legislative Coordinating Commission shall convene the first
41.12meeting of the task force no later than July 1, 2011, or within 30 days of enactment of
41.13this section, whichever is later, and shall provide staff as necessary to support the work of
41.14the task force.

41.15    Sec. 16. APPROPRIATION.
41.16$...... is appropriated to the secretary of state from the Help America Vote
41.17Act account for purposes of purchasing equipment and upgrading the statewide
41.18voter registration system to serve as the electronic roster, including developing and
41.19programming an additional module within the system, if necessary, to comply with the
41.20requirements of this article.
41.21EFFECTIVE DATE.This section is effective the day following final enactment.

41.22    Sec. 17. EFFECTIVE DATE.
41.23Except where otherwise provided, this article is effective August 14, 2012, and
41.24applies to elections held on or after that date.


41.27    Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
41.28204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES
41.29AGREE.
41.30    Subdivision 1. Errors of election judges. If the candidates for an office
41.31unanimously agree in writing that the election judges in any precinct have made an
41.32obvious error in the counting or recording of the votes for that office, they shall deliver the
42.1agreement to the county auditor of that county who shall reconvene the county canvassing
42.2board, if necessary, and present the agreement to it. The county canvassing board shall
42.3correct the error as specified in the agreement.
42.4    Subd. 2. Errors of county canvassing board. If the candidates for an office
42.5unanimously agree in writing that the county canvassing board has made an obvious error
42.6in the counting and recording of the vote for that office they shall notify the county auditor
42.7who shall reconvene the canvassing board. The county canvassing board shall promptly
42.8correct the error as specified in the agreement and file an amended report. When an error is
42.9corrected pursuant to this subdivision, the county canvassing board and the county auditor
42.10shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.
42.11    Subd. 3. Errors of State Canvassing Board. If the candidates for an office
42.12unanimously agree in writing that the State Canvassing Board has made an obvious error
42.13in the counting and recording of the vote for that office they shall deliver the agreement
42.14to the secretary of state. If a certificate of election has not been issued, the secretary of
42.15state shall reconvene the State Canvassing Board and present the agreement to it. The
42.16board shall promptly correct the error as specified in the agreement and file an amended
42.17statement. When an error is corrected pursuant to this subdivision by the State Canvassing
42.18Board, the State Canvassing Board and the secretary of state shall proceed in accordance
42.19with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

42.20    Sec. 2. [204E.01] APPLICABILITY.
42.21This chapter establishes procedures for the conduct of all automatic and discretionary
42.22recounts provided for in law.

42.23    Sec. 3. [204E.02] RECOUNT OFFICIALS.
42.24(a) The secretary of state or the secretary of state's designee is the recount official
42.25for recounts conducted by the State Canvassing Board. The county auditor or the county
42.26auditor's designee is the recount official for recounts conducted by the county canvassing
42.27board. The county auditor or the county auditor's designee shall conduct recounts for
42.28county offices. The municipal clerk or the municipal clerk's designee is the recount official
42.29for recounts conducted by the municipal governing body. The school district clerk or
42.30the school district clerk's designee is the recount official for recounts conducted by the
42.31school board, or by a school district canvassing board as provided in section 205A.10,
42.32subdivision 5.
42.33(b) A recount official may delegate the duty to conduct a recount to a county auditor
42.34or municipal clerk by mutual consent. When the person who would otherwise serve as
43.1recount official is a candidate or is the employee or other subordinate, spouse, child,
43.2parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling
43.3of a candidate for the office to be recounted, the appropriate canvassing board shall select
43.4a county auditor or municipal clerk from another jurisdiction to conduct the recount.
43.5(c) As used in this chapter, "legal adviser" means counsel to the recount official and
43.6the canvassing board for the office being recounted.

43.7    Sec. 4. [204E.03] SCOPE OF RECOUNTS.
43.8A recount conducted as provided in this chapter is limited in scope to the
43.9determination of the number of votes validly cast for the office to be recounted. Only the
43.10ballots cast in the election and the summary statements certified by the election judges
43.11may be considered in the recount process. Original ballots that have been duplicated
43.12under section 206.86, subdivision 5, are not within the scope of a recount and must not be
43.13examined except as provided by a court in an election contest under chapter 209.

43.14    Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
43.15    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
43.16between the votes cast for the candidates for nomination to a statewide federal office,
43.17state constitutional office, statewide judicial office, congressional office, state legislative
43.18office, or district judicial office is:
43.19(1) less than one-half of one percent of the total number of votes counted for that
43.20nomination; or
43.21(2) ten votes or less and the total number of votes cast for the nomination is 400
43.22votes or less,
43.23and the difference determines the nomination, the canvassing board with responsibility for
43.24declaring the results for that office shall manually recount the vote.
43.25(b) In a state general election when the difference between the votes of a candidate
43.26who would otherwise be declared elected to a statewide federal office, state constitutional
43.27office, statewide judicial office, congressional office, state legislative office, or district
43.28judicial office and the votes of any other candidate for that office is:
43.29(1) less than one-half of one percent of the total number of votes counted for that
43.30office; or
43.31(2) ten votes or less if the total number of votes cast for the office is 400 votes or less,
43.32the canvassing board shall manually recount the votes.
44.1(c) Time for notice of a contest for an office recounted under this section begins to
44.2run upon certification of the results of the recount by the canvassing board, or as otherwise
44.3provided in section 209.021.
44.4(d) A losing candidate may waive a recount required by this section by filing a
44.5written notice of waiver with the canvassing board.
44.6    Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was
44.7on the ballot for nomination or election to a statewide federal office, state constitutional
44.8office, statewide judicial office, congressional office, state legislative office, or district
44.9judicial office may request a recount in a manner provided in this section at the candidate's
44.10own expense when the vote difference is greater than the difference required by this
44.11section. The votes must be manually recounted as provided in this section if the candidate
44.12files a request during the time for filing notice of contest of the primary or election for
44.13which a recount is sought.
44.14(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
44.15an amount set by the filing officer for the payment of the recount expenses. The requesting
44.16candidate is responsible for the following expenses: the compensation of the secretary of
44.17state or designees and any election judge, municipal clerk, county auditor, administrator,
44.18or other personnel who participate in the recount; necessary supplies and travel related to
44.19the recount; the compensation of the appropriate canvassing board and costs of preparing
44.20for the canvass of recount results; and any attorney fees incurred in connection with the
44.21recount by the governing body responsible for the recount.
44.22(c) The requesting candidate may provide the filing officer with a list of up to three
44.23precincts that are to be recounted first and may waive the balance of the recount after these
44.24precincts have been counted. If the candidate provides a list, the recount official must
44.25determine the expenses for those precincts in the manner provided by paragraph (b).
44.26(d) If the winner of the race is changed by the optional recount, the cost of the
44.27recount must be paid by the jurisdiction conducting the recount.
44.28(e) If a result of the vote counting in the manual recount is different from the result
44.29of the vote counting reported on election day by a margin greater than the standard for
44.30acceptable performance of voting systems provided in section 206.89, subdivision 4, the
44.31cost of the recount must be paid by the jurisdiction conducting the recount.

44.32    Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND
44.33MUNICIPAL ELECTIONS.
44.34    Subdivision 1. Required recounts. (a) Except as provided in paragraph (b), a
44.35losing candidate for nomination or election to a county, municipal, or school district office
45.1may request a recount of the votes cast for the nomination or election to that office if
45.2the difference between the votes cast for that candidate and for a winning candidate for
45.3nomination or election is less than one-half of one percent of the total votes counted for
45.4that office. In case of offices where two or more seats are being filled from among all the
45.5candidates for the office, the one-half of one percent difference is between the elected
45.6candidate with the fewest votes and the candidate with the most votes from among the
45.7candidates who were not elected.
45.8(b) A losing candidate for nomination or election to a county, municipal, or school
45.9district office may request a recount of the votes cast for nomination or election to that
45.10office if the difference between the votes cast for that candidate and for a winning
45.11candidate for nomination or election is ten votes or less, and the total number of votes cast
45.12for the nomination or election of all candidates is no more than 400. In cases of offices
45.13where two or more seats are being filled from among all the candidates for the office,
45.14the ten-vote difference is between the elected candidate with the fewest votes and the
45.15candidate with the most votes from among the candidates who were not elected.
45.16(c) Candidates for county offices shall file a written request for the recount with the
45.17county auditor. Candidates for municipal or school district offices shall file a written
45.18request with the municipal or school district clerk as appropriate. All requests must be
45.19filed during the time for notice of contest of the primary or election for which a recount
45.20is sought.
45.21(d) Upon receipt of a request made pursuant to this section, the county auditor
45.22shall recount the votes for a county office at the expense of the county, the governing
45.23body of the municipality shall recount the votes for a municipal office at the expense of
45.24the municipality, and the school board of the school district shall recount the votes for a
45.25school district office at the expense of the school district.
45.26    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
45.27or election to a county, municipal, or school district office may request a recount in the
45.28manner provided in this section at the candidate's own expense when the vote difference
45.29is greater than the difference required by subdivision 1. The votes must be manually
45.30recounted as provided in this section if the requesting candidate files with the county
45.31auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by
45.32the governing body of the jurisdiction or the school board of the school district for the
45.33payment of the recount expenses.
45.34    (b) The requesting candidate may provide the filing officer with a list of up to three
45.35precincts that are to be recounted first and may waive the balance of the recount after these
46.1precincts have been counted. If the candidate provides a list, the recount official must
46.2determine the expenses for those precincts in the manner provided by this paragraph.
46.3    (c) If the winner of the race is changed by the optional recount, the cost of the
46.4recount must be paid by the jurisdiction conducting the recount.
46.5    (d) If a result of the vote counting in the manual recount is different from the result
46.6of the vote counting reported on election day by a margin greater than the standard for
46.7acceptable performance of voting systems provided in section 206.89, subdivision 4, the
46.8cost of the recount must be paid by the jurisdiction conducting the recount.
46.9    Subd. 3. Discretionary ballot question recounts. A recount may be conducted
46.10for a ballot question when the difference between the votes for and the votes against the
46.11question is less than or equal to the difference provided in subdivision 1. A recount may
46.12be requested by any person eligible to vote on the ballot question. A written request for a
46.13recount must be filed with the filing officer of the county, municipality, or school district
46.14placing the question on the ballot and must be accompanied by a petition containing the
46.15signatures of 25 voters eligible to vote on the question. Upon receipt of a written request
46.16when the difference between the votes for and the votes against the question is less than or
46.17equal to the difference provided in subdivision 1, the county auditor shall recount the votes
46.18for a county question at the expense of the county, the governing body of the municipality
46.19shall recount the votes for a municipal question at the expense of the municipality, and the
46.20school board of the school district shall recount the votes for a school district question at
46.21the expense of the school district. If the difference between the votes for and the votes
46.22against the question is greater than the difference provided in subdivision 1, the person
46.23requesting the recount shall also file with the filing officer of the county, municipality, or
46.24school district a bond, cash, or surety in an amount set by the appropriate governing body
46.25for the payment of recount expenses. The written request, petition, and any bond, cash,
46.26or surety required must be filed during the time for notice of contest for the election for
46.27which the recount is requested.
46.28    Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a
46.29discretionary recount, is responsible for the following expenses: the compensation of the
46.30secretary of state, or designees, and any election judge, municipal clerk, county auditor,
46.31administrator, or other personnel who participate in the recount; necessary supplies and
46.32travel related to the recount; the compensation of the appropriate canvassing board and
46.33costs of preparing for the canvass of recount results; and any attorney fees incurred in
46.34connection with the recount by the governing body responsible for the recount.
46.35    Subd. 5. Notice of contest. Except as otherwise provided in section 209.021, the
46.36time for notice of contest of a nomination or election to an office which is recounted
47.1pursuant to this section begins to run upon certification of the results of the recount by the
47.2appropriate canvassing board or governing body.

47.3    Sec. 7. [204E.06] NOTICE.
47.4Within 24 hours after determining that an automatic recount is required or within 48
47.5hours of receipt of a written request for a recount and filing of a security deposit if one is
47.6required, the official in charge of the recount shall send notice to the candidates for the
47.7office to be recounted and the county auditor of each county wholly or partially within
47.8the election district. The notice must include the date, starting time, and location of the
47.9recount, the office to be recounted, and the name of the official performing the recount.
47.10The notice must state that the recount is open to the public and, in case of an automatic
47.11recount, that the losing candidate may waive the recount.

47.12    Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.
47.13(a) The official who has custody of the voted ballots is responsible for keeping
47.14secure all election materials. Registration cards of voters who registered on election day
47.15may be processed as required by rule. All other election materials must be kept secure by
47.16precinct as returned by the election judges until all recounts have been completed and until
47.17the time for contest of election has expired.
47.18(b) Any candidate for an office to be recounted may have all materials relating
47.19to the election, including, but not limited to, polling place rosters, voter registration
47.20applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes,
47.21applications for absentee ballots, precinct summary statements, printouts from voting
47.22machines, and precinct incident logs inspected before the canvassing board may certify
47.23the results of the recount.

47.24    Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
47.25All recounts must be accessible to the public. In a multicounty recount the secretary
47.26of state may locate the recount in one or more of the election jurisdictions or at the site of
47.27the canvassing board. Each election jurisdiction where a recount is conducted shall make
47.28available, without charge to the recount official or body conducting the recount, adequate
47.29accessible space and all necessary equipment and facilities.

47.30    Sec. 10. [204E.09] GENERAL PROCEDURES.
47.31At the opening of a recount, the recount official or legal adviser shall present the
47.32procedures contained in this section for the recount. The custodian of the ballots shall
48.1make available to the recount official the precinct summary statements, the precinct boxes
48.2or the sealed containers of voted ballots, and any other election materials requested by the
48.3recount official. If the recount official needs to leave the room for any reason, the recount
48.4official must designate a deputy recount official to preside during the recount official's
48.5absence. A recount official must be in the room at all times. The containers of voted ballots
48.6must be unsealed and resealed within public view. No ballots or election materials may be
48.7handled by candidates, their representatives, or members of the public. There must be an
48.8area of the room from which the public may observe the recount. Cell phones and video
48.9cameras may be used in this public viewing area, as long as their use is not disruptive. The
48.10recount official shall arrange the counting of the ballots so that the candidates and their
48.11representatives may observe the ballots as they are recounted. Candidates may each have
48.12one representative observe the sorting of each precinct. One additional representative per
48.13candidate may observe the ballots when they have been sorted and are being counted
48.14pursuant to section 204E.10. Candidates may have additional representatives in the public
48.15viewing area of the room. If other election materials are handled or examined by the
48.16recount officials, the candidates and their representatives may observe them. The recount
48.17official shall ensure that public observation does not interfere with the counting of the
48.18ballots. The recount official shall prepare a summary of the recount vote by precinct.

48.19    Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
48.20    Subdivision 1. Breaks in counting process. Recount officials may not take a break
48.21for a meal or for the day prior to the completion of the sorting, counting, review, and
48.22labeling of challenges, and secure storage of the ballots for any precinct. All challenged
48.23ballots must be stored securely during breaks in the counting process.
48.24    Subd. 2. Sorting ballots. Ballots must be recounted by precinct. The recount
48.25official shall open the sealed container of ballots and recount them in accordance with
48.26section 204C.22. The recount official must review each ballot and sort the ballots into
48.27piles based upon the recount official's determination as to which candidate, if any, the
48.28voter intended to vote for: one pile for each candidate that is the subject of the recount
48.29and one pile for all other ballots.
48.30    Subd. 3. Challenge. During the sorting, a candidate or candidate's representative
48.31may challenge the ballot if he or she disagrees with the recount official's determination of
48.32for whom the ballot should be counted and whether there are identifying marks on the
48.33ballot. At a recount of a ballot question, the manner in which a ballot is counted may
48.34be challenged by the person who requested the recount or that person's representative.
48.35Challenges may not be automatic or frivolous and the challenger must state the basis
49.1for the challenge pursuant to section 204C.22. Challenged ballots must be placed into
49.2separate piles, one for ballots challenged by each candidate. Only the canvassing board
49.3with responsibility to certify the results of the recount has the authority to declare a
49.4challenge to be "frivolous."
49.5    Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must
49.6count the piles using the stacking method described in section 204C.21. A candidate or
49.7candidate's representative may immediately request to have a pile of 25 counted a second
49.8time if there is not agreement as to the number of votes in the pile.
49.9    Subd. 5. Reviewing and labeling challenged ballots. After the ballots from
49.10a precinct have been counted, the recount official may review the challenged ballots
49.11with the candidate or the candidate's representative. The candidate's representative may
49.12choose to withdraw any challenges previously made. The precinct name, the reason
49.13for the challenge, and the name of the person challenging the ballot or the candidate
49.14that person represents, and a sequential number must be marked on the back of each
49.15remaining challenged ballot before it is placed in an envelope marked "Challenged
49.16Ballots." After the count of votes for the precinct has been determined, all ballots except
49.17the challenged ballots must be resealed in the ballot envelopes and returned with the other
49.18election materials to the custodian of the ballots. The recount official may make copies
49.19of the challenged ballots. After the count of votes for all precincts has been determined
49.20during that day of counting, the challenged ballot envelope must be sealed and kept secure
49.21for presentation to the canvassing board.

49.22    Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
49.23    Subdivision 1. Certification of results. The recount official shall present the
49.24summary statement of the recount and any challenged ballots to the canvassing board.
49.25The candidate or candidate's representative who made the challenge may present the
49.26basis for the challenge to the canvassing board. The canvassing board shall rule on the
49.27challenged ballots and incorporate the results into the summary statement. The canvassing
49.28board shall certify the results of the recount. Challenged ballots must be returned to the
49.29election official who has custody of the ballots.
49.30    Subd. 2. Tie votes. In case of a tie vote for nomination or election to an office, the
49.31canvassing board with the responsibility for declaring the results for that office shall
49.32determine the tie by lot.

49.33    Sec. 13. [204E.12] SECURITY DEPOSIT.
50.1When a bond, cash, or surety for recount expenses is required by section 204E.04
50.2or 204E.05, the governing body or recount official shall set the amount of the security
50.3deposit at an amount which will cover expected recount expenses. In multicounty districts,
50.4the secretary of state shall set the amount taking into consideration the expenses of the
50.5election jurisdictions in the district and the expenses of the secretary of state. The security
50.6deposit must be filed during the period for requesting an administrative recount. In
50.7determining the expenses of the recount, only the actual recount expenditures incurred
50.8by the recount official and the election jurisdiction in conducting the recount may be
50.9included. General office and operating costs may not be taken into account.

50.10    Sec. 14. REVISOR'S INSTRUCTION.
50.11Except where otherwise amended by this article, the revisor of statutes shall
50.12renumber each section of Minnesota Statutes listed in column A with the number listed in
50.13column B. The revisor shall make necessary cross-reference changes consistent with the
50.14renumbering.

50.15	Column A	Column B
50.16	204C.34	204E.11, subdivision 2
50.17	204C.35	204E.04
50.18	204C.36	204E.05

50.19    Sec. 15. REPEALER.
50.20Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are
50.21repealed.

50.22    Sec. 16. EFFECTIVE DATE.
50.23This article is effective June 1, 2011, and applies to recounts conducted on or after
50.24that date."
50.25Delete the title and insert:
50.27relating to elections; requiring voters to provide picture identification before
50.28receiving a ballot in most situations; providing for the issuance of voter
50.29identification cards at no charge; establishing a procedure for provisional
50.30balloting; creating challenged voter eligibility list; specifying other election
50.31administration procedures; allowing use of electronic polling place rosters;
50.32setting standards for use of electronic polling place rosters; creating legislative
50.33task force on electronic roster implementation; enacting procedures related to
50.34recounts; appropriating money;amending Minnesota Statutes 2010, sections
50.355B.06; 13.69, subdivision 1; 135A.17, subdivision 2; 171.07, subdivisions
50.364, 9, by adding a subdivision; 200.02, by adding a subdivision; 201.021;
50.37201.022, subdivision 1; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3;
50.38201.081; 201.121, subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04,
51.1subdivisions 1, 2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14,
51.2subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.20,
51.3subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1;
51.4204C.32; 204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, subdivision
51.52; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision
51.64; 205A.10, subdivision 3; 206.86, subdivisions 1, 2; 209.021, subdivision
51.71; 209.06, subdivision 1; 211B.11, subdivision 1; 611A.32, subdivision 3;
51.8proposing coding for new law in Minnesota Statutes, chapters 200; 201; 204C;
51.9proposing coding for new law as Minnesota Statutes, chapters 204E; 206A;
51.10repealing Minnesota Statutes 2010, sections 203B.04, subdivision 3; 204C.34;
51.11204C.35; 204C.36; 204C.361."