1.1.................... moves to amend H.F. No. 978 as follows:
1.2Page 5, line 3, after "the" insert "
mail and absentee ballot"
1.3Page 5, delete line 22
1.4Page 5, line 23, delete "
a precinct."
1.5Page 5, after line 27, insert
1.6 "Sec. 7. Minnesota Statutes 2010, section 204B.46, is amended to read:
1.7204B.46 MAIL ELECTIONS; QUESTIONS.
1.8 A county, municipality, or school district submitting questions to the voters at a
1.9special election may conduct an election by mail with no polling place other than the
1.10office of the auditor or clerk. No more than two questions may be submitted at a mail
1.11election and no offices may be voted on. Notice of the election must be given to the county
1.12auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
1.13of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted
1.14at least six weeks prior to the election. Not more than 30 nor later than 14 days prior to
1.15the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters
1.16registered in the county, municipality, or school district. No later than 14 days before the
1.17election, the auditor or clerk must make a subsequent mailing of ballots to those voters
1.18who register to vote after the initial mailing but before the 20th day before the election.
1.19Eligible voters not registered at the time the ballots are mailed may apply for ballots
1.20pursuant to chapter 203B. The auditor or clerk must appoint a ballot board to examine
1.21the
mail and absentee ballot return envelopes and mark them "Accepted" or "Rejected"
1.22within three days of receipt if there are 14 or fewer days before election day, or within five
1.23days of receipt if there are more than 14 days before election day. The board may consist
1.24of staff trained as election judges. Election judges performing the duties in this section
1.25must be of different major political parties, unless they are exempt from that requirement
1.26under section
205.075, subdivision 4, or section
205A.10. If an envelope has been rejected
2.1at least five days before the election, the ballots in the envelope must remain sealed and
2.2the auditor or clerk must provide the voter with a replacement ballot and return envelope
2.3in place of the spoiled ballot. If the ballot is rejected within five days of the election, the
2.4envelope must remain sealed and the official in charge of the ballot board must attempt to
2.5contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
2.6rejected. The official must document the attempts made to contact the voter.
2.7If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
2.8indicate that the voter has already cast a ballot in that election. After the close of business
2.9on the fourth day before the election, the ballots from return envelopes marked "Accepted"
2.10may be opened, duplicated as needed in the manner provided by section
206.86,
2.11subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
2.12In all other respects, the provisions of the Minnesota Election Law governing
2.13deposit and counting of ballots apply.
2.14The mail and absentee ballots for a precinct must be counted together and reported
2.15as one vote total. No vote totals from ballots may be made public before the close of
2.16voting on election day."
2.17Page 6, after line 9, insert
2.18 "Sec. 9. Minnesota Statutes 2010, section 206.57, subdivision 6, is amended to read:
2.19 Subd. 6.
Required certification. In addition to the requirements in subdivision 1,
2.20a voting system must be certified by an independent testing authority accredited by the
2.21Election Assistance Commission
or other designated agency at the time of submission of
2.22the application required by subdivision 1 to be in conformity with voluntary voting system
2.23guidelines issued by the Election Assistance Commission
or other designated agency.
2.24The application must be accompanied by the certification report of the voting systems
2.25test laboratory. A certification under this section from an independent testing authority
2.26accredited by the Election Assistance Commission
or other designated agency meets the
2.27requirement of Minnesota Rules, part 8220.0350, item L. A vendor must provide a copy
2.28of the source code for the voting system to the secretary of state. A chair of a major
2.29political party or the secretary of state may select, in consultation with the vendor, an
2.30independent third-party evaluator to examine the source code to ensure that it functions as
2.31represented by the vendor and that the code is free from defects. A major political party
2.32that elects to have the source code examined must pay for the examination. Except as
2.33provided by this subdivision, a source code that is trade secret information must be treated
2.34as nonpublic information, according to section
13.37. A third-party evaluator must not
2.35disclose the source code to anyone else."
2.36Renumber the sections in sequence and correct the internal references
3.1Amend the title accordingly