Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 303--H.F.No. 553
An act relating to elections; changing certain
election procedures, requirements, and time limits;
amending Minnesota Statutes 1982, sections 201.071,
subdivision 1; 203B.02, subdivision 1; 203B.04,
subdivision 1; 203B.21, subdivision 2; 204B.12,
subdivision 1; 204B.19, subdivision 1; 204B.21,
subdivision 1; 204B.27, subdivision 1; 204B.34,
subdivision 1; 204B.35, subdivision 4; 204C.03, by
adding a subdivision; 204C.05, subdivision 1; 204C.32,
subdivision 2; 204C.33, subdivision 2; 204D.06;
204D.11, subdivisions 1 and 5; 204D.14; 204D.15,
subdivision 2; 205.03, subdivisions 1 and 3; and
209.02, subdivision 4; proposing new law coded in
Minnesota Statutes, chapter 203B; repealing Minnesota
Statutes 1982, sections 201.091, subdivisions 6 and 7;
and 204B.12, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 201.071,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] Registration cards shall be of
suitable size and weight for mailing, and shall contain the
following information in substantially the following form:
VOTER REGISTRATION CARD
(Please print or type)
Date:......................
1. Name:............................................
Last First Middle Initial
2. Address:.........................................
Street or Route No.
.........................................
City (or Township) County Zip
3. Telephone Number:
4. Date of birth (optional):...................
Month:.... Day:.... Year:....
5. Last registration if any.....................
Street or Route Number
..... None ............................
City (or Township) Zip
6. I certify that I will be at least 18 years
old on election day and that the above facts
are correct am a citizen of the United States,
that I reside at the address shown and
will have resided in Minnesota for 20 days
immediately preceding election day, and that
I am not under guardianship of the person,
have not been found by a court to be
legally incompetent to vote, and have not been
convicted of a felony without having my
civil rights restored. I understand that giving
false information to procure a registration
is a felony punishable by not more than five
years imprisonment and a fine of not more
than $5,000, or both.
.......................
Signature of Voter
Sec. 2. Minnesota Statutes 1982, section 203B.02,
subdivision 1, is amended to read:
Subdivision 1. [UNABLE TO GO TO POLLING PLACE.] Any
eligible voter who is reasonably anticipates he will be unable
to go to the polling place on election day in the precinct where
the individual maintains residence because of absence from the
precinct, illness, physical disability, religious discipline,
observance of a religious holiday, or service as an election
judge in another precinct may vote by absentee ballot as
provided in sections 203B.04 to 203B.15.
Sec. 3. Minnesota Statutes 1982, section 203B.04,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION PROCEDURES.] Except as
otherwise allowed by subdivision 2, an application for absentee
ballots for any election may be submitted at any time not more
than 45 days nor less than one day before the day of that
election. An application submitted pursuant to this subdivision
shall be in writing and shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality where the
applicant maintains residence.
An application shall be accepted if it is signed and dated
by the applicant, contains the applicant's residence and mailing
addresses, and states that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section
203B.02.
Sec. 4. [203B.085] [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN
DURING CERTAIN HOURS PRECEDING ELECTION.]
The county auditor's office in each county must be open for
acceptance of absentee ballot applications and casting of
absentee ballots between the hours of 1:00 to 3:00 p.m. on
Saturday and 5:00 to 7:00 p.m. on Monday immediately preceding a
primary or general election.
Sec. 5. Minnesota Statutes 1982, section 203B.21,
subdivision 2, is amended to read:
Subd. 2. [MAILING OF BALLOTS; RETURN.] Ballots and
instructions for marking them, ballot envelopes, and return
envelopes shall be sent by first class mail to addresses within
the continental United States and by air mail to addresses
outside the continental United States. The ballot envelope and
return envelope shall be marked "Official Ballot," and shall
contain sufficient postage to assure proper return delivery.
The return envelope shall be addressed to comply with any method
for return of absentee ballots as authorized under section
203B.08, subdivision 2.
Sec. 6. Minnesota Statutes 1982, section 204B.12,
subdivision 1, is amended to read:
Subdivision 1. [BEFORE PRIMARY.] A candidate may withdraw
his name from the primary ballot by filing an affidavit of
withdrawal with the same official who received the affidavit of
candidacy. The affidavit shall request that official to
withdraw the candidate's name from the ballot and shall be filed
no later than six three days after the last day for filing for
the office.
Sec. 7. Minnesota Statutes 1982, section 204B.19,
subdivision 1, is amended to read:
Subdivision 1. [INDIVIDUALS QUALIFIED TO BE ELECTION
JUDGES.] Any individual who is eligible to vote in an election
precinct is qualified to be appointed as an election judge for
that precinct subject to the provisions of this section. If an
insufficient number of eligible voters maintaining residence in
any precinct are willing and qualified to be appointed election
judges for that precinct, the appointing authority may appoint
as an election judge for that precinct any qualified individual
who is eligible to vote in the territory under the jurisdiction
of the authority which established the precinct If the files of
the appointing authority do not contain sufficient voters within
a precinct who are qualified and willing to serve as election
judges, election judges may be appointed who reside in another
precinct in the same municipality. If there are not sufficient
voters within the municipality who are qualified and willing to
serve as election judges, election judges may be appointed who
reside in the county where the precinct is located.
Sec. 8. Minnesota Statutes 1982, section 204B.21,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT LISTS; DUTIES OF POLITICAL
PARTIES AND COUNTY AUDITOR.] At least 65 days before any On July
1 in a year in which there is an election for a partisan
political office, the county or legislative district chairmen of
each major political party, whichever is designated by the state
party, shall prepare a list of eligible voters to act as
election judges in each election precinct in the county or
legislative district. The chairmen shall furnish the lists to
the county auditor of the county in which the precinct is
located.
At least 55 days before the date of the election By July
15, the county auditor shall furnish to the appointing
authorities a list of the appropriate names for each election
precinct in the jurisdiction of the appointing authority.
Separate lists shall be submitted by the county auditor for each
major political party.
Sec. 9. Minnesota Statutes 1982, section 204B.27,
subdivision 1, is amended to read:
Subdivision 1. [BLANK FORMS.] At least 15 25 days before
every state election the secretary of state shall transmit to
each county auditor a sufficient number of blank county abstract
forms, affidavits of challenged voters, and any other blank
forms that the secretary of state deems necessary for the
conduct of the election.
Sec. 10. Minnesota Statutes 1982, section 204B.34,
subdivision 1, is amended to read:
Subdivision 1. [STATE ELECTIONS.] At least 15 days before
any state primary or state general election the municipal clerk
shall post in his office a notice stating the officers to be
nominated or elected, the location of each polling place in the
municipality, and the hours for voting. An optional provision
of the notice may include municipal officers to be nominated or
elected. The county auditor shall post a similar notice in his
office including information concerning any polling places in
unorganized territory in the county. The governing body of a
municipality or county may publish this notice in addition to
posting it. Failure to give the notice required in this section
shall not invalidate a state primary or state general election.
Sec. 11. Minnesota Statutes 1982, section 204B.35,
subdivision 4, is amended to read:
Subd. 4. [ABSENTEE BALLOTS; PREPARATION; DELIVERY.]
Ballots necessary to fill applications of absentee voters shall
be prepared and delivered at least 15 20 days before the
election to the officials who administer the provisions of
chapter 203B.
Sec. 12. Minnesota Statutes 1982, section 204C.03, is
amended by adding a subdivision to read:
Subd. 4. [STATE GOVERNMENT.] No state agency, board,
commission, department, or committee shall conduct a public
meeting on the day of the state primary or general election.
Sec. 13. Minnesota Statutes 1982, section 204C.05,
subdivision 1, is amended to read:
Subdivision 1. [OPENING AND CLOSING TIMES.] Except as
otherwise provided in this section, at the state primary and the
state general election the hours for voting in every precinct in
the state shall begin at 7:00 a.m. and shall extend continuously
until 8:00 p.m. By resolution adopted 30 days before the state
primary or state general election, the governing body of a
municipality of less than 1,000 inhabitants, located entirely
outside the metropolitan area as defined in section 473.121,
subdivision 2, may fix a later time for voting to begin. If a
later time is established, it shall not be later than 9:00 a.m.
for the state general election, nor later than 5:00 p.m. for a
state primary. A resolution adopted pursuant to this
subdivision shall be effective for all ensuing state primaries
or state general elections until revoked.
Sec. 14. Minnesota Statutes 1982, section 204C.32,
subdivision 2, is amended to read:
Subd. 2. [STATE CANVASS.] The state canvassing board shall
meet at the secretary of state's office on the second Tuesday
after the state primary to canvass the certified copies of the
county canvassing board reports received from the county
auditors. Upon completion of the canvass Two days after the
canvassing board declares the results, the secretary of state
shall promptly certify the names of the nominees to the county
auditors and shall mail to each nominee a notice of nomination.
Sec. 15. Minnesota Statutes 1982, section 204C.33,
subdivision 2, is amended to read:
Subd. 2. [COUNTY CANVASSING BOARD REPORTS; PUBLIC
AVAILABILITY.] Upon payment of a $1 fee, The county auditor of
each county shall provide a certified copy of the county
canvassing board report to anyone who requests it upon payment
to the auditor of costs of reproduction actually incurred by the
auditor's office. The auditor shall not take into account the
general office expenses or other expenses.
Sec. 16. Minnesota Statutes 1982, section 204D.06, is
amended to read:
204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.]
At least 32 42 days before a state primary, the secretary
of state shall certify to the county auditors the names of all
candidates who have properly filed affidavits of candidacy with
the secretary of state and who will be voted for in their
respective counties at that primary.
Sec. 17. Minnesota Statutes 1982, section 204D.11,
subdivision 1, is amended to read:
Subdivision 1. [WHITE BALLOT; RULES; REIMBURSEMENT.] The
names of the candidates for all partisan offices voted on at the
state general election and candidates for the office of justice
and chief justice of the supreme court shall be placed on a
single ballot printed on white paper which shall be known as the
"white ballot". This ballot shall be prepared by the county
auditor subject to the rules of the secretary of state. The
state shall reimburse the counties for the cost of preparing the
white ballot and the envelopes required for the returns of that
ballot. The secretary of state shall adopt rules for
preparation and time of delivery of the white ballot and for
reimbursement of the counties' costs.
Sec. 18. Minnesota Statutes 1982, section 204D.11,
subdivision 5, is amended to read:
Subd. 5. [BALLOT HEADINGS.] The white, pink and special
federal white ballot shall be headed with the words "State
General Election Ballot". The canary ballot shall be headed
with the words "County and Judicial District General Election
Ballot of Nonpartisan Candidates".
Sec. 19. Minnesota Statutes 1982, section 204D.14, is
amended to read:
204D.14 [WHITE AND CANARY BALLOTS; NONPARTISAN OFFICES.]
Subdivision 1. [ROTATION OF NAMES.] The names of
candidates for nonpartisan offices on the white and canary
ballots ballot shall be rotated in the manner provided for
rotation of names on state partisan primary ballots by section
204D.08, subdivision 3.
Subd. 2. [UNCONTESTED OFFICES.] Nonpartisan offices for
which there is only one candidate shall appear after all
contested offices on the appropriate white or canary ballot.
Sec. 20. Minnesota Statutes 1982, section 204D.15,
subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION.] The pink ballot shall be provided
in groups of 50. At least 15 25 days before the state general
election the secretary of state shall forward to the county
auditor of each county sufficient ballots to enable the county
auditor to comply with the absentee voting provisions of section
204B.28, subdivision 2. The county auditor shall give a receipt
to the secretary of state stating the number of pink ballots and
the date when they were received.
Sec. 21. Minnesota Statutes 1982, section 205.03,
subdivision 1, is amended to read:
Subdivision 1. [CITIES.] In all statutory and home rule
charter city elections the governing body of the city, by
resolution adopted prior to the giving of notice of the
election, may designate the time, in no event less than three
hours, during which the polling places will remain open for
voting at the next succeeding and all subsequent city elections,
until the resolution is revoked. Cities covered by this
subdivision shall certify their election hours to the county
auditor upon adoption of the resolution giving notice of the
election.
Sec. 22. Minnesota Statutes 1982, section 205.03,
subdivision 3, is amended to read:
Subd. 3. [OTHER TOWNS.] In any election of town officers
in a town other than a town described in subdivision 2, the town
board, by resolution adopted prior to the giving of notice of
the election, may designate the time, in no event less than
three hours, during which the polling places will remain open
for voting at the next succeeding and all subsequent town
elections. The resolution shall remain in force until revoked
by the town board. Towns covered by this subdivision shall
certify their election hours to the county auditor in January of
each year.
Sec. 23. Minnesota Statutes 1982, section 209.02,
subdivision 4, is amended to read:
Subd. 4. [NOTICE OF CONTEST, HOW SERVED.] Service of the
notice of contest shall be made in the same manner as provided
for the service of summons in civil actions. In all cases two
copies one copy of the notice shall be furnished the official
authorized to issue the certificate of election at the time of
service upon him, and the official shall send one copy thereof
shall be sent by certified mail to the contestee at his last
known address. If the sheriff is unable to make personal or
substituted service upon the contestee, then the affidavit of
the sheriff to that effect and the affidavit of the official
authorized to issue the certificate of election that he sent a
copy to the contestee by certified mail to his last known
address shall be sufficient to confer jurisdiction upon the
proper court to hear and determine the contest.
Sec. 24. [REPEALER.]
Minnesota Statutes 1982, sections 201.091, subdivisions 6
and 7; and 204B.12, subdivision 2; are repealed.
Sec. 25. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Approved June 9, 1983
Official Publication of the State of Minnesota
Revisor of Statutes