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 171.01, is amended by adding a subdivision
2.11to read:
2.12    Subd. 51. Voter identification card. "Voter identification card" means a card
2.13issued or issuable under the laws of this state by the commissioner of public safety that
2.14denotes citizenship, identity, and residence address and may be used as identification
2.15and proof of residence for election day voter registration and for voting on election day,
2.16but for no other purpose.

2.17    Sec. 3. Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read:
2.18    Subdivision 1. Forms of application. Every application for a Minnesota
2.19identification card, for an enhanced identification card, for an instruction permit, for
2.20a provisional license, for a driver's license, or for an enhanced driver's license, or for a
2.21voter identification card must be made in a format approved by the department, and every
2.22application, except for an application for a voter identification card, must be accompanied
2.23by the proper fee. All first-time applications and change-of-status applications must be
2.24signed in the presence of the person authorized to accept the application, or the signature
2.25on the application may be verified by a notary public. All applications requiring evidence
2.26of legal presence in the United States or United States citizenship must be signed in
2.27the presence of the person authorized to accept the application, or the signature on the
2.28application may be verified by a notary public.

2.29    Sec. 4. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
2.30    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
2.31as follows:

2.32	Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
2.33	Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
3.1	Enhanced Driver's License		D-$37.25	C-$41.25	B-$48.25	A-$56.25
3.2	Instruction Permit					$10.25
3.3 3.4	Enhanced Instruction Permit					$25.25
3.5	Provisional License					$13.25
3.6 3.7	Enhanced Provisional License					$28.25
3.8 3.9 3.10	Duplicate License or duplicate identification card					$11.75
3.11 3.12 3.13 3.14	Enhanced Duplicate License or enhanced duplicate identification card					$26.75
3.15 3.16 3.17 3.18 3.19 3.20 3.21	Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25
3.22 3.23	Enhanced Minnesota identification card					$31.25

3.24    In addition to each fee required in this paragraph, the commissioner shall collect a
3.25surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
3.26credited to the driver and vehicle services technology account in the special revenue fund
3.27under section 299A.705.
3.28    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
3.29has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
3.30169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
3.31violations, and (3) convictions for moving violations that are not crash related, shall have a
3.32$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
3.33has the meaning given it in section 171.04, subdivision 1.
3.34    (c) In addition to the driver's license fee required under paragraph (a), the
3.35commissioner shall collect an additional $4 processing fee from each new applicant
3.36or individual renewing a license with a school bus endorsement to cover the costs for
3.37processing an applicant's initial and biennial physical examination certificate. The
3.38department shall not charge these applicants any other fee to receive or renew the
3.39endorsement.
3.40(d) The commissioner shall not collect any fee or surcharge for a voter identification
3.41card.

3.42    Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:
4.1    Subd. 3. Contents of license application; other information. (a) An application
4.2for a Minnesota identification card, enhanced identification card, instruction permit,
4.3provisional license, driver's license, or enhanced driver's license must:
4.4    (1) state the full name, date of birth, sex, and either (i) the residence address of the
4.5applicant, or (ii) designated address under section 5B.05;
4.6    (2) as may be required by the commissioner, contain a description of the applicant
4.7and any other facts pertaining to the applicant, the applicant's driving privileges, and the
4.8applicant's ability to operate a motor vehicle with safety;
4.9    (3) state:
4.10    (i) the applicant's Social Security number; or
4.11    (ii) if the applicant does not have a Social Security number and is applying for a
4.12Minnesota identification card, instruction permit, or class D provisional or driver's license,
4.13that the applicant certifies that the applicant does not have a Social Security number;
4.14    (4) in the case of an application for an enhanced driver's license or enhanced
4.15identification card, present:
4.16(i) proof satisfactory to the commissioner of the applicant's full legal name, United
4.17States citizenship, identity, date of birth, Social Security number, and residence address;
4.18and
4.19(ii) a photographic identity document;
4.20(5) contain a space where the applicant may indicate a desire to make an anatomical
4.21gift according to paragraph (b);
4.22    (6) contain a notification to the applicant of the availability of a living will/health
4.23care directive designation on the license under section 171.07, subdivision 7; and
4.24(7) contain a space where the applicant may request a veteran designation on the
4.25license under section 171.07, subdivision 15, and the driving record under section 171.12,
4.26subdivision 5a.
4.27    (b) If the applicant does not indicate a desire to make an anatomical gift when
4.28the application is made, the applicant must be offered a donor document in accordance
4.29with section 171.07, subdivision 5. The application must contain statements sufficient to
4.30comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
4.31Act, chapter 525A, so that execution of the application or donor document will make
4.32the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
4.33desire to make an anatomical gift. The application must be accompanied by information
4.34describing Minnesota laws regarding anatomical gifts and the need for and benefits of
4.35anatomical gifts, and the legal implications of making an anatomical gift, including the
4.36law governing revocation of anatomical gifts. The commissioner shall distribute a notice
5.1that must accompany all applications for and renewals of a driver's license or Minnesota
5.2identification card. The notice must be prepared in conjunction with a Minnesota organ
5.3procurement organization that is certified by the federal Department of Health and Human
5.4Services and must include:
5.5    (1) a statement that provides a fair and reasonable description of the organ donation
5.6process, the care of the donor body after death, and the importance of informing family
5.7members of the donation decision; and
5.8    (2) a telephone number in a certified Minnesota organ procurement organization that
5.9may be called with respect to questions regarding anatomical gifts.
5.10    (c) The application must be accompanied also by information containing relevant
5.11facts relating to:
5.12    (1) the effect of alcohol on driving ability;
5.13    (2) the effect of mixing alcohol with drugs;
5.14    (3) the laws of Minnesota relating to operation of a motor vehicle while under the
5.15influence of alcohol or a controlled substance; and
5.16    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
5.17for alcohol-related violations.

5.18    Sec. 6. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision
5.19to read:
5.20    Subd. 3b. Application for voter identification card. An application for a voter
5.21identification card, including a renewal or duplicate card, or a new card required as a
5.22result of change of address, must:
5.23(1) state the applicant's full legal name, date of birth, sex, residence address, and
5.24Social Security number;
5.25(2) describe the applicant in the manner the commissioner deems necessary;
5.26(3) be accompanied by proof satisfactory to the commissioner of the applicant's
5.27United States citizenship;
5.28(4) state the length of residence at the applicant's current address; and
5.29(5) present a photographic identity document or affirm under penalty of perjury that
5.30the applicant has a religious objection to the use of a photographic image.

5.31    Sec. 7. Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to read:
5.32    Subdivision 1. Definitions. For purposes of this section:
6.1(1) "applicant" means an individual applying for a driver's license, provisional
6.2license, restricted license, duplicate license, instruction permit, Minnesota identification
6.3card, voter identification card, or motorized bicycle operator's permit; and
6.4(2) "application" refers to an application for a driver's license, provisional license,
6.5restricted license, duplicate license, instruction permit, Minnesota identification card,
6.6 voter identification card, or motorized bicycle operator's permit.

6.7    Sec. 8. Minnesota Statutes 2010, section 171.061, subdivision 3, is amended to read:
6.8    Subd. 3. Application. An applicant may file an application with an agent. The
6.9agent shall receive and accept applications in accordance with the laws and rules of the
6.10Department of Public Safety for a driver's license, restricted license, duplicate license,
6.11instruction permit, Minnesota identification card, voter identification card, or motorized
6.12bicycle operator's permit.

6.13    Sec. 9. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
6.14    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of
6.15$5 for each application, except for an application for a voter identification card, for
6.16which no filing fee may be charged. Except as provided in paragraph (b), the fee shall
6.17cover all expenses involved in receiving, accepting, or forwarding to the department the
6.18applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions
6.192 and 2a ; and 171.07, subdivisions 3 and 3a.
6.20(b) The department shall maintain the photo identification equipment for all
6.21agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
6.22discontinuance of an existing agent, and if a new agent is appointed in an existing office
6.23pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
6.24Rules, part 7404.0400, the department shall provide and maintain photo identification
6.25equipment without additional cost to a newly appointed agent in that office if the office
6.26was provided the equipment by the department before January 1, 2000. All photo
6.27identification equipment must be compatible with standards established by the department.
6.28(c) A filing fee retained by the agent employed by a county board must be paid into
6.29the county treasury and credited to the general revenue fund of the county. An agent who
6.30is not an employee of the county shall retain the filing fee in lieu of county employment
6.31or salary and is considered an independent contractor for pension purposes, coverage
6.32under the Minnesota State Retirement System, or membership in the Public Employees
6.33Retirement Association.
7.1(d) Before the end of the first working day following the final day of the reporting
7.2period established by the department, the agent must forward to the department all
7.3applications and fees collected during the reporting period except as provided in paragraph
7.4(c). The department shall transmit payment to the agent of $5 for each application for a
7.5voter identification card. An agent employed by a county board shall remit the payments
7.6to the county under paragraph (c) and all other agents may retain the payments.

7.7    Sec. 10. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read:
7.8    Subd. 1a. Filing photograph or image; data classification. The department
7.9shall file, or contract to file, all photographs or electronically produced images obtained
7.10in the process of issuing drivers' licenses or, Minnesota identification cards, or voter
7.11identification cards. The photographs or electronically produced images shall be private
7.12data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision
7.133 , the department shall not be required to provide copies of photographs or electronically
7.14produced images to data subjects. The use of the files is restricted:
7.15    (1) to the issuance and control of drivers' licenses and voter identification cards;
7.16    (2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
7.17investigation and prosecution of crimes, service of process, enforcement of no contact
7.18orders, location of missing persons, investigation and preparation of cases for criminal,
7.19juvenile, and traffic court, and supervision of offenders;
7.20    (3) to public defenders, as defined in section 611.272, for the investigation and
7.21preparation of cases for criminal, juvenile, and traffic courts; and
7.22    (4) to child support enforcement purposes under section 256.978.

7.23    Sec. 11. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision
7.24to read:
7.25    Subd. 3b. Voter identification cards. (a) A voter identification card must be
7.26issued to a qualifying applicant who, on the election day next occurring after the date of
7.27issuance, will meet the voter eligibility requirements of the Minnesota State Constitution
7.28and statutes, and who does not possess a current Minnesota driver's license or Minnesota
7.29identification card.
7.30(b) A voter identification card must bear a distinguishing number assigned to the
7.31applicant; the applicant's full name and date of birth; the applicant's address of residence;
7.32a description of the applicant in the manner as the commissioner deems necessary; the
7.33date of the card's expiration; and the usual signature of the applicant. The card must bear
7.34a colored photograph or an electronically produced image of the applicant, or, for an
8.1applicant who has affirmed a religious objection under section 171.06, subdivision 3b,
8.2clause (5), the card must bear the words "Valid without photograph."
8.3(c) A voter identification card shall not be valid identification for purposes unrelated
8.4to voting in Minnesota.
8.5(d) A voter identification card must be of a different color scheme than a Minnesota
8.6driver's license or state identification card, but must incorporate the same information and
8.7security features as provided in subdivision 9.
8.8(e) Each voter identification card must be plainly marked: "Voter Identification –
8.9Not a driver's license. Valid Identification Only for Voting."

8.10    Sec. 12. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:
8.11    Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision,
8.12the expiration date of Minnesota identification cards and voter identification cards of
8.13applicants under the age of 65 shall be the birthday of the applicant in the fourth year
8.14following the date of issuance of the card.
8.15(b) Minnesota identification cards and voter identification cards issued to applicants
8.16age 65 or over shall be valid for the lifetime of the applicant.
8.17(c) The expiration date for an Under-21 identification card is the cardholder's 21st
8.18birthday. The commissioner shall issue an identification card to a holder of an Under-21
8.19identification card who applies for the card, pays the required fee, and presents proof of
8.20identity and age, unless the commissioner determines that the applicant is not qualified
8.21for the identification card.

8.22    Sec. 13. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:
8.23    Subd. 9. Improved security. The commissioner shall develop new Drivers'
8.24licenses and, identification cards, to be issued beginning January 1, 1994, that and voter
8.25identification cards must be as impervious to alteration as is reasonably practicable in their
8.26design and quality of material and technology. The driver's license security laminate
8.27shall be made from materials not readily available to the general public. The design and
8.28technology employed must enable the driver's license and identification card to be subject
8.29to two or more methods of visual verification capable of clearly indicating the presence
8.30of tampering or counterfeiting. The driver's license and identification card must not be
8.31susceptible to reproduction by photocopying or simulation and must be highly resistant
8.32to data or photograph substitution and other tampering.

8.33    Sec. 14. Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to read:
9.1    Subd. 14. Use of Social Security number. An applicant's Social Security number
9.2must not be displayed, encrypted, or encoded on the driver's license or, Minnesota
9.3identification card, voter identification card, or included in a magnetic strip or bar code
9.4used to store data on the license or, Minnesota identification card, or voter identification
9.5card. The Social Security number must not be used as a Minnesota driver's license or,
9.6identification, or voter identification number.

9.7    Sec. 15. Minnesota Statutes 2010, section 171.071, is amended to read:
9.8171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD, OR
9.9VOTER IDENTIFICATION CARD.
9.10    Subdivision 1. Religious objection. Notwithstanding the provisions of section
9.11171.07 , the commissioner of public safety may adopt rules to permit identification on a
9.12driver's license or, Minnesota identification card, or voter identification card in lieu of
9.13a photograph or electronically produced image where the commissioner finds that the
9.14licensee has religious objections to the use of a photograph or electronically produced
9.15image.
9.16    Subd. 2. Certain head wear permitted. If an accident involving a head injury,
9.17serious illness, or treatment of the illness has resulted in hair loss by an applicant for a
9.18driver's license or, identification card, or voter identification card, the commissioner shall
9.19permit the applicant to wear a hat or similar head wear in the photograph or electronically
9.20produced image. The hat or head wear must be of an appropriate size and type to allow
9.21identification of the holder of the license or card and must not obscure the holder's face.
9.22    Subd. 3. Exception. Subdivisions 1 and 2 do not apply to the commissioner's
9.23requirements pertaining to a photograph or electronically produced image on an enhanced
9.24driver's license or an enhanced identification card.

9.25    Sec. 16. Minnesota Statutes 2010, section 171.11, is amended to read:
9.26171.11 DUPLICATE LICENSE OR VOTER IDENTIFICATION CARD;
9.27CHANGE OF DOMICILE OR NAME.
9.28    Subdivision 1. Duplicate driver's license. When any person, after applying for or
9.29receiving a driver's license, shall change permanent domicile from the address named in
9.30such application or in the license issued to the person, or shall change a name by marriage
9.31or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's
9.32license upon a form furnished by the department and pay the required fee. The application
9.33or duplicate license shall show both the licensee's old address and new address or the
9.34former name and new name as the case may be.
10.1    Subd. 2. Duplicate voter identification card. A voter identification cardholder who
10.2changes residence address or name from the address or name stated on the card shall not
10.3present the card for voting purposes, but must apply for a duplicate voter identification card
10.4upon a form furnished by the department. The application for duplicate voter identification
10.5card must show the cardholder's former address and current address, along with length of
10.6residence at the current address, and the former name and current name, as applicable.

10.7    Sec. 17. Minnesota Statutes 2010, section 171.14, is amended to read:
10.8171.14 CANCELLATION.
10.9    (a) The commissioner may cancel any driver's license or voter identification card
10.10upon determination that (1) the licensee or cardholder was not entitled to the issuance of
10.11the license or card, (2) the licensee or cardholder failed to give the required or correct
10.12information in the application, (3) the licensee or cardholder committed any fraud or
10.13deceit in making the application, or (4) the person, at the time of the cancellation, would
10.14not have been entitled to receive a license under section 171.04, or a cardholder under
10.15section 171.07.
10.16    (b) The commissioner shall cancel the driver's license of a person described in
10.17paragraph (a), clause (3), for 60 days or until the required or correct information has
10.18been provided, whichever is longer.
10.19(c) The commissioner shall cancel the voter identification card of a person described
10.20in paragraph (a) until the person completes the application process under section 171.06,
10.21and complies in all respects with the requirements of the commissioner.
10.22(d) The commissioner shall immediately notify the holder of a voter identification
10.23card of a cancellation of the card. Notification must be by mail, addressed to the
10.24cardholder's last known address, with postage prepaid.

10.25    Sec. 18. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
10.26The following are sufficient proof of identity and residence for purposes of election
10.27day voter registration under section 201.061, subdivision 3, and for determining whether
10.28to count a provisional ballot under section 204C.135, subdivision 2:
10.29(1) a current driver's license, state identification card, or voter identification card
10.30issued to the voter by the Department of Public Safety that contains the voter's current
10.31address of residence in the precinct;
10.32(2) an identification card issued to the voter by the tribal government of a tribe
10.33recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the
10.34voter's current address of residence in the precinct, and any other items of data required to
11.1be contained on a Minnesota identification card, as provided in section 171.07, subdivision
11.23, paragraphs (a) and (b);
11.3(3) an original receipt for a new, renewed, or updated driver's license, state
11.4identification card, or voter identification card issued to the voter under section 171.07
11.5that contains the voter's current address of residence in the precinct along with one of the
11.6following documents, provided that it contains a photograph of the voter:
11.7(i) a driver's license, identification card, or voter identification card that is expired or
11.8does not contain the voter's current address of residence, issued to the voter by the state of
11.9Minnesota or any other state or territory of the United States;
11.10(ii) a United States passport, issued to the voter;
11.11(iii) an identification card issued by a branch, department, agency, entity, or
11.12subdivision of Minnesota or the federal government;
11.13(iv) an identification card issued by an accredited postsecondary institution with
11.14a campus located within Minnesota, if a list of students from that institution has been
11.15prepared under section 135A.17 and certified to the county auditor in the manner provided
11.16in rules of the secretary of state; or
11.17(v) an identification card issued to the voter by the tribal government of a tribe
11.18recognized by the Bureau of Indian Affairs;
11.19(4) if the voter is a student, a driver's license or identification card issued by
11.20Minnesota or any other state or territory of the United States that does not contain
11.21the voter's current address of residence, along with a current student fee statement that
11.22contains the student's valid address of residence in the precinct; or
11.23(5) if the voter resides in a shelter facility designated for battered women, as defined
11.24in section 611A.37, subdivision 4, a driver's license or identification card issued to the
11.25voter by the Department of Public Safety that contains the voter's photograph and address
11.26of residence prior to seeking the services of the shelter facility, along with a certification
11.27of residence in the facility, signed by the facility's administrator on a form prescribed
11.28by the secretary of state.

11.29    Sec. 19. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD
11.30ACCOUNT.
11.31A state-subsidized voter identification card account is established in the special
11.32revenue fund. Money in the account is appropriated by law to the Department of Public
11.33Safety for purposes of providing state-subsidized voter identification cards to individuals
11.34qualifying under this section 171.07, subdivision 3b, provided that the department may not
11.35be reimbursed more than $9.85 for each card issued. The commissioner of public safety
12.1must report to the legislature at least monthly by county on expenditure of funds from this
12.2account. A report of the total expenditures by county must be submitted to the members of
12.3the house and senate committees with oversight in elections by January 31 of each year.

12.4    Sec. 20. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
12.5    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
12.6register on election day by appearing in person at the polling place for the precinct in
12.7which the individual maintains residence, by completing a registration application, making
12.8an oath in the form prescribed by the secretary of state and providing proof of identity and
12.9residence. An individual may prove identity and residence for purposes of registering by:
12.10presenting documentation as permitted by section 200.035.
12.11    (1) presenting a driver's license or Minnesota identification card issued pursuant
12.12to section 171.07;
12.13    (2) presenting any document approved by the secretary of state as proper
12.14identification;
12.15    (3) presenting one of the following:
12.16    (i) a current valid student identification card from a postsecondary educational
12.17institution in Minnesota, if a list of students from that institution has been prepared under
12.18section 135A.17 and certified to the county auditor in the manner provided in rules of
12.19the secretary of state; or
12.20    (ii) a current student fee statement that contains the student's valid address in the
12.21precinct together with a picture identification card; or
12.22    (4) having a voter who is registered to vote in the precinct, or who is an employee
12.23employed by and working in a residential facility in the precinct and vouching for a
12.24resident in the facility, sign an oath in the presence of the election judge vouching that the
12.25voter or employee personally knows that the individual is a resident of the precinct. A
12.26voter who has been vouched for on election day may not sign a proof of residence oath
12.27vouching for any other individual on that election day. A voter who is registered to vote in
12.28the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
12.29does not apply to an employee of a residential facility described in this clause. The
12.30secretary of state shall provide a form for election judges to use in recording the number
12.31of individuals for whom a voter signs proof-of-residence oaths on election day. The
12.32form must include space for the maximum number of individuals for whom a voter may
12.33sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
12.34a statement that the voter is registered to vote in the precinct, personally knows that the
13.1individual is a resident of the precinct, and is making the statement on oath. The form must
13.2include a space for the voter's printed name, signature, telephone number, and address.
13.3    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
13.4attached to the voter registration application.
13.5    (b) The operator of a residential facility shall prepare a list of the names of its
13.6employees currently working in the residential facility and the address of the residential
13.7facility. The operator shall certify the list and provide it to the appropriate county auditor
13.8no less than 20 days before each election for use in election day registration.
13.9    (c) "Residential facility" means transitional housing as defined in section 256E.33,
13.10subdivision 1 ; a supervised living facility licensed by the commissioner of health under
13.11section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
13.125 ; a residence registered with the commissioner of health as a housing with services
13.13establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
13.14the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
13.15licensed by the commissioner of human services to provide a residential program as
13.16defined in section 245A.02, subdivision 14; a residential facility for persons with a
13.17developmental disability licensed by the commissioner of human services under section
13.18252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
13.19for battered women as defined in section 611A.37, subdivision 4; or a supervised
13.20publicly or privately operated shelter or dwelling designed to provide temporary living
13.21accommodations for the homeless.
13.22    (d) For tribal band members, an individual may prove residence for purposes of
13.23registering by:
13.24    (1) presenting an identification card issued by the tribal government of a tribe
13.25recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
13.26contains the name, address, signature, and picture of the individual; or
13.27    (2) presenting an identification card issued by the tribal government of a tribe
13.28recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
13.29contains the name, signature, and picture of the individual and also presenting one of the
13.30documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
13.31    (e) (b) A county, school district, or municipality may must require that an election
13.32judge responsible for election day registration initial sign each completed registration
13.33application.

13.34    Sec. 21. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
14.1    Subd. 3. Procedures for polling place rosters. The secretary of state shall
14.2prescribe the form of polling place rosters that include the voter's name, address, date of
14.3birth, school district number, and space for the voter's signature. The address listed on
14.4the polling place roster must be the voter's address of residence, unless the voter has
14.5requested that the address printed on the roster be the voter's mailing address because
14.6the voter is a judge, or a law enforcement or corrections officer. The secretary of state
14.7may prescribe additional election-related information to be placed on the polling place
14.8rosters on an experimental basis for one state primary and general election cycle; the same
14.9information may not be placed on the polling place roster for a second state primary and
14.10general election cycle unless specified in this subdivision. The polling place roster must
14.11be used to indicate whether the voter has voted in a given election. The secretary of state
14.12shall prescribe procedures for transporting the polling place rosters to the election judges
14.13for use on election day. The secretary of state shall prescribe the form for a county or
14.14municipality to request the date of birth from currently registered voters. The county or
14.15municipality shall not request the date of birth from currently registered voters by any
14.16communication other than the prescribed form and the form must clearly indicate that a
14.17currently registered voter does not lose registration status by failing to provide the date of
14.18birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
14.19polling place rosters used on the date of election for 22 months following the election.

14.20    Sec. 22. Minnesota Statutes 2010, section 204C.10, is amended to read:
14.21204C.10 PERMANENT REGISTRATION; VERIFICATION OF
14.22REGISTRATION.
14.23    Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a
14.24polling place roster which states that the individual is at least 18 years of age, a citizen
14.25of the United States, has resided in Minnesota for 20 days immediately preceding the
14.26election, maintains residence at the address shown, is not under a guardianship in which
14.27the court order revokes the individual's right to vote, has not been found by a court of
14.28law to be legally incompetent to vote or has the right to vote because, if the individual
14.29was convicted of a felony, the felony sentence has expired or been completed or the
14.30individual has been discharged from the sentence, is registered and has not already voted
14.31in the election. The roster must also state: "I understand that deliberately providing false
14.32information is a felony punishable by not more than five years imprisonment and a fine of
14.33not more than $10,000, or both."
14.34(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the
14.35voter to present a photo identification document, as described in subdivision 2; and (2)
15.1confirm the applicant's name, address, and date of birth. A voter who cannot produce
15.2sufficient identification as required by subdivision 2 may not sign the polling place roster,
15.3but may cast a provisional ballot, as provided in section 204C.135.
15.4(c) After the applicant signs the roster, the judge shall give the applicant a voter's
15.5receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
15.6of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
15.7voters' receipts must be maintained during the time for notice of filing an election contest
15.8for 36 months following the date of the election.
15.9    Subd. 2. Photo identification. (a) To satisfy the photo identification requirement
15.10in subdivision 1, a voter must present a valid form of one of the following documents
15.11or sets of documents, issued to the voter:
15.12(1) a Minnesota driver's license state identification card, or voter identification card
15.13issued under section 171.07 that contains the voter's current address of residence in the
15.14precinct;
15.15(2)(i) an original receipt for a new, renewed, or updated driver's license, state
15.16identification card, or voter identification card issued to the voter under section 171.07 that
15.17contains the voter's current address of residence in the precinct; and
15.18(ii) a driver's license, identification card, or a voter identification card that is
15.19expired, invalidated, or does not contain the voter's current address of residence in the
15.20precinct, issued to the voter by the state of Minnesota or any other state or territory of
15.21the United States;
15.22(3) an identification card issued by the tribal government of a tribe recognized
15.23by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's
15.24current address of residence in the precinct, and any other items of data required to be
15.25contained on a Minnesota identification card, as provided in section 171.07, subdivision 3,
15.26paragraphs (a) and (b); or
15.27(4) if the voter resides in a shelter facility designated for battered women, as defined
15.28in section 611A.37, subdivision 4, a driver's license or identification card issued to the
15.29voter by the Department of Public Safety that contains the voter's photograph and address
15.30of residence prior to seeking the services of the shelter facility, along with a certification
15.31of residence in the facility, signed by the facility's administrator on a form prescribed
15.32by the secretary of state.
15.33(b) An identification card presented under this section is not deficient for a lack of
15.34the voter's current address of residence in the precinct if the identification card contains the
15.35mailing address of the voter and that matches the address listed on the polling place roster.

16.1    Sec. 23. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
16.2    Subd. 3. Determination of residence. In determining the legal residence of a
16.3challenged individual, the election judges shall be governed by the principles contained in
16.4section 200.031. If the challenged individual's answers to the questions show ineligibility
16.5to vote in that precinct, the individual shall not be allowed to vote. If the individual has
16.6marked ballots but not yet deposited them in the ballot boxes before the election judges
16.7determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
16.8with the spoiled ballots. If the answers to the questions fail to show that the individual is
16.9not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
16.10shall verbally administer the oath on the voter certificate to the individual. After taking the
16.11oath and completing and signing the voter certificate, the challenged individual shall be
16.12allowed to vote permit the voter to cast a provisional ballot, in the manner provided in
16.13section 204C.135.

16.14    Sec. 24. [204C.135] PROVISIONAL BALLOTS.
16.15    Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to
16.16vote are entitled to cast a provisional ballot in the manner provided by this section:
16.17(1) a voter who is unable to provide proper photo identification as required by
16.18section 204C.10;
16.19(2) a voter whose registration status is listed as "challenged" on the polling place
16.20roster; and
16.21(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
16.22(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
16.23and complete a provisional ballot envelope. The envelope must contain a space for the
16.24voter to list the voter's name, address of residence, date of birth, voter identification
16.25number, and any other information prescribed by the secretary of state. The voter must
16.26also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
16.27in the same election, and meets the criteria for registering to vote in the precinct in which
16.28the voter appears.
16.29Once the voter has completed the provisional ballot envelope, the voter must be
16.30allowed to cast a provisional ballot. The provisional ballot must be in the same form
16.31as the official ballot available in the precinct on election day. A completed provisional
16.32ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
16.33the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
16.34provisional ballot box. Completed provisional ballots may not be combined with other
16.35voted ballots in the polling place.
17.1(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
17.2the secretary of state. The provisional ballot envelope must be a color other than that
17.3provided for absentee ballot envelopes and must be prominently labeled "Provisional
17.4Ballot Envelope."
17.5(d) Provisional ballots and related documentation shall be delivered to and securely
17.6maintained by the county auditor or municipal clerk in the same manner as required for
17.7other election materials under sections 204C.27 to 204C.28.
17.8    Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
17.9the polling place may personally appear before the county auditor or municipal clerk no
17.10later than seven calendar days following the election to prove that the voter's provisional
17.11ballot should be counted. The county auditor or municipal clerk must count a provisional
17.12ballot in the final certified results from the precinct if:
17.13(1) the statewide voter registration system indicates that the voter is eligible to vote
17.14or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
17.15(2) the voter presents proof of identity and residence in the precinct in the manner
17.16permitted by section 200.035.
17.17(b) If a voter does not appear before the county auditor or municipal clerk within
17.18seven calendar days following the election or otherwise does not satisfy the requirements
17.19of paragraph (a), or if the data listed on the items of identification presented by the voter
17.20does not match the data submitted by the voter on the provisional ballot envelope, the
17.21voter's provisional ballot must not be counted.
17.22(c) The county auditor or municipal clerk must notify, in writing, any provisional
17.23voter who does not appear within seven calendar days of the election that the voter's
17.24provisional ballot was not counted because of the voter's failure to appear before the
17.25county auditor or municipal clerk within the time permitted by law to determine whether
17.26the provisional ballot should be counted.
17.27    Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
17.28ballots in the final vote totals from a precinct, the county auditor must verify that the
17.29number of signatures appearing on the provisional ballot roster from that precinct is equal
17.30to or greater than the number of accepted provisional ballots submitted by voters in
17.31the precinct on election day. Any discrepancy must be resolved before the provisional
17.32ballots from the precinct may be counted. Excess provisional ballots must be randomly
17.33withdrawn in the manner required by section 204C.20, subdivision 2, after the period for a
17.34voter to appear to prove residence and identity has expired and the ballots to be counted
17.35have been separated from the provisional ballot envelopes.

18.1    Sec. 25. Minnesota Statutes 2010, section 204C.14, is amended to read:
18.2204C.14 UNLAWFUL VOTING; PENALTY.
18.3No individual shall intentionally:
18.4(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot
18.5in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be
18.6counted, or attempting to vote by means of a voting machine or electronic voting system;
18.7(b) vote more than once at the same election;
18.8(c) put a ballot in a ballot box for any illegal purpose;
18.9(d) give more than one ballot of the same kind and color to an election judge to
18.10be placed in a ballot box;
18.11(e) aid, abet, counsel or procure another to go into any precinct for the purpose
18.12of voting in that precinct, knowing that the other individual is not eligible to vote in
18.13that precinct; or
18.14(f) aid, abet, counsel or procure another to do any act in violation of this section.
18.15A violation of this section is a felony.

18.16    Sec. 26. Minnesota Statutes 2010, section 204C.32, is amended to read:
18.17204C.32 CANVASS OF STATE PRIMARIES.
18.18    Subdivision 1. County canvass. The county canvassing board shall meet at the
18.19county auditor's office on the third eighth day following the state primary. After taking the
18.20oath of office, the canvassing board shall publicly canvass the election returns delivered
18.21to the county auditor. The board shall complete the canvass on the third eighth day
18.22following the state primary and shall promptly prepare and file with the county auditor
18.23a report that states:
18.24(a) the number of individuals voting at the election in the county, and in each
18.25precinct;
18.26(b) the number of individuals registering to vote on election day and the number of
18.27individuals registered before election day in each precinct;
18.28(c) for each major political party, the names of the candidates running for each
18.29partisan office and the number of votes received by each candidate in the county and in
18.30each precinct;
18.31(d) the names of the candidates of each major political party who are nominated; and
18.32(e) the number of votes received by each of the candidates for nonpartisan office in
18.33each precinct in the county and the names of the candidates nominated for nonpartisan
18.34office.
19.1Upon completion of the canvass, the county auditor shall mail or deliver a notice of
19.2nomination to each nominee for county office voted for only in that county. The county
19.3auditor shall transmit one of the certified copies of the county canvassing board report
19.4for state and federal offices to the secretary of state by express mail or similar service
19.5immediately upon conclusion of the county canvass. The secretary of state shall mail a
19.6notice of nomination to each nominee for state or federal office.
19.7    Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of
19.8State's Office seven 14 days after the state primary to canvass the certified copies of the
19.9county canvassing board reports received from the county auditors. Immediately after
19.10the canvassing board declares the results, the secretary of state shall certify the names of
19.11the nominees to the county auditors. The secretary of state shall mail to each nominee
19.12a notice of nomination.

19.13    Sec. 27. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
19.14    Subdivision 1. County canvass. The county canvassing board shall meet at the
19.15county auditor's office between the third eighth and tenth 14th days following the state
19.16general election. After taking the oath of office, the board shall promptly and publicly
19.17canvass the general election returns delivered to the county auditor. Upon completion of
19.18the canvass, the board shall promptly prepare and file with the county auditor a report
19.19which states:
19.20(a) the number of individuals voting at the election in the county and in each precinct;
19.21(b) the number of individuals registering to vote on election day and the number of
19.22individuals registered before election day in each precinct;
19.23(c) the names of the candidates for each office and the number of votes received by
19.24each candidate in the county and in each precinct;
19.25(d) the number of votes counted for and against a proposed change of county lines
19.26or county seat; and
19.27(e) the number of votes counted for and against a constitutional amendment or other
19.28question in the county and in each precinct.
19.29The result of write-in votes cast on the general election ballots must be compiled by
19.30the county auditor before the county canvass, except that write-in votes for a candidate for
19.31federal, state, or county office must not be counted unless the candidate has timely filed a
19.32request under section 204B.09, subdivision 3. The county auditor shall arrange for each
19.33municipality to provide an adequate number of election judges to perform this duty or the
19.34county auditor may appoint additional election judges for this purpose. The county auditor
19.35may open the envelopes or containers in which the voted ballots have been sealed in order
20.1to count and record the write-in votes and must reseal the voted ballots at the conclusion
20.2of this process. The county auditor must prepare a separate report of votes received by
20.3precinct for write-in candidates for federal, state, and county offices who have requested
20.4under section 204B.09 that votes for those candidates be tallied.
20.5Upon completion of the canvass, the county canvassing board shall declare the
20.6candidate duly elected who received the highest number of votes for each county and state
20.7office voted for only within the county. The county auditor shall transmit a certified
20.8copy of the county canvassing board report for state and federal offices to the secretary
20.9of state by messenger, express mail, or similar service immediately upon conclusion of
20.10the county canvass.

20.11    Sec. 28. Minnesota Statutes 2010, section 204C.37, is amended to read:
20.12204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
20.13STATE.
20.14A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
20.15subdivision 1 , shall be certified under the official seal of the county auditor. The copy shall
20.16be enclosed in an envelope addressed to the secretary of state, with the county auditor's
20.17name and official address and the words "Election Returns" endorsed on the envelope.
20.18The copy of the canvassing board report and the precinct summary statements must be
20.19sent by express mail or delivered to the secretary of state. If the copy is not received by
20.20the secretary of state within ten days following the applicable election a primary election,
20.21or within 16 days following a general election, the secretary of state shall immediately
20.22notify the county auditor, who shall deliver another copy to the secretary of state by
20.23special messenger.

20.24    Sec. 29. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
20.25    Subd. 5. Results. The municipal primary shall be conducted and the returns made in
20.26the manner provided for the state primary so far as practicable. On the third eighth day
20.27after the primary, the governing body of the municipality shall canvass the returns, and the
20.28two candidates for each office who receive the highest number of votes, or a number of
20.29candidates equal to twice the number of individuals to be elected to the office, who receive
20.30the highest number of votes, shall be the nominees for the office named. Their names shall
20.31be certified to the municipal clerk who shall place them on the municipal general election
20.32ballot without partisan designation and without payment of an additional fee.

20.33    Sec. 30. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
21.1    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
21.2Between the third eighth and tenth 14th days after an election, the governing body of a
21.3city conducting any election including a special municipal election, or the governing body
21.4of a town conducting the general election in November shall act as the canvassing board,
21.5canvass the returns, and declare the results of the election. The governing body of a town
21.6conducting the general election in March shall act as the canvassing board, canvass the
21.7returns, and declare the results of the election within two ten days after an election.
21.8(b) After the time for contesting elections has passed, the municipal clerk shall issue a
21.9certificate of election to each successful candidate. In case of a contest, the certificate shall
21.10not be issued until the outcome of the contest has been determined by the proper court.
21.11(c) In case of a tie vote, the canvassing board having jurisdiction over the
21.12municipality shall determine the result by lot. The clerk of the canvassing board shall
21.13certify the results of the election to the county auditor, and the clerk shall be the final
21.14custodian of the ballots and the returns of the election.

21.15    Sec. 31. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
21.16    Subd. 4. Results. The school district primary must be conducted and the returns
21.17made in the manner provided for the state primary as far as practicable. On the third eighth
21.18day after the primary, the school board of the school district shall canvass the returns,
21.19and the two candidates for each specified school board position who receive the highest
21.20number of votes, or a number of candidates equal to twice the number of individuals to be
21.21elected to at-large school board positions who receive the highest number of votes, are
21.22the nominees for the office named. Their names must be certified to the school district
21.23clerk who shall place them on the school district general election ballot without partisan
21.24designation and without payment of an additional fee.

21.25    Sec. 32. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
21.26    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between
21.27the third eighth and tenth 14th days after a school district election other than a recount of a
21.28special election conducted under section 126C.17, subdivision 9, or 475.59, the school
21.29board shall canvass the returns and declare the results of the election. After the time for
21.30contesting elections has passed, the school district clerk shall issue a certificate of election
21.31to each successful candidate. If there is a contest, the certificate of election to that office
21.32must not be issued until the outcome of the contest has been determined by the proper
21.33court. If there is a tie vote, the school board shall determine the result by lot. The clerk
21.34shall deliver the certificate of election to the successful candidate by personal service or
22.1certified mail. The successful candidate shall file an acceptance and oath of office in
22.2writing with the clerk within 30 days of the date of mailing or personal service. A person
22.3who fails to qualify prior to the time specified shall be deemed to have refused to serve,
22.4but that filing may be made at any time before action to fill the vacancy has been taken.
22.5The school district clerk shall certify the results of the election to the county auditor, and
22.6the clerk shall be the final custodian of the ballots and the returns of the election.
22.7A school district canvassing board shall perform the duties of the school board
22.8according to the requirements of this subdivision for a recount of a special election
22.9conducted under section 126C.17, subdivision 9, or 475.59.

22.10    Sec. 33. PUBLIC EDUCATION CAMPAIGN.
22.11The commissioner of administration shall contract for the production and
22.12implementation of a statewide public educational campaign related to the voter
22.13identification requirements of this article. The campaign must inform voters of the
22.14requirements for identification when voting, methods of securing sufficient identification,
22.15including securing a free voter identification card if necessary, and the process for
22.16provisional balloting for voters unable to meet the identification requirements on election
22.17day. The secretary of state may consult with the vendor in coordinating material related
22.18to the campaign, but the secretary, the secretary's staff, and any other documents or
22.19materials promoting the office of the secretary of state may not appear visually or audibly
22.20in any advertising or promotional items disseminated by the vendor as part of the public
22.21education campaign.
22.22$....... is appropriated in fiscal year 2012 and $....... is appropriated in fiscal year
22.232013 from the general fund to the commissioner of administration for purposes of
22.24implementing this section.
22.25EFFECTIVE DATE.This section is effective the day following final enactment.

22.26    Sec. 34. APPROPRIATION.
22.27(a) $709,000 is appropriated in fiscal year 2013 from the general fund to the
22.28state-subsidized identification card account for purposes of providing state-subsidized
22.29identification cards to individuals qualifying under Minnesota Statutes, section 171.07,
22.30subdivision 3b.
22.31(b) $...... is appropriated in fiscal year 2012 to the secretary of state from the Help
22.32America Vote Act account and $....... is appropriated in fiscal year 2013 to the secretary of
22.33state from the general fund for purposes of implementing the requirements of this act.

23.1    Sec. 35. EFFECTIVE DATE.
23.2Except where otherwise provided, this article is effective June 1, 2012, and applies
23.3to elections held on or after that date.


23.6    Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to
23.7read:
23.8    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
23.9accepting state or federal financial aid may prepare a current list of students enrolled in the
23.10institution and residing in the institution's housing or within ten miles of the institution's
23.11campus. The list shall include each student's current address. The list shall be certified and
23.12sent to the appropriate county auditor or auditors, in an electronic format approved by the
23.13secretary of state, for use in election day registration as provided under section 201.061,
23.14subdivision 3 . A residential housing list provided under this subdivision may not be used
23.15or disseminated by a county auditor or the secretary of state for any other purpose.

23.16    Sec. 2. Minnesota Statutes 2010, section 201.021, is amended to read:
23.17201.021 PERMANENT REGISTRATION SYSTEM.
23.18A permanent system of voter registration by county is established, with a single,
23.19official, centralized, interactive computerized statewide voter registration list defined,
23.20maintained, and administered at the state level that contains the name and registration
23.21information of every legally registered voter in the state, and assigns a unique identifier
23.22to each legally registered voter in the state. The unique identifier shall be permanently
23.23assigned to the voter and may not be changed or reassigned to another voter. The
23.24interactive computerized statewide voter registration list constitutes the official list of every
23.25legally registered voter in the state. The county auditor shall be chief registrar of voters
23.26and the chief custodian of the official registration records in each county. The secretary of
23.27state is responsible for defining, maintaining, and administering the centralized system.

23.28    Sec. 3. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
23.29    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
23.30voter registration system to facilitate voter registration and to provide a central database
23.31containing voter registration information from around the state. The system must be
23.32accessible to the county auditor of each county in the state. The system must also:
24.1(1) provide for voters to submit their voter registration applications to any county
24.2auditor, the secretary of state, or the Department of Public Safety;
24.3(2) provide for the definition, establishment, and maintenance of a central database
24.4for all voter registration information;
24.5(3) provide for entering data into the statewide registration system;
24.6(4) provide for electronic transfer of completed voter registration applications from
24.7the Department of Public Safety to the secretary of state or the county auditor;
24.8(5) assign a unique, permanent identifier to each legally registered voter in the state;
24.9(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
24.10state identification number, and last four digits of the Social Security number for each
24.11voter record;
24.12(7) coordinate with other agency databases within the state;
24.13(8) allow county auditors and the secretary of state to add or modify information in
24.14the system to provide for accurate and up-to-date records;
24.15(9) allow county auditors, municipal and school district clerks, and the secretary
24.16of state to have electronic access to the statewide registration system for review and
24.17search capabilities;
24.18(10) provide security and protection of all information in the statewide registration
24.19system and ensure that unauthorized access is not allowed;
24.20(11) provide access to municipal clerks to use the system;
24.21(12) provide a system for each county to identify the precinct to which a voter
24.22should be assigned for voting purposes;
24.23(13) provide daily reports accessible by county auditors on the driver's license
24.24numbers, state identification numbers, or last four digits of the Social Security numbers
24.25submitted on voter registration applications that have been verified as accurate by the
24.26secretary of state; and
24.27(14) provide reports on the number of absentee ballots transmitted to and returned
24.28and cast by voters under section 203B.16; and
24.29(15) provide reports on individuals who are not registered and believed to be
24.30ineligible to vote, to the extent permitted by federal law.
24.31The appropriate state or local official shall provide security measures to prevent
24.32unauthorized access to the computerized list established under section 201.021.

24.33    Sec. 4. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:
24.34    Subd. 4. Registration by election judges; procedures. Registration at the polling
24.35place on election day shall be conducted by the election judges. Before registering an
25.1individual to vote at the polling place, the election judge must review any list of absentee
25.2election day registrants provided by the county auditor or municipal clerk to see if the
25.3person has already voted by absentee ballot. If the person's name appears on the list, the
25.4election judge must not allow the individual to register or to vote in the polling place. The
25.5election judges shall also review the list of individuals believed to be ineligible to vote
25.6using the electronic roster, or a paper list provided by the county auditor or municipal clerk.
25.7The election judge who registers an individual at the polling place on election day shall not
25.8handle that voter's ballots at any time prior to the opening of the ballot box after the voting
25.9ends. Registration applications and forms for oaths shall be available at each polling place.
25.10If an individual who registers on election day proves residence by oath of a registered
25.11voter, the form containing the oath shall be attached to the individual's registration
25.12application. Registration applications completed on election day shall be forwarded to the
25.13county auditor who shall add the name of each voter to the registration system unless the
25.14information forwarded is substantially deficient. A county auditor who finds an election
25.15day registration substantially deficient shall give written notice to the individual whose
25.16registration is found deficient. An election day registration shall not be found deficient
25.17solely because the individual who provided proof of residence was ineligible to do so.

25.18    Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
25.19    Subd. 7. Record of attempted registrations. The election judge responsible for
25.20election day registration shall attempt to keep a record of the number of individuals who
25.21attempt to register on election day but who cannot provide proof of residence as required
25.22by this section. The record shall be forwarded to the county auditor with the election
25.23returns for that precinct.

25.24    Sec. 6. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
25.25    Subd. 3. Deficient registration. No voter registration application is deficient if it
25.26contains the voter's name, address, date of birth, current and valid Minnesota driver's
25.27license number or Minnesota state identification number, or if the voter has no current and
25.28valid Minnesota driver's license or Minnesota state identification number, the last four
25.29digits of the voter's Social Security number, if the voter has been issued a Social Security
25.30number, prior registration, if any, and signature. The absence of a zip code number does
25.31not cause the registration to be deficient. Failure to check a box on an application form
25.32that a voter has certified to be true does not cause the registration to be deficient. The
25.33election judges shall request an individual to correct a voter registration application if it is
25.34deficient or illegible. No eligible voter may be prevented from voting unless the voter's
26.1registration application is deficient or the voter is duly and successfully challenged in
26.2accordance with section 201.195 or 204C.12.
26.3    A voter registration application accepted prior to August 1, 1983, is not deficient for
26.4lack of date of birth. The county or municipality may shall attempt to obtain the date of
26.5birth for a voter registration application accepted prior to August 1, 1983, by a request to
26.6the voter at any time except at the polling place. Failure by the voter to comply with this
26.7request does not make the registration deficient.
26.8    A voter registration application accepted before January 1, 2004, is not deficient for
26.9lack of a valid Minnesota driver's license or state identification number, voter identification
26.10card number, or the last four digits of a Social Security number. A voter registration
26.11application submitted by a voter who does not have a Minnesota driver's license or state
26.12identification number, voter identification card number, or a Social Security number, is not
26.13deficient for lack of any of these numbers.

26.14    Sec. 7. Minnesota Statutes 2010, section 201.081, is amended to read:
26.15201.081 REGISTRATION FILES.
26.16    The statewide registration system is the official record of registered voters. The voter
26.17registration applications and the terminal providing access to the statewide registration
26.18system must be under the control of the county auditor or the public official to whom the
26.19county auditor has delegated the responsibility for maintaining voter registration records.
26.20The voter registration applications and terminals providing access to the statewide
26.21registration system must not be removed from the control of the county auditor except
26.22as provided in this section. The county auditor may make photographic copies of voter
26.23registration applications in the manner provided by section 138.17.
26.24    A properly completed voter registration application that has been submitted to the
26.25secretary of state or a county auditor must be maintained by the secretary of state or
26.26the county auditor for at least 22 36 months after the date that the information on the
26.27application is entered into the database of the statewide registration system. The secretary
26.28of state or the county auditor may dispose of the applications after retention for 22 36
26.29months in the manner provided by section 138.17.

26.30    Sec. 8. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
26.31    Subdivision 1. Entry of registration information. (a) At the time a voter
26.32registration application is properly completed, submitted, and received in accordance with
26.33sections 201.061 and 201.071, the county auditor shall enter the information contained on
26.34it into the statewide registration system. Voter registration applications completed before
27.1election day must be entered into the statewide registration system within ten days after
27.2they have been submitted to the county auditor. Voter registration applications completed
27.3on election day must be entered into the statewide registration system within 42 days after
27.4the election, unless the county auditor notifies the secretary of state before the 42-day
27.5deadline has expired that the deadline will not be met.
27.6(b) Upon receiving a completed voter registration application, the secretary of state
27.7may electronically transmit the information on the application to the appropriate county
27.8auditor as soon as possible for review by the county auditor before final entry into the
27.9statewide registration system. The secretary of state may mail the voter registration
27.10application to the county auditor.
27.11(c) Within ten days after the county auditor has entered information from a voter
27.12registration application into the statewide registration system, the secretary of state shall
27.13compare the voter's name, date of birth, and driver's license number, state identification
27.14number, voter identification card number, or the last four digits of the Social Security
27.15number with the same information contained in the Department of Public Safety database.
27.16(d) The secretary of state shall provide a report to the county auditor on a weekly
27.17basis that includes a list of voters whose name, date of birth, or identification number have
27.18been compared with the same information in the Department of Public Safety database
27.19and cannot be verified as provided in this subdivision. The report must list separately
27.20those voters who have submitted a voter registration application by mail and have not
27.21voted in a federal election in this state.
27.22(e) The county auditor shall compile a list of voters for whom the county auditor
27.23and the secretary of state are unable to conclude that information on the voter registration
27.24application and the corresponding information in the Department of Public Safety database
27.25relate to the same person.
27.26(f) The county auditor shall send a notice of incomplete registration to any voter
27.27whose name appears on the list and change the voter's status to "incomplete." A voter who
27.28receives a notice of incomplete registration from the county auditor may either provide
27.29the information required to complete the registration at least 21 days before the next
27.30election or at the polling place on election day.

27.31    Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
27.32    Subd. 3. Postelection sampling. Within ten days after an election, the county
27.33auditor shall send the notice required by subdivision 2 to a random sampling of the
27.34individuals registered on election day. The random sampling shall be determined in
27.35accordance with the rules of the secretary of state. As soon as practicable after the
28.1election, but no later than January 1 of the following year, the county auditor shall mail
28.2the notice required by subdivision 2 to all other individuals registered on election day.
28.3If a notice is returned as not deliverable, the county auditor shall attempt to determine
28.4the reason for the return. A county auditor who does not receive or obtain satisfactory
28.5proof of an individual's eligibility to vote shall immediately notify the county attorney of
28.6all of the relevant information and the secretary of state of the numbers by precinct. By
28.7March 1 of every odd-numbered year, the secretary of state shall report to the chair and
28.8ranking minority members of the legislative committees with jurisdiction over elections
28.9the number of notices reported under this subdivision to the secretary of state for the
28.10previous state general election by county and precinct.

28.11    Sec. 10. Minnesota Statutes 2010, section 201.171, is amended to read:
28.12201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
28.13REGISTRATION REMOVED.
28.14    Within six weeks after every election, the county auditor shall post the voting
28.15history for every person who voted in the election. After the close of the calendar year, the
28.16secretary of state shall determine if any registrants have not voted during the preceding
28.17four years. The secretary of state shall perform list maintenance by changing the status of
28.18those registrants to "inactive" in the statewide registration system. The list maintenance
28.19performed must be conducted in a manner that ensures that the name of each registered
28.20voter appears in the official list of eligible voters in the statewide registration system.
28.21A voter must not be removed from the official list of eligible voters unless the voter is
28.22not eligible or is not registered to vote. List maintenance must include procedures for
28.23eliminating duplicate names from the official list of eligible voters.
28.24    The secretary of state shall also prepare a report to the county auditor containing the
28.25names of all registrants whose status was changed to "inactive."
28.26    Registrants whose status was changed to "inactive" must register in the manner
28.27specified in section 201.054 before voting in any primary, special primary, general, school
28.28district, or special election, as required by section 201.018.
28.29    Although not counted in an election, a late or rejected absentee or mail ballot must
28.30be considered a vote for the purpose of continuing registration under this section, but is
28.31not considered voting history for the purpose of public information lists available under
28.32section 201.091, subdivision 4.

28.33    Sec. 11. [201.197] CHALLENGED ELIGIBILITY LIST.
29.1(a) The secretary of state shall maintain an electronic database of individuals not
29.2registered and who are believed to be ineligible to vote under section 201.014, subdivision
29.32. The database may be maintained as a module of the statewide voter registration system,
29.4if permitted by federal law, or maintained as a separate database, and at a minimum must
29.5include an individual's name, address of residence, date of birth, the reason the individual
29.6is believed to be ineligible to vote and, if available, the individual's driver's license or
29.7state identification card number, or the last four digits of the individual's Social Security
29.8number. Entries in the database shall be compiled using data submitted to the secretary of
29.9state under this chapter, and other sources as the secretary may determine appropriate.
29.10(b) An elections official processing a voter registration application must verify
29.11whether the individual listed on the application is included in the database of individuals
29.12known to be ineligible to vote. If the individual is listed in the database, the voter
29.13registration application may be accepted, but the voter's status must be listed as
29.14"challenged." An election judge processing a voter registration application submitted by a
29.15voter in a polling place on election day must verify the application using the electronic
29.16roster, or if the polling place does not have an electronic roster, using a paper list provided
29.17by the county auditor. A paper list used for verification in a polling place may be limited to
29.18only those individuals known to be residents of the county in which the precinct is located.

29.19    Sec. 12. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
29.20    Subd. 3. Procedures for polling place rosters. The secretary of state shall
29.21prescribe the form of polling place rosters that include the voter's name, address, date of
29.22birth, school district number, and space for the voter's signature. The secretary of state
29.23may prescribe additional election-related information to be placed on the polling place
29.24rosters on an experimental basis for one state primary and general election cycle; the same
29.25information may not be placed on the polling place roster for a second state primary and
29.26general election cycle unless specified in this subdivision. The polling place roster must
29.27be used to indicate whether the voter has voted in a given election. The secretary of state
29.28shall prescribe procedures for transporting the polling place rosters to the election judges
29.29for use on election day. The secretary of state shall prescribe the form for a county or
29.30municipality to request the date of birth from currently registered voters. The county or
29.31municipality shall not request the date of birth from currently registered voters by any
29.32communication other than the prescribed form and the form must clearly indicate that a
29.33currently registered voter does not lose registration status by failing to provide the date of
29.34birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
29.35polling place rosters used on the date of election for 22 36 months following the election.

30.1    Sec. 13. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
30.2    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
30.3subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
30.4any election may be submitted at any time not less than one day before the day of that
30.5election. The county auditor shall prepare absentee ballot application forms in the format
30.6provided by the secretary of state and shall furnish them to any person on request. By
30.7January 1 of each even-numbered year, the secretary of state shall make the forms to be
30.8used available to auditors through electronic means. An application submitted pursuant to
30.9this subdivision shall be in writing and shall be submitted to:
30.10    (1) the county auditor of the county where the applicant maintains residence; or
30.11    (2) the municipal clerk of the municipality, or school district if applicable, where
30.12the applicant maintains residence.
30.13    (b) An application shall be approved if it is timely received, signed and dated by the
30.14applicant, and contains:
30.15(1) the applicant's name and residence and mailing addresses,;
30.16(2) the applicant's date of birth, and at least one of the following:;
30.17(3) the applicant's Minnesota driver's license number, Minnesota state identification
30.18card number, or Minnesota voter identification card number; and
30.19(4) the last four digits of the applicant's Social Security number or a statement that
30.20the applicant does not have a Social Security number.
30.21(1) the applicant's Minnesota driver's license number;
30.22(2) Minnesota state identification card number;
30.23(3) the last four digits of the applicant's Social Security number; or
30.24(4) a statement that the applicant does not have any of these numbers.
30.25To be approved, the application must state that the applicant is eligible to vote by
30.26absentee ballot for one of the reasons specified in section 203B.02, and must contain an
30.27oath that the information contained on the form is accurate, that the applicant is applying
30.28on the applicant's own behalf, and that the applicant is signing the form under penalty
30.29of perjury.
30.30Prior to approval, the county auditor or municipal clerk must verify that the
30.31Minnesota driver's license, state identification card number, or voter identification card
30.32number submitted by an applicant is valid and assigned to that applicant. An application
30.33that contains a driver's license or identification card number that is invalid or not assigned
30.34to the applicant must be rejected. The county auditor or municipal clerk must also verify
30.35that the applicant does not appear on any lists of known ineligible voters maintained by
30.36the county auditor or municipal clerk, or provided to the county auditor or municipal clerk
31.1by the secretary of state. When verifying eligibility, the county auditor or municipal
31.2clerk must use the same standards and process as used for individuals appearing in the
31.3polling place on election day, except that an applicant is not required to appear in person
31.4or present photo identification meeting the standards of section 204C.10, subdivision 2.
31.5(c) An applicant's full date of birth, Minnesota driver's license or, state identification,
31.6or voter identification card number, and the last four digits of the applicant's Social
31.7Security number must not be made available for public inspection. An application may be
31.8submitted to the county auditor or municipal clerk by an electronic facsimile device. An
31.9application mailed or returned in person to the county auditor or municipal clerk on behalf
31.10of a voter by a person other than the voter must be deposited in the mail or returned in
31.11person to the county auditor or municipal clerk within ten days after it has been dated by
31.12the voter and no later than six days before the election. The absentee ballot applications
31.13or a list of persons applying for an absentee ballot may not be made available for public
31.14inspection until the close of voting on election day.
31.15    An application under this subdivision may contain an application under subdivision
31.165 to automatically receive an absentee ballot application.

31.17    Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
31.18    Subd. 2. Health care patient. An eligible voter who on the day before an election
31.19becomes a resident or patient in a health care facility or hospital located in the municipality
31.20in which the eligible voter maintains residence may apply for absentee ballots on election
31.21day if the voter:
31.22(a) requests an application form by telephone from the municipal clerk not later than
31.235:00 p.m. on the day before election day; or
31.24(b) submits an absentee ballot application to the election judges engaged in
31.25delivering absentee ballots pursuant to section 203B.11.

31.26    Sec. 15. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
31.27    Subd. 5. Preservation of records. An application for absentee ballots shall be
31.28dated by the county auditor or municipal clerk when it is received and shall be initialed
31.29when absentee ballots are mailed or delivered to the applicant. All applications shall be
31.30preserved by the county auditor or municipal clerk for 22 36 months.

31.31    Sec. 16. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
31.32    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
31.33county, municipality, and school district with responsibility to accept and reject absentee
32.1ballots must, by ordinance or resolution, establish a ballot board. The board must consist
32.2of a sufficient number of election judges trained in the handling of absentee ballots and
32.3appointed as provided in sections 204B.19 to 204B.22. The board may include staff
32.4trained as election judges.
32.5(b) Each jurisdiction must pay a reasonable compensation to each member of that
32.6jurisdiction's ballot board for services rendered during an election.
32.7(c) A ballot board may only meet to perform its duties under this chapter during the
32.8period in which completed absentee ballots are accepted for an election. The time and
32.9place of each meeting must be scheduled, announced, and posted on the Web site of the
32.10governing body of the county, municipality, or school district at least 14 days prior to
32.11convening the first meeting of the ballot board for an election. If the governing body of
32.12the county, municipality, or school district does not have a Web site, the time and place
32.13of each meeting must be posted, in writing, on the principle bulletin board of the body.
32.14Meetings of the ballot board must be convened at the same time and in the same location.
32.15The ballot board must also meet on any day during which the county or municipal offices
32.16are open for the purposes of conducting election business prior to an election. A ballot
32.17board may not meet except during regularly scheduled meetings announced and posted as
32.18required by this paragraph.
32.19(d) Except as otherwise provided by this section, all provisions of the Minnesota
32.20Election Law apply to a ballot board.

32.21    Sec. 17. Minnesota Statutes 2010, section 204B.40, is amended to read:
32.22204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
32.23DISPOSITION; INSPECTION OF BALLOTS.
32.24The county auditors, municipal clerks, and school district clerks shall retain all
32.25election materials returned to them after any election for at least 22 36 months from
32.26the date of that election. All election materials involved in a contested election must be
32.27retained for 22 36 months or until the contest has been finally determined, whichever is
32.28later. Abstracts filed by canvassing boards shall be retained permanently by any officer
32.29with whom those abstracts are filed. Election materials no longer required to be retained
32.30pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.
32.31Sealed envelopes containing voted ballots must be retained unopened, except as provided
32.32in this section, in a secure location. The county auditor, municipal clerk, or school district
32.33clerk shall not permit any voted ballots to be tampered with or defaced.
32.34After the time for filing a notice of contest for an election has passed, the secretary
32.35of state may, for the purpose of monitoring and evaluating election procedures: (1)
33.1open the sealed ballot envelopes and inspect the ballots for that election maintained by
33.2the county auditors, municipal clerks, or school district clerks; (2) inspect the polling
33.3place rosters and completed voter registration applications; or (3) examine other forms
33.4required in the Minnesota election laws for use in the polling place. No inspected ballot or
33.5document may be marked or identified in any manner. After inspection, all ballots must be
33.6returned to the ballot envelope and the ballot envelope must be securely resealed. Any
33.7other election materials inspected or examined must be secured or resealed. No polling
33.8place roster may be inspected until the voting history for that precinct has been posted.
33.9No voter registration application may be inspected until the information on it has been
33.10entered into the statewide registration system.

33.11    Sec. 18. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
33.12    Subdivision 1. Determination of proper number. The election judges shall
33.13determine the number of ballots to be counted by adding the number of return envelopes
33.14from accepted absentee ballots to the number of signed voter's certificates, or to the
33.15number of names entered in the election register counting the number of original voter
33.16signatures contained in the polling place roster, or on voter's receipts generated from an
33.17electronic roster. The election judges may not count the number of voter receipts collected
33.18in the precinct as a substitute for counting original voter signatures unless the voter
33.19receipts contain the name, voter identification number, and signature of the voter to whom
33.20the receipt was issued. The election judges shall then remove all the ballots from the box.
33.21Without considering how the ballots are marked, the election judges shall ascertain that
33.22each ballot is separate and shall count them to determine whether the number of ballots in
33.23the box corresponds with the number of ballots to be counted.

33.24    Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
33.25    Subd. 2. Excess ballots. If two or more ballots are found folded together like
33.26a single ballot, the election judges shall lay them aside until all the ballots in the box
33.27have been counted. If it is evident from the number of ballots to be counted that the
33.28ballots folded together were cast by one voter, the election judges shall preserve but not
33.29count them. If the number of ballots in one box exceeds the number to be counted, the
33.30election judges shall examine all the ballots in the box to ascertain that all are properly
33.31marked with the initials of the election judges. If any ballots are not properly marked with
33.32the initials of the election judges, the election judges shall preserve but not count them;
33.33however, if the number of ballots does not exceed the number to be counted, the absence
33.34of either or both sets of initials of the election judges does not, by itself, disqualify the
34.1vote from being counted and must not but may be the basis of a challenge in a recount.
34.2If there is still an excess of properly marked ballots, the election judges shall replace
34.3them in the box, and one election judge, without looking, shall withdraw from the box
34.4a number of ballots equal to the excess. The withdrawn ballots shall not be counted but
34.5shall be preserved as provided in subdivision 4.

34.6    Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
34.7    Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees
34.8with the number of ballots to be counted, those ballots not counted shall be clearly marked
34.9"excess" on the front of the ballot and attached to a certificate made by the election judges
34.10which states the number of ballots not counted and why the ballots they were not counted.
34.11The certificate and uncounted ballots shall be sealed in a separate envelope and returned
34.12to clearly marked "excess ballots." The election judges shall sign their names over the
34.13envelope seal and return the ballots to the county auditor or municipal or school district
34.14clerk from whom they were received. Tabulation of vote totals from a precinct where
34.15excess ballots were removed from the ballot box shall be completed by the canvassing
34.16board responsible for certifying the election results from that precinct.

34.17    Sec. 21. Minnesota Statutes 2010, section 204C.20, is amended by adding a
34.18subdivision to read:
34.19    Subd. 5. Applicability. The requirements of this section apply regardless of the
34.20voting system or method of tabulation used in a precinct.

34.21    Sec. 22. Minnesota Statutes 2010, section 204C.23, is amended to read:
34.22204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
34.23(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election
34.24judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and
34.25returned as required by section 204C.25.
34.26(b) A ballot that is defective to the extent that the election judges are unable to
34.27determine the voter's intent shall be marked on the back "Defective" if it is totally
34.28defective or "Defective as to ......," naming the office or question if it is defective only in
34.29part. Defective ballots must be placed in an envelope designated for defective ballots from
34.30the precinct, sealed, and returned as required by section 204C.25.
34.31(c) A damaged or defective ballot that requires duplication must be handled as
34.32required by section 206.86, subdivision 5.

35.1    Sec. 23. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
35.2    Subdivision 1. Information requirements. Precinct summary statements shall be
35.3submitted by the election judges in every precinct. For all elections, the election judges
35.4shall complete three or more copies of the summary statements, and each copy shall
35.5contain the following information for each kind of ballot:
35.6(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count
35.7made by the election judges, the number of unofficial ballots made, and the number of
35.8absentee ballots delivered to the precinct;
35.9(b) (2) the number of votes each candidate received or the number of yes and no
35.10votes on each question, the number of undervotes, the number of overvotes, and the
35.11number of defective ballots with respect to each office or question;
35.12(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the
35.13number of absentee ballots rejected, and the number of unused ballots, presuming that the
35.14total count provided on each package of unopened prepackaged ballots is correct;
35.15(4) the number of ballots cast;
35.16(d) (5) the number of individuals who voted at the election in the precinct voter
35.17signatures contained on the polling place roster or on voter receipts generated by an
35.18electronic roster, which must equal the total number of ballots cast in the precinct, as
35.19required by sections 204C.20 and 206.86, subdivision 1;
35.20(6) the number of excess ballots removed by the election judges, as required by
35.21section 204C.20;
35.22(e) (7) the number of voters registering on election day in that precinct; and
35.23(f) (8) the signatures of the election judges who counted the ballots certifying that
35.24all of the ballots cast were properly piled, checked, and counted; and that the numbers
35.25entered by the election judges on the summary statements correctly show the number of
35.26votes cast for each candidate and for and against each question.
35.27At least two copies of the summary statement must be prepared for elections not
35.28held on the same day as the state elections.

35.29    Sec. 24. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
35.30    Subdivision 1. At the voting location Precinct polling locations; duties;
35.31reconciliation. In precincts where an electronic voting system is used, as soon as the polls
35.32are closed the election judges shall secure the voting systems against further voting. They
35.33shall then open the ballot box and count the number of ballot cards ballots or envelopes
35.34containing ballot cards ballots that have been cast to determine that the number of ballot
35.35cards ballots does not exceed the number of voters shown on original voter signatures
36.1contained in the election register or registration file polling place roster or on voter receipts
36.2generated from an electronic roster. The election judges may not count the number of
36.3voter receipts collected in the precinct as a substitute for counting original voter signatures
36.4unless the voter receipts contain the name, voter identification number, and signature of
36.5the voter to whom the receipt was issued. If there is an excess, the judges shall seal the
36.6ballots in a ballot container and transport the container to the county auditor or municipal
36.7clerk who shall process the ballots in the same manner as paper ballots are processed in
36.8section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the
36.9manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total
36.10number of voters must be entered on the forms provided. The judges shall next count the
36.11write-in votes and enter the number of those votes on forms provided for the purpose.

36.12    Sec. 25. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
36.13    Subd. 2. Transportation of ballot cards ballots. The judges shall place all voted
36.14ballot cards, excess ballots, defective ballots, and damaged ballots in the container
36.15provided for transporting them to the counting center. The container must be sealed and
36.16delivered immediately to the counting center by two judges who are not of the same major
36.17political party. The judges shall also deliver to the counting center in a suitable container
36.18the unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued
36.19to the voters and deposited during the day in the ballot box.

36.20    Sec. 26. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
36.21    Subdivision 1. Manner; time; contents. Service of a notice of contest must be
36.22made in the same manner as the service of summons in civil actions. The notice of contest
36.23must specify the grounds on which the contest will be made. The contestant shall serve
36.24notice of the contest on the parties enumerated in this section. Notice must be served and
36.25filed within five days after the canvass is completed in the case of a primary or special
36.26primary or within seven days after the canvass is completed in the case of a special or
36.27general election; except that:
36.28(1) if a contest is based on a deliberate, serious, and material violation of the election
36.29laws which was discovered from the statements of receipts and disbursements required
36.30to be filed by candidates and committees, the action may be commenced and the notice
36.31served and filed within ten days after the filing of the statements in the case of a general
36.32or special election or within five days after the filing of the statements in the case of a
36.33primary or special primary.;
37.1(2) if a notice of contest questions only which party received the highest number
37.2of votes legally cast at the election, a contestee who loses may serve and file a notice of
37.3contest on any other ground during the three days following expiration of the time for
37.4appealing the decision on the vote count; and
37.5(3) if data or documents necessary to determine grounds for a contest, including but
37.6not limited to lists of the names of every voter who participated in an election, are not
37.7available to a candidate or the general public prior to the close of the period for filing a
37.8notice of contest under this section due to nonfeasance, malfeasance, or failure to perform
37.9duties within the time required by statute on the part of the secretary of state, a county
37.10auditor, or other state, county, or municipal election official, a notice of contest may be
37.11served and filed within seven days after the data or documents become available for
37.12inspection by the candidates and the general public.

37.13    Sec. 27. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
37.14    Subdivision 1. Appointment of inspectors. After a contest has been instituted,
37.15either party may have the ballots all materials relating to the election, including, but not
37.16limited to, polling place rosters, voter registration applications, accepted absentee ballot
37.17envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct
37.18summary statements, printouts from voting machines, and precinct incident logs, inspected
37.19before preparing for trial. The party requesting an inspection shall file with the district
37.20court where the contest is brought a verified petition, stating that the case cannot properly
37.21be prepared for trial without an inspection of the ballots and other election materials and
37.22designating the precincts in which an inspection is desired. A judge of the court in which
37.23the contest is pending shall then appoint as many sets of three inspectors for a contest of
37.24any office or question as are needed to count and inspect the ballots expeditiously. One
37.25inspector must be selected by each of the parties to the contest and a third must be chosen
37.26by those two inspectors. If either party neglects or refuses to name an inspector, the judge
37.27shall appoint the inspector. The compensation of inspectors is the same as for referees,
37.28unless otherwise stipulated.

37.29    Sec. 28. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
37.30    Subdivision 1. Soliciting near polling places. A person may not display campaign
37.31material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
37.32a polling place or within 100 feet of the building in which a polling place is situated,
37.33or anywhere on the public property on which a polling place is situated, on primary or
37.34election day to vote for or refrain from voting for a candidate or ballot question. A person
38.1may not provide political badges, political buttons, or other political insignia to be worn at
38.2or about the polling place on the day of a primary or election. A political badge, political
38.3button, or other political insignia may not be worn at or about the polling place on primary
38.4or election day if it is designed to influence voting for or against a particular candidate,
38.5political party, or question on the ballot at the election. This section applies to areas
38.6established by the county auditor or municipal clerk for absentee voting as provided in
38.7chapter 203B.
38.8The secretary of state, county auditor, municipal clerk, or school district clerk may
38.9provide stickers which contain the words "I VOTED" and nothing more. Election judges
38.10may offer a sticker of this type to each voter who has signed the polling place roster
38.11or a voter's receipt.

38.12    Sec. 29. PROPOSED LEGISLATION.
38.13By January 15, 2012, the secretary of state must report to the legislature proposed
38.14legislation to amend matters currently contained in administrative rules as necessary
38.15to implement or make specific this act. To the greatest extent practical, this proposed
38.16legislation must propose codifying into law matters that otherwise would be enacted
38.17through the administrative rulemaking process.
38.18To the extent that codifying matters into law is not practical, the proposed legislation
38.19must direct, by law, specific changes to be made in administrative rules so that no
38.20interpretation of the law by the secretary of state would be necessary, and use of the good
38.21cause rulemaking exemption in Minnesota Statutes, section 14.388 would be appropriate
38.22if the legislature authorizes use of this process.

38.23    Sec. 30. REPEALER.
38.24Minnesota Statutes 2010, sections 203B.04, subdivision 3 is repealed.


38.27    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a
38.28subdivision to read:
38.29    Subd. 12a. Polling place roster. "Polling place roster" means the official lists used
38.30to record a voter's appearance in a polling place on election day, including the list of
38.31registered voters in the precinct, and the list of voters registering on election day. A polling
38.32place roster may be in a printed or electronic format, as permitted by section 201.225.

39.1    Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
39.2    Subd. 3. Procedures for polling place rosters. The secretary of state shall
39.3prescribe the form of polling place rosters that include the voter's name, address, date of
39.4birth, school district number, and space for the voter's signature. A polling place roster
39.5provided in an electronic form must allow for a printed voter's receipt that meets the
39.6standards provided in section 201.225, subdivision 2. The secretary of state may prescribe
39.7additional election-related information to be placed on the polling place rosters on an
39.8experimental basis for one state primary and general election cycle; the same information
39.9may not be placed on the polling place roster for a second state primary and general
39.10election cycle unless specified in this subdivision. The polling place roster must be used
39.11to indicate whether the voter has voted in a given election. The secretary of state shall
39.12prescribe procedures for transporting the polling place rosters to the election judges
39.13for use on election day. The secretary of state shall prescribe the form for a county or
39.14municipality to request the date of birth from currently registered voters. The county or
39.15municipality shall not request the date of birth from currently registered voters by any
39.16communication other than the prescribed form and the form must clearly indicate that a
39.17currently registered voter does not lose registration status by failing to provide the date of
39.18birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
39.19polling place rosters used on the date of election for 22 months following the election.

39.20    Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
39.21    Subdivision 1. Certification of system. (a) A precinct may have a secure network
39.22of two or more computer systems to serve as the precinct's electronic polling place roster.
39.23(b) Precincts may not use an electronic roster until the secretary of state has certified
39.24that the system design and operational procedures are sufficient to prevent any voter from
39.25voting more than once at an election, and to prevent access to the system by unauthorized
39.26individuals.
39.27    Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic
39.28roster must:
39.29(1) be preloaded with data from the statewide voter registration system, including
39.30data on individuals known to be ineligible to vote;
39.31(2) permit all voting information processed by any computer in a precinct to be
39.32immediately accessible to all other computers in the precinct and to be transferred to the
39.33statewide voter registration system on election night or no later than one week after the
39.34election;
40.1(3) provide for a printed voter's receipt, containing the voter's name, address of
40.2residence, date of birth, voter identification number, the oath required by section 204C.10,
40.3and a space for the voter's original signature;
40.4(4) immediately alert the election judge if the electronic roster indicates that a voter
40.5has already voted at the election, is ineligible to vote, does not reside in the precinct, or
40.6the voter's registration status is challenged;
40.7(5) automatically accept and input data from a scanned Minnesota driver's license or
40.8identification card and match the data to an existing voter registration record, and permit
40.9manual input of voter data, if necessary; and
40.10(6) perform any other functions required for the efficient and secure administration
40.11of an election, as required by law.

40.12    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
40.13    Subd. 2. Separate precincts; combined polling place. (a) The following shall
40.14constitute at least one election precinct:
40.15(1) each city ward; and
40.16(2) each town and each statutory city.
40.17(b) A single, accessible, combined polling place may be established no later than
40.18May 1 of any year:
40.19(1) for any city of the third or fourth class, any town, or any city having territory in
40.20more than one county, in which all the voters of the city or town shall cast their ballots;
40.21(2) for two contiguous precincts in the same municipality that have a combined
40.22total of fewer than 500 registered voters;
40.23(3) for up to four contiguous municipalities located entirely outside the metropolitan
40.24area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
40.25(4) for noncontiguous precincts located in one or more counties.
40.26A copy of the ordinance or resolution establishing a combined polling place must
40.27be filed with the county auditor within 30 days after approval by the governing body. A
40.28polling place combined under clause (3) must be approved by the governing body of each
40.29participating municipality. A polling place combined under clause (4) must be approved
40.30by the governing body of each participating municipality and the secretary of state and
40.31may be located outside any of the noncontiguous precincts. A municipality withdrawing
40.32from participation in a combined polling place must do so by filing a resolution of
40.33withdrawal with the county auditor no later than April 1 of any year.
40.34The secretary of state shall provide a separate polling place roster for each precinct
40.35served by the combined polling place unless that precinct uses an electronic roster. A
41.1single set of election judges may be appointed to serve at a combined polling place. The
41.2number of election judges required must be based on the total number of persons voting
41.3at the last similar election in all precincts to be voting at the combined polling place.
41.4Separate ballot boxes must be provided for the ballots from each precinct. The results of
41.5the election must be reported separately for each precinct served by the combined polling
41.6place, except in a polling place established under clause (2) where one of the precincts has
41.7fewer than ten registered voters, in which case the results of that precinct must be reported
41.8in the manner specified by the secretary of state.

41.9    Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
41.10204C.10 PERMANENT REGISTRATION; VERIFICATION OF
41.11REGISTRATION.
41.12(a) An individual seeking to vote shall sign a polling place roster or printed voter's
41.13receipt, generated from an electronic roster which states that the individual is at least
41.1418 years of age, a citizen of the United States, has resided in Minnesota for 20 days
41.15immediately preceding the election, maintains residence at the address shown, is not
41.16under a guardianship in which the court order revokes the individual's right to vote, has
41.17not been found by a court of law to be legally incompetent to vote or has the right to vote
41.18because, if the individual was convicted of a felony, the felony sentence has expired or
41.19been completed or the individual has been discharged from the sentence, is registered
41.20and has not already voted in the election. The roster must also state: "I understand that
41.21deliberately providing false information is a felony punishable by not more than five years
41.22imprisonment and a fine of not more than $10,000, or both."
41.23(b) A judge may, before the applicant signs the roster or receipt, confirm the
41.24applicant's name, address, and date of birth.
41.25(c) In precincts where a paper roster is used, after the applicant signs the roster, the
41.26judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a
41.27voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the
41.28voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters'
41.29receipts must be maintained during the time for notice of filing an election contest for 36
41.30months following the date of the election.

41.31    Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
41.32    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
41.33individual who refuses to answer questions or sign a polling place roster or voter's receipt
41.34as required by this section must not be allowed to vote. A challenged individual who
42.1leaves the polling place and returns later willing to answer questions or sign a polling
42.2place roster must not be allowed to vote.

42.3    Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
42.4    Subd. 2. Voter registration. An individual may register to vote at a special primary
42.5or special election at any time before the day that the polling place rosters for the special
42.6primary or special election are prepared finally secured by the secretary of state for the
42.7election. The secretary of state shall provide the county auditors with notice of this date
42.8at least seven days before the printing of the rosters are secured. This subdivision does
42.9not apply to a special election held on the same day as the state primary, state general
42.10election, or the regularly scheduled primary or general election of a municipality, school
42.11district, or special district.

42.12    Sec. 8. [206A.01] APPLICABILITY.
42.13This chapter applies to each designated election official who administers electronic
42.14roster systems for the purpose of conducting an election and compiling complete returns.

42.15    Sec. 9. [206A.02] DEFINITIONS.
42.16    Subdivision 1. Definitions. The definitions in this section apply to this chapter.
42.17    Subd. 2. Designated election official. "Designated election official" means the
42.18county auditor or municipal clerk.
42.19    Subd. 3. Elector data. "Elector data" means voting information, including, but not
42.20limited to, voter registration, voting history, and voting tabulations.
42.21    Subd. 4. Electronic roster. "Electronic roster" is a list of eligible electors in
42.22electronic format who are permitted to vote at a polling place in an election conducted
42.23under the Minnesota Election Law, which shall be processed by a computer at a precinct
42.24such that the resulting elector data is immediately accessible to all other computers in the
42.25precinct and is transferred to the county for inclusion in the statewide voter registration
42.26system no later than one week after the election.

42.27    Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY
42.28PROCEDURES.
42.29(a) The designated election official shall establish written security procedures
42.30covering the processing and transference of elector data. The procedures must include:
43.1(1) security covering the transmission of elector data processed through the
43.2electronic roster and reconciliation of the registration and history of voters casting ballots
43.3in a precinct; and
43.4(2) contingency procedures for network and power failure. The procedures must, at
43.5a minimum, include procedures to address all single point failures including:
43.6(i) network failure;
43.7(ii) power failure that lasts less than one hour; and
43.8(iii) power failure that lasts more than one hour.
43.9(b) Acceptable alternatives for addressing power or system failures include either:
43.10(1) a paper backup of the roster with the minimum information required to verify a
43.11voter's eligibility; or
43.12(2) a sufficient number of computers per precinct to ensure that the voter check-in
43.13continues in an efficient manner. The computers and all essential peripheral devices must
43.14have the ability to function on batteries or an external power source for up to two hours.
43.15(c) Each computer must have an electronic backup of the current roster in one of the
43.16following formats:
43.17(1) a portable document file (PDF);
43.18(2) a spreadsheet; or
43.19(3) a database with a basic look-up interface. In addition to acceptable backup
43.20roster procedures, the security procedures must address contingency procedures to protect
43.21against activities such as voting twice.

43.22    Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
43.23(a) The secretary of state shall ensure that the county connection to the statewide
43.24voter registration system is secure including details concerning encryption methodology.
43.25In addition, the connection must meet or exceed the standards provided for in this section.
43.26(b) Proven, standard algorithms must be used as the basis for encryption
43.27technologies.
43.28(c) If a connection utilizes a Virtual Private Network (VPN), the following apply:
43.29(1) it is the responsibility of the county to ensure that unauthorized users are not
43.30allowed access to internal networks;
43.31(2) VPN use is to be controlled using either a onetime password authentication such
43.32as a token device or a public/private key system with a strong passphrase;
43.33(3) when actively connected to the network, VPNs must force all traffic to and from
43.34the computer over the VPN tunnel and all other traffic must be dropped;
43.35(4) dual (split) tunneling is not permitted; only one network connection is allowed;
44.1(5) VPN gateways must be set up and managed by the county or its designee;
44.2(6) all computers connected to internal networks via VPN or any other technology
44.3must use up-to-date antivirus software; and
44.4(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

44.5    Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION
44.6REQUIREMENTS.
44.7The designated election official shall ensure the electronic roster system complies
44.8with the following response-time standards for any computer on the system:
44.9(1) a maximum of five seconds to update voter activity;
44.10(2) a maximum of 1.5 seconds to process a voter inquiry by identification number;
44.11and
44.12(3) a maximum of 45 seconds for session startup and password verification.

44.13    Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING
44.14PROCEDURES.
44.15(a) The designated election official shall test the electronic roster application to
44.16ensure that it meets the minimum system requirements prior to the first election in which
44.17it is used. The application must also be tested after the implementation of any system
44.18modifications, including any change in the number of connected computers. The county
44.19shall indicate in the subsequent security plan whether such retesting has occurred.
44.20(b) The test must, at a minimum, include the following:
44.21(1) a load test must be demonstrated through either actual computers running at
44.22proposed bandwidth and security settings, or by simulating a load test;
44.23(2) a contingency/failure test must be demonstrated and documented illustrating the
44.24effects of failures identified in section 206A.03; and
44.25(3) all tests must be conducted with clients and servers in normal, typical, deployed
44.26operating mode.
44.27(c) All records and documentation of the testing must be retained by the designated
44.28election official for a period of 36 months as part of the election record. The testing record
44.29and documentation must include, but is not limited to, the following:
44.30(1) a formal test plan containing all test scripts used:
44.31(i) the test plan must include test environment containing make, model, type of
44.32hardware, and software versions used in testing; and
44.33(ii) the test plan must also include the number of client computers, servers, and
44.34physical locations involved in testing;
45.1(2) test logs of all events that were observed during testing, including:
45.2(i) the sequence of actions necessary to set up the tests;
45.3(ii) the actions necessary to start the tests;
45.4(iii) the actions taken during the execution of the tests;
45.5(iv) any measurements taken or observed during the tests;
45.6(v) any actions necessary to stop or shut down the tests;
45.7(vi) any actions necessary to bring the tests to a halt; and
45.8(vii) any actions necessary or taken to deal with anomalies experienced during
45.9testing;
45.10(3) performance logs and reports taken from both servers and workstations during
45.11the testing which contain performance information of:
45.12(i) network usage (bandwidth);
45.13(ii) processor utilization;
45.14(iii) Random Access Memory (RAM) utilization; and
45.15(iv) any additional performance monitoring reports necessary to explain the process
45.16taken and to support the findings of the tests; and
45.17(4) all test logs must contain the date, time, operator, test status or outcome, and any
45.18additional information to assist the secretary of state in making a determination.

45.19    Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR
45.20PRECINCTS EMPLOYING ELECTRONIC ROSTERS.
45.21Counties employing electronic rosters in whole or in part shall allocate computers
45.22to affected precincts based upon the total number of registered voters in each precinct
45.2390 days preceding the primary election and historical statistics regarding election day
45.24registrants. The minimum computers required shall be on site at each precinct. Precincts
45.25employing electronic rosters shall be allocated a minimum of two computers.

45.26    Sec. 15. [260A.08] WRITTEN PROCEDURES AND REPORTS.
45.27(a) Written procedures and reports required by this chapter must be submitted by a
45.28county to the secretary of state for approval no later than 60 days before the election. The
45.29secretary of state shall either approve the procedures as submitted or notify the designated
45.30election official of recommended changes.
45.31(b) If the secretary of state rejects or approves the written procedures, the secretary
45.32of state shall provide written notice of the rejection or approval, including specifics of
45.33noncompliance with this chapter within 15 days of receiving the written procedures.
46.1(c) If the secretary of state rejects the written procedures, the designated election
46.2official shall submit a revised procedure within 15 days.
46.3(d) The secretary of state shall permit the filing of the revised procedures at a later
46.4date if it is determined that compliance with the 15-day requirement is impossible.

46.5    Sec. 16. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER
46.6IMPLEMENTATION.
46.7    Subdivision 1. Creation. The Legislative Task Force on Electronic Roster
46.8Implementation is established to facilitate development and implementation of electronic
46.9rosters for use in elections, as required by this article.
46.10    Subd. 2. Duties; considerations. (a) The task force shall:
46.11(1) study and recommend options for systems that meet the standards for use in a
46.12precinct as provided in Minnesota Statutes, chapter 206A;
46.13(2) study and facilitate implementation of software updates, add-ons, or other
46.14changes to the statewide voter registration system that may be necessary to allow the
46.15system to support electronic rosters as required by Minnesota Statutes, chapter 206A; and
46.16(3) recommend to the legislature any additional changes to law that may be
46.17necessary to implement the requirements of this article.
46.18(b) Factors that must be considered by the task force in carrying out its duties
46.19include, but are not limited to:
46.20(1) ease of equipment use by election administrators, election judges, and voters;
46.21(2) cost-effectiveness;
46.22(3) feasibility of available technologies within precincts;
46.23(4) the security, integrity, and reliability of the electronic roster system and its impact
46.24on the security, integrity, and reliability of the election; and
46.25(5) minimum standards for equipment and software functionality as provided by law.
46.26    Subd. 3. Membership. The task force consists of 16 members, as follows:
46.27(1) the speaker of the house shall appoint one member of the house of representatives,
46.28and one individual who served as a head election judge affiliated with the speaker's
46.29political party at the 2010 state general election;
46.30(2) the minority leader of the house of representatives shall appoint one member
46.31of the house, and one individual who served as a head election judge affiliated with the
46.32minority leader's political party at the 2010 state general election;
47.1(3) the majority leader of the senate shall appoint one member of the senate, and
47.2one individual who served as a head election judge affiliated with the majority leader's
47.3political party at the 2010 state general election;
47.4(4) the minority leader of the senate shall appoint one member of the senate, and
47.5one individual who served as a head election judge affiliated with the minority leader's
47.6political party at the 2010 state general election;
47.7(5) the Minnesota Association of County Auditors shall appoint one head elections
47.8administrator from a representative county with a large population, one head elections
47.9administrator from a representative county with an average-sized population, and one
47.10head elections administrator from a representative county with a small population, as
47.11defined by the association;
47.12(6) the Minnesota Association of Townships shall appoint one head elections
47.13administrator;
47.14(7) the League of Minnesota Cities shall appoint one head elections administrator;
47.15(8) the secretary of state, or the secretary's designee;
47.16(9) the director of information technology in the Office of the Secretary of State; and
47.17(10) the Chief Information Officer of the state of Minnesota, or a designee.
47.18Appointments required by this subdivision shall be made within 21 days of
47.19enactment of this article. The legislator appointed by the speaker of the house shall serve
47.20as chair of the task force.
47.21    Subd. 4. Report to legislature. The task force shall submit a report to the legislature
47.22on its activities and recommendations no later than December 1, 2011.
47.23    Subd. 5. Meetings; staff. (a) Meetings of the task force are subject to Minnesota
47.24Statutes, chapter 13D, except that a meeting may be closed to discuss proprietary data or
47.25other data that is protected by law.
47.26(b) The director of the Legislative Coordinating Commission shall convene the first
47.27meeting of the task force no later than July 1, 2011, or within 30 days of enactment of
47.28this section, whichever is later, and shall provide staff as necessary to support the work of
47.29the task force.

47.30    Sec. 17. EFFECTIVE DATE.
47.31Except where otherwise provided, this article is effective August 14, 2012, and
47.32applies to elections held on or after that date.


48.3    Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
48.4204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES
48.5AGREE.
48.6    Subdivision 1. Errors of election judges. If the candidates for an office
48.7unanimously agree in writing that the election judges in any precinct have made an
48.8obvious error in the counting or recording of the votes for that office, they shall deliver the
48.9agreement to the county auditor of that county who shall reconvene the county canvassing
48.10board, if necessary, and present the agreement to it. The county canvassing board shall
48.11correct the error as specified in the agreement.
48.12    Subd. 2. Errors of county canvassing board. If the candidates for an office
48.13unanimously agree in writing that the county canvassing board has made an obvious error
48.14in the counting and recording of the vote for that office they shall notify the county auditor
48.15who shall reconvene the canvassing board. The county canvassing board shall promptly
48.16correct the error as specified in the agreement and file an amended report. When an error is
48.17corrected pursuant to this subdivision, the county canvassing board and the county auditor
48.18shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.
48.19    Subd. 3. Errors of State Canvassing Board. If the candidates for an office
48.20unanimously agree in writing that the State Canvassing Board has made an obvious error
48.21in the counting and recording of the vote for that office they shall deliver the agreement
48.22to the secretary of state. If a certificate of election has not been issued, the secretary of
48.23state shall reconvene the State Canvassing Board and present the agreement to it. The
48.24board shall promptly correct the error as specified in the agreement and file an amended
48.25statement. When an error is corrected pursuant to this subdivision by the State Canvassing
48.26Board, the State Canvassing Board and the secretary of state shall proceed in accordance
48.27with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

48.28    Sec. 2. [204E.01] APPLICABILITY.
48.29This chapter establishes procedures for the conduct of all automatic and discretionary
48.30recounts provided for in law.

48.31    Sec. 3. [204E.02] RECOUNT OFFICIALS.
48.32(a) The secretary of state or the secretary of state's designee is the recount official
48.33for recounts conducted by the State Canvassing Board. The county auditor or the county
48.34auditor's designee is the recount official for recounts conducted by the county canvassing
49.1board. The county auditor or the county auditor's designee shall conduct recounts for
49.2county offices. The municipal clerk or the municipal clerk's designee is the recount official
49.3for recounts conducted by the municipal governing body. The school district clerk or
49.4the school district clerk's designee is the recount official for recounts conducted by the
49.5school board, or by a school district canvassing board as provided in section 205A.10,
49.6subdivision 5.
49.7(b) A recount official may delegate the duty to conduct a recount to a county auditor
49.8or municipal clerk by mutual consent. When the person who would otherwise serve as
49.9recount official is a candidate or is the employee or other subordinate, spouse, child,
49.10parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling
49.11of a candidate for the office to be recounted, the appropriate canvassing board shall select
49.12a county auditor or municipal clerk from another jurisdiction to conduct the recount.
49.13(c) As used in this chapter, "legal adviser" means counsel to the recount official and
49.14the canvassing board for the office being recounted.

49.15    Sec. 4. [204E.03] SCOPE OF RECOUNTS.
49.16A recount conducted as provided in this chapter is limited in scope to the
49.17determination of the number of votes validly cast for the office to be recounted. Only the
49.18ballots cast in the election and the summary statements certified by the election judges
49.19may be considered in the recount process. Original ballots that have been duplicated
49.20under section 206.86, subdivision 5, are not within the scope of a recount and must not be
49.21examined except as provided by a court in an election contest under chapter 209.

49.22    Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
49.23    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
49.24between the votes cast for the candidates for nomination to a statewide federal office,
49.25state constitutional office, statewide judicial office, congressional office, state legislative
49.26office, or district judicial office is:
49.27(1) less than one-half of one percent of the total number of votes counted for that
49.28nomination; or
49.29(2) ten votes or less and the total number of votes cast for the nomination is 400
49.30votes or less,
49.31and the difference determines the nomination, the canvassing board with responsibility for
49.32declaring the results for that office shall manually recount the vote.
49.33(b) In a state general election when the difference between the votes of a candidate
49.34who would otherwise be declared elected to a statewide federal office, state constitutional
50.1office, statewide judicial office, congressional office, state legislative office, or district
50.2judicial office and the votes of any other candidate for that office is:
50.3(1) less than one-half of one percent of the total number of votes counted for that
50.4office; or
50.5(2) ten votes or less if the total number of votes cast for the office is 400 votes or less,
50.6the canvassing board shall manually recount the votes.
50.7(c) Time for notice of a contest for an office recounted under this section begins to
50.8run upon certification of the results of the recount by the canvassing board, or as otherwise
50.9provided in section 209.021.
50.10(d) A losing candidate may waive a recount required by this section by filing a
50.11written notice of waiver with the canvassing board.
50.12    Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was
50.13on the ballot for nomination or election to a statewide federal office, state constitutional
50.14office, statewide judicial office, congressional office, state legislative office, or district
50.15judicial office may request a recount in a manner provided in this section at the candidate's
50.16own expense when the vote difference is greater than the difference required by this
50.17section. The votes must be manually recounted as provided in this section if the candidate
50.18files a request during the time for filing notice of contest of the primary or election for
50.19which a recount is sought.
50.20(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
50.21an amount set by the filing officer for the payment of the recount expenses. The requesting
50.22candidate is responsible for the following expenses: the compensation of the secretary of
50.23state or designees and any election judge, municipal clerk, county auditor, administrator,
50.24or other personnel who participate in the recount; necessary supplies and travel related to
50.25the recount; the compensation of the appropriate canvassing board and costs of preparing
50.26for the canvass of recount results; and any attorney fees incurred in connection with the
50.27recount by the governing body responsible for the recount.
50.28(c) The requesting candidate may provide the filing officer with a list of up to three
50.29precincts that are to be recounted first and may waive the balance of the recount after these
50.30precincts have been counted. If the candidate provides a list, the recount official must
50.31determine the expenses for those precincts in the manner provided by paragraph (b).
50.32(d) If the winner of the race is changed by the optional recount, the cost of the
50.33recount must be paid by the jurisdiction conducting the recount.
50.34(e) If a result of the vote counting in the manual recount is different from the result
50.35of the vote counting reported on election day by a margin greater than the standard for
51.1acceptable performance of voting systems provided in section 206.89, subdivision 4, the
51.2cost of the recount must be paid by the jurisdiction conducting the recount.

51.3    Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND
51.4MUNICIPAL ELECTIONS.
51.5    Subdivision 1. Required recounts. (a) Except as provided in paragraph (b), a
51.6losing candidate for nomination or election to a county, municipal, or school district office
51.7may request a recount of the votes cast for the nomination or election to that office if
51.8the difference between the votes cast for that candidate and for a winning candidate for
51.9nomination or election is less than one-half of one percent of the total votes counted for
51.10that office. In case of offices where two or more seats are being filled from among all the
51.11candidates for the office, the one-half of one percent difference is between the elected
51.12candidate with the fewest votes and the candidate with the most votes from among the
51.13candidates who were not elected.
51.14(b) A losing candidate for nomination or election to a county, municipal, or school
51.15district office may request a recount of the votes cast for nomination or election to that
51.16office if the difference between the votes cast for that candidate and for a winning
51.17candidate for nomination or election is ten votes or less, and the total number of votes cast
51.18for the nomination or election of all candidates is no more than 400. In cases of offices
51.19where two or more seats are being filled from among all the candidates for the office,
51.20the ten-vote difference is between the elected candidate with the fewest votes and the
51.21candidate with the most votes from among the candidates who were not elected.
51.22(c) Candidates for county offices shall file a written request for the recount with the
51.23county auditor. Candidates for municipal or school district offices shall file a written
51.24request with the municipal or school district clerk as appropriate. All requests must be
51.25filed during the time for notice of contest of the primary or election for which a recount
51.26is sought.
51.27(d) Upon receipt of a request made pursuant to this section, the county auditor
51.28shall recount the votes for a county office at the expense of the county, the governing
51.29body of the municipality shall recount the votes for a municipal office at the expense of
51.30the municipality, and the school board of the school district shall recount the votes for a
51.31school district office at the expense of the school district.
51.32    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
51.33or election to a county, municipal, or school district office may request a recount in the
51.34manner provided in this section at the candidate's own expense when the vote difference
51.35is greater than the difference required by subdivision 1. The votes must be manually
52.1recounted as provided in this section if the requesting candidate files with the county
52.2auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by
52.3the governing body of the jurisdiction or the school board of the school district for the
52.4payment of the recount expenses.
52.5    (b) The requesting candidate may provide the filing officer with a list of up to three
52.6precincts that are to be recounted first and may waive the balance of the recount after these
52.7precincts have been counted. If the candidate provides a list, the recount official must
52.8determine the expenses for those precincts in the manner provided by this paragraph.
52.9    (c) If the winner of the race is changed by the optional recount, the cost of the
52.10recount must be paid by the jurisdiction conducting the recount.
52.11    (d) If a result of the vote counting in the manual recount is different from the result
52.12of the vote counting reported on election day by a margin greater than the standard for
52.13acceptable performance of voting systems provided in section 206.89, subdivision 4, the
52.14cost of the recount must be paid by the jurisdiction conducting the recount.
52.15    Subd. 3. Discretionary ballot question recounts. A recount may be conducted
52.16for a ballot question when the difference between the votes for and the votes against the
52.17question is less than or equal to the difference provided in subdivision 1. A recount may
52.18be requested by any person eligible to vote on the ballot question. A written request for a
52.19recount must be filed with the filing officer of the county, municipality, or school district
52.20placing the question on the ballot and must be accompanied by a petition containing the
52.21signatures of 25 voters eligible to vote on the question. Upon receipt of a written request
52.22when the difference between the votes for and the votes against the question is less than or
52.23equal to the difference provided in subdivision 1, the county auditor shall recount the votes
52.24for a county question at the expense of the county, the governing body of the municipality
52.25shall recount the votes for a municipal question at the expense of the municipality, and the
52.26school board of the school district shall recount the votes for a school district question at
52.27the expense of the school district. If the difference between the votes for and the votes
52.28against the question is greater than the difference provided in subdivision 1, the person
52.29requesting the recount shall also file with the filing officer of the county, municipality, or
52.30school district a bond, cash, or surety in an amount set by the appropriate governing body
52.31for the payment of recount expenses. The written request, petition, and any bond, cash,
52.32or surety required must be filed during the time for notice of contest for the election for
52.33which the recount is requested.
52.34    Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a
52.35discretionary recount, is responsible for the following expenses: the compensation of the
52.36secretary of state, or designees, and any election judge, municipal clerk, county auditor,
53.1administrator, or other personnel who participate in the recount; necessary supplies and
53.2travel related to the recount; the compensation of the appropriate canvassing board and
53.3costs of preparing for the canvass of recount results; and any attorney fees incurred in
53.4connection with the recount by the governing body responsible for the recount.
53.5    Subd. 5. Notice of contest. Except as otherwise provided in section 209.021, the
53.6time for notice of contest of a nomination or election to an office which is recounted
53.7pursuant to this section begins to run upon certification of the results of the recount by the
53.8appropriate canvassing board or governing body.

53.9    Sec. 7. [204E.06] NOTICE.
53.10Within 24 hours after determining that an automatic recount is required or within 48
53.11hours of receipt of a written request for a recount and filing of a security deposit if one is
53.12required, the official in charge of the recount shall send notice to the candidates for the
53.13office to be recounted and the county auditor of each county wholly or partially within
53.14the election district. The notice must include the date, starting time, and location of the
53.15recount, the office to be recounted, and the name of the official performing the recount.
53.16The notice must state that the recount is open to the public and, in case of an automatic
53.17recount, that the losing candidate may waive the recount.

53.18    Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.
53.19(a) The official who has custody of the voted ballots is responsible for keeping
53.20secure all election materials. Registration cards of voters who registered on election day
53.21may be processed as required by rule. All other election materials must be kept secure by
53.22precinct as returned by the election judges until all recounts have been completed and until
53.23the time for contest of election has expired.
53.24(b) Any candidate for an office to be recounted may have all materials relating
53.25to the election, including, but not limited to, polling place rosters, voter registration
53.26applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes,
53.27applications for absentee ballots, precinct summary statements, printouts from voting
53.28machines, and precinct incident logs inspected before the canvassing board may certify
53.29the results of the recount.

53.30    Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
53.31All recounts must be accessible to the public. In a multicounty recount the secretary
53.32of state may locate the recount in one or more of the election jurisdictions or at the site of
53.33the canvassing board. Each election jurisdiction where a recount is conducted shall make
54.1available, without charge to the recount official or body conducting the recount, adequate
54.2accessible space and all necessary equipment and facilities.

54.3    Sec. 10. [204E.09] GENERAL PROCEDURES.
54.4At the opening of a recount, the recount official or legal adviser shall present the
54.5procedures contained in this section for the recount. The custodian of the ballots shall
54.6make available to the recount official the precinct summary statements, the precinct boxes
54.7or the sealed containers of voted ballots, and any other election materials requested by the
54.8recount official. If the recount official needs to leave the room for any reason, the recount
54.9official must designate a deputy recount official to preside during the recount official's
54.10absence. A recount official must be in the room at all times. The containers of voted ballots
54.11must be unsealed and resealed within public view. No ballots or election materials may be
54.12handled by candidates, their representatives, or members of the public. There must be an
54.13area of the room from which the public may observe the recount. Cell phones and video
54.14cameras may be used in this public viewing area, as long as their use is not disruptive. The
54.15recount official shall arrange the counting of the ballots so that the candidates and their
54.16representatives may observe the ballots as they are recounted. Candidates may each have
54.17one representative observe the sorting of each precinct. One additional representative per
54.18candidate may observe the ballots when they have been sorted and are being counted
54.19pursuant to section 204E.10. Candidates may have additional representatives in the public
54.20viewing area of the room. If other election materials are handled or examined by the
54.21recount officials, the candidates and their representatives may observe them. The recount
54.22official shall ensure that public observation does not interfere with the counting of the
54.23ballots. The recount official shall prepare a summary of the recount vote by precinct.

54.24    Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
54.25    Subdivision 1. Breaks in counting process. Recount officials may not take a break
54.26for a meal or for the day prior to the completion of the sorting, counting, review, and
54.27labeling of challenges, and secure storage of the ballots for any precinct. All challenged
54.28ballots must be stored securely during breaks in the counting process.
54.29    Subd. 2. Sorting ballots. Ballots must be recounted by precinct. The recount
54.30official shall open the sealed container of ballots and recount them in accordance with
54.31section 204C.22. The recount official must review each ballot and sort the ballots into
54.32piles based upon the recount official's determination as to which candidate, if any, the
54.33voter intended to vote for: one pile for each candidate that is the subject of the recount
54.34and one pile for all other ballots.
55.1    Subd. 3. Challenge. During the sorting, a candidate or candidate's representative
55.2may challenge the ballot if he or she disagrees with the recount official's determination of
55.3for whom the ballot should be counted and whether there are identifying marks on the
55.4ballot. At a recount of a ballot question, the manner in which a ballot is counted may
55.5be challenged by the person who requested the recount or that person's representative.
55.6Challenges may not be automatic or frivolous and the challenger must state the basis
55.7for the challenge pursuant to section 204C.22. Challenged ballots must be placed into
55.8separate piles, one for ballots challenged by each candidate. Only the canvassing board
55.9with responsibility to certify the results of the recount has the authority to declare a
55.10challenge to be "frivolous."
55.11    Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must
55.12count the piles using the stacking method described in section 204C.21. A candidate or
55.13candidate's representative may immediately request to have a pile of 25 counted a second
55.14time if there is not agreement as to the number of votes in the pile.
55.15    Subd. 5. Reviewing and labeling challenged ballots. After the ballots from
55.16a precinct have been counted, the recount official may review the challenged ballots
55.17with the candidate or the candidate's representative. The candidate's representative may
55.18choose to withdraw any challenges previously made. The precinct name, the reason
55.19for the challenge, and the name of the person challenging the ballot or the candidate
55.20that person represents, and a sequential number must be marked on the back of each
55.21remaining challenged ballot before it is placed in an envelope marked "Challenged
55.22Ballots." After the count of votes for the precinct has been determined, all ballots except
55.23the challenged ballots must be resealed in the ballot envelopes and returned with the other
55.24election materials to the custodian of the ballots. The recount official may make copies
55.25of the challenged ballots. After the count of votes for all precincts has been determined
55.26during that day of counting, the challenged ballot envelope must be sealed and kept secure
55.27for presentation to the canvassing board.

55.28    Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
55.29    Subdivision 1. Certification of results. The recount official shall present the
55.30summary statement of the recount and any challenged ballots to the canvassing board.
55.31The candidate or candidate's representative who made the challenge may present the
55.32basis for the challenge to the canvassing board. The canvassing board shall rule on the
55.33challenged ballots and incorporate the results into the summary statement. The canvassing
55.34board shall certify the results of the recount. Challenged ballots must be returned to the
55.35election official who has custody of the ballots.
56.1    Subd. 2. Tie votes. In case of a tie vote for nomination or election to an office, the
56.2canvassing board with the responsibility for declaring the results for that office shall
56.3determine the tie by lot.

56.4    Sec. 13. [204E.12] SECURITY DEPOSIT.
56.5When a bond, cash, or surety for recount expenses is required by section 204E.04
56.6or 204E.05, the governing body or recount official shall set the amount of the security
56.7deposit at an amount which will cover expected recount expenses. In multicounty districts,
56.8the secretary of state shall set the amount taking into consideration the expenses of the
56.9election jurisdictions in the district and the expenses of the secretary of state. The security
56.10deposit must be filed during the period for requesting an administrative recount. In
56.11determining the expenses of the recount, only the actual recount expenditures incurred
56.12by the recount official and the election jurisdiction in conducting the recount may be
56.13included. General office and operating costs may not be taken into account.

56.14    Sec. 14. REVISOR'S INSTRUCTION.
56.15Except where otherwise amended by this article, the revisor of statutes shall
56.16renumber each section of Minnesota Statutes listed in column A with the number listed in
56.17column B. The revisor shall make necessary cross-reference changes consistent with the
56.18renumbering.

56.19	Column A	Column B
56.20	204C.34	204E.11, subdivision 2
56.21	204C.35	204E.04
56.22	204C.36	204E.05

56.23    Sec. 15. REPEALER.
56.24Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are
56.25repealed.

56.26    Sec. 16. EFFECTIVE DATE.
56.27This article is effective June 1, 2011, and applies to recounts conducted on or after
56.28that date."
56.29Delete the title and insert:
56.31relating to elections; requiring voters to provide picture identification before
56.32receiving a ballot in most situations; providing for the issuance of voter
56.33identification cards at no charge; establishing a procedure for provisional
56.34balloting; creating challenged voter eligibility list; specifying other election
57.1administration procedures; allowing use of electronic polling place rosters;
57.2setting standards for use of electronic polling place rosters; creating legislative
57.3task force on electronic roster implementation; enacting procedures related to
57.4recounts; appropriating money;amending Minnesota Statutes 2010, sections
57.513.69, subdivision 1; 135A.17, subdivision 2; 171.01, by adding a subdivision;
57.6171.06, subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivisions
57.71, 3, 4; 171.07, subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071;
57.8171.11; 171.14; 200.02, by adding a subdivision; 201.021; 201.022, subdivision
57.91; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121,
57.10subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1,
57.112; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2;
57.12204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.20, subdivisions
57.131, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.32;
57.14204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, subdivision 2; 205.065,
57.15subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10,
57.16subdivision 3; 206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06,
57.17subdivision 1; 211B.11, subdivision 1; proposing coding for new law in
57.18Minnesota Statutes, chapters 200; 201; 204C; 260A; proposing coding for new
57.19law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota Statutes
57.202010, sections 203B.04, subdivision 3; 204C.34; 204C.35; 204C.36; 204C.361."