Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 223-S.F.No. 567 
           An act relating to elections; changing registration, 
          filing, boundary change, ballot preparation, 
          canvassing, system testing, and notice requirements 
          and procedures; changing certain duties of election 
          officials; clarifying certain language; adding to 
          reimbursable expenses; amending Minnesota Statutes 
          1992, sections 201.071, subdivision 1; 201.081; 
          201.11; 201.13, subdivision 2, and by adding a 
          subdivision; 201.15; 204B.06, subdivisions 4 and 6; 
          204B.14, subdivision 4; 204B.16, by adding a 
          subdivision; 204B.46; 204C.06, subdivision 1; 204C.31, 
          subdivision 2; 204C.32; 204D.04, subdivision 2; 
          204D.11, subdivisions 2, 3, and 6; 204D.24, 
          subdivision 2; 204D.27, subdivision 11; 206.83; 
          206.90, subdivision 6; 207A.02, subdivision 1; 
          207A.10, subdivision 2; 211B.11, subdivision 1; 
          211B.14; and 365.51, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 201.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORM.] A registration cards shall card 
must 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:  
                      Month:.... Day:.... Year:....
    5.  Last registration if any.....................
                              Street or Route Number
              ..... None      ............................
                              City (or Township)     Zip
    6. spaces for the following required information:  voter's 
first name, middle name, and last name; voter's previous name, 
if any; voter's current address; voter's previous address, if 
any; voter's date of birth; voter's municipality and county of 
residence; voter's telephone number; date of registration; and 
voter's signature.  The card must also contain the following 
certification:  I certify that I will be at least 18 years old 
on election day and 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 $10,000, or both. 
                               .......................
                                 Signature of Voter
    The form of the voter registration card must be as provided 
in the rules of the secretary of state. 
    Sec. 2.  Minnesota Statutes 1992, section 201.081, is 
amended to read: 
    201.081 [REGISTRATION FILES.] 
    The voter registration cards and the statewide registration 
system are is the official record of registered voters.  The 
voter registration cards and the terminal providing access to 
the statewide registration system must be under the control of 
the county auditor or the public official to whom the county 
auditor has delegated the responsibility for maintaining voter 
registration records.  The voter registration cards and 
terminals providing access to the statewide registration system 
must not be removed from the control of the county auditor 
except as provided in this subdivision.  The county auditor may 
make photographic copies of voter registration cards in the 
manner provided by section 138.17.  
    Sec. 3.  Minnesota Statutes 1992, section 201.11, is 
amended to read: 
    201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.] 
    When the boundaries of a precinct are changed, the county 
auditor shall immediately change the registration files to 
correctly show the names of the voters who are residents 
of update the voter records for that precinct in the statewide 
registration system to accurately reflect those changes. 
    Sec. 4.  Minnesota Statutes 1992, section 201.13, 
subdivision 2, is amended to read: 
    Subd. 2.  [VOTER REGISTRATION CARD REMOVAL FOR DECEASED 
NONRESIDENTS.] The county auditor may remove from the files 
the original and duplicate voter registration cards of voters 
who have died outside of the county, after receiving notice of 
death.  Notice must be in the form of a printed obituary or a 
written statement signed by a registered voter of the county.  
The county auditor shall also make the appropriate changes in 
the data base of the central statewide registration system when 
voter registration cards are removed from the files. 
    Sec. 5.  Minnesota Statutes 1992, section 201.13, is 
amended by adding a subdivision to read: 
    Subd. 3.  [USE OF CHANGE OF ADDRESS SYSTEM.] The county 
auditor may delete the records in the statewide registration 
system of voters whose change of address can be confirmed by the 
United States Postal Service.  The secretary of state may 
provide the county auditors with periodic reports on voters 
whose change of address can be confirmed by the United States 
Postal Service. 
    Sec. 6.  Minnesota Statutes 1992, section 201.15, is 
amended to read: 
    201.15 [PROBATE JUDGE, REPORT GUARDIANSHIPS AND 
COMMITMENTS.] 
    Subdivision 1.  [GUARDIANSHIPS, INCOMPETENTS AND 
PSYCHOPATHS.] The probate judge in each county shall report 
monthly to the county auditor the name and address of each 
individual 18 years of age or over, who maintains residence in 
that county and who, during the month preceding the date of the 
report:  
    (a) was placed under a guardianship of the person; 
    (b) adjudged legally incompetent by reason of mental 
illness, mental deficiency, or inebriation; or 
    (c) was adjudged a psychopathic personality.  
    The judge shall also report the same information for each 
individual transferred to the jurisdiction of the court who 
meets a condition specified in clause (a), (b) or (c).  Upon 
receipt of the report, the county auditor shall determine 
whether any individual named in the report is registered to 
vote.  The county auditor shall attach a notice to the original 
and duplicate registration cards change the status on the record 
in the statewide registration system of any individual named in 
the report informing the election judges to indicate that the 
individual is not eligible to reregister or vote.  The notice 
shall contain the reason for ineligibility, the date of the 
determination, and the dated signature of the county auditor.  
The cards may be retained in the registration file for the 
entire period of the voter's ineligibility and need not be 
purged in accordance with section 201.171.  The county auditor 
shall also make the appropriate changes in the data base of the 
central registration system. 
    Subd. 2.  [RESTORATION TO CAPACITY.] The probate judge in 
each county shall report monthly to the county auditor the name 
and address of each individual transferred from guardianship to 
conservatorship or who is restored to capacity by the court 
after being ineligible to vote for any of the reasons specified 
in subdivision 1.  Upon notice from the judge of probate of a 
restoration to capacity, or of a transfer from guardianship to 
conservatorship, the county auditor shall remove the notice from 
the individual's registration cards and thereafter process the 
cards in the same manner as if no guardianship or adjudication 
had occurred.  The county auditor shall also make the 
appropriate changes in the data base of the central registration 
system. change the status on the voter's record in the statewide 
registration system to "active."  
    Sec. 7.  Minnesota Statutes 1992, section 204B.06, 
subdivision 4, is amended to read: 
    Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
nomination for the following offices shall state the following 
additional information on the affidavit:  
    (a) for United States senator, that the candidate will be 
30 years of age or older and a citizen of the United States for 
not less than nine years on the next January 3 or, in the case 
of an election to fill a vacancy, within 21 days after the 
special election; 
    (b) for United States representative, that the candidate 
will be 25 years of age or older and a citizen of the United 
States for not less than seven years on the next January 3 or, 
in the case of an election to fill a vacancy, within 21 days 
after the special election; 
    (c) for governor or lieutenant governor, that on the first 
Monday of the next January the candidate will be 25 years of age 
or older and, on the day of the state general election, a 
resident of Minnesota for not less than one year; 
    (d) for supreme court justice, court of appeals judge, or 
district court judge, that the candidate is learned in the law; 
    (e) for county or county, municipal court judge or other 
judicial officer, school district, or special district office, 
that the candidate is qualified as meets any other 
qualifications for that office prescribed by law; 
    (f) for senator or representative in the legislature, that 
on the day of the general or special election to fill the office 
the candidate will have resided not less than one year in the 
state and not less than six months in the legislative district 
from which the candidate seeks election.  
    Sec. 8.  Minnesota Statutes 1992, section 204B.06, 
subdivision 6, is amended to read: 
    Subd. 6.  [JUDICIAL CANDIDATES; DESIGNATION OF TERM.] An 
individual who files as a candidate for the office of chief 
justice or associate justice of the supreme court, judge of the 
court of appeals, or judge of the district court, or judge of 
county or county municipal court shall state in the affidavit of 
candidacy the office of the particular justice or judge for 
which the individual is a candidate.  The individual shall be a 
candidate only for the office identified in the affidavit.  Each 
justice of the supreme court and each court of appeals, and 
district, county or county municipal court judge is deemed to 
hold a separate nonpartisan office.  
    Sec. 9.  Minnesota Statutes 1992, section 204B.14, 
subdivision 4, is amended to read: 
    Subd. 4.  [BOUNDARY CHANGE PROCEDURE.] Any change in the 
boundary of an election precinct shall be adopted at least 90 
days before the date of the next election and shall not take 
effect until notice of the change has been posted in the office 
of the municipal clerk or county auditor for at least 60 days.  
Except in the case of the combination or separation of 
municipalities for election purposes under subdivision 8, the 
municipal clerk or county auditor shall notify each affected 
registered voter of the change in election precinct boundaries 
at least 14 days prior to the first election held after the 
change takes effect.  
    The county auditor must publish a notice illustrating or 
describing the congressional, legislative, and county 
commissioner district boundaries in the county in one or more 
qualified newspapers in the county at least 14 days prior to the 
first day to file affidavits of candidacy for the state general 
election in the year ending in two. 
    Alternate dates for adopting changes in precinct 
boundaries, posting notices of boundary changes, and notifying 
voters affected by boundary changes pursuant to this subdivision 
may be established in the manner provided in the rules of the 
secretary of state. 
    Sec. 10.  Minnesota Statutes 1992, section 204B.16, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [NOTICE TO VOTERS.] If the location of polling 
place has been changed, the governing body establishing the 
polling place shall send each registered voter in the affected 
precinct a nonforwardable mailed notice stating the location of 
the new polling place at least 25 days before the next 
election.  The secretary of state shall prepare a sample of this 
notice.  A notice that is returned as undeliverable must be 
forwarded immediately to the county auditor, who shall change 
the registrant's status to "challenged" in the statewide 
registration system.  This subdivision does not apply to a 
polling place location that is changed on election day under 
section 204B.17. 
    Sec. 11.  Minnesota Statutes 1992, section 204B.46, is 
amended to read: 
    204B.46 [MAIL ELECTIONS; QUESTIONS.] 
    A county, municipality, or school district submitting 
questions to the voters at a special election may apply to the 
county auditor for approval of an election by mail with no 
polling place other than the office of the auditor or clerk.  No 
more than two questions may be submitted at a mail election and 
no offices may be voted on.  Notice of the election and the 
special mail procedure must be given at least six weeks prior to 
the election.  No earlier than 20 or later than 18 14 days prior 
to the election, the auditor or clerk shall mail ballots by 
nonforwardable mail to all voters registered in the county, 
municipality, or school district.  Eligible voters not 
registered at the time the ballots are mailed may apply for 
ballots pursuant to chapter 203B.  
    Sec. 12.  Minnesota Statutes 1992, section 204C.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LINGERING NEAR POLLING PLACE.] An 
individual shall be allowed to go to and from the polling place 
for the purpose of voting without unlawful interference.  No one 
except an election official or an individual who is waiting to 
register or to vote shall congregate in any number or stand 
within 100 feet of the entrance to a polling place.  The 
entrance to a polling place is the doorway or point of entry 
leading into the room or area where voting is occurring.  
    Sec. 13.  Minnesota Statutes 1992, section 204C.31, 
subdivision 2, is amended to read: 
    Subd. 2.  [STATE CANVASSING BOARD.] The state canvassing 
board shall consist of the secretary of state, two judges of the 
supreme court or the court of appeals, and two judges of the 
district court selected by the secretary of state.  None of the 
judges shall be a candidate at the election.  If a judge fails 
to appear at the meeting of the canvassing board, the secretary 
of state shall fill the vacancy in membership by selecting 
another judge from either court who is not a candidate at the 
election.  Not more than two judges of the supreme court shall 
serve on the canvassing board at one time.  
    Sec. 14.  Minnesota Statutes 1992, section 204C.32, is 
amended to read: 
    204C.32 [CANVASS OF STATE PRIMARIES.] 
    Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
board shall meet at the county auditor's office at 10:00 a.m. on 
or before the third day following the state primary.  After 
taking the oath of office, the canvassing board shall publicly 
canvass the election returns delivered to the county auditor.  
The board shall complete the canvass by the evening of the sixth 
day following the election and shall promptly prepare and file 
with the county auditor a report that states:  
     (a) The number of individuals voting at the election in the 
county, and in each precinct; 
     (b) The number of individuals registering to vote on 
election day and the number of individuals registered before 
election day in each precinct; 
     (c) For each major political party, the names of the 
candidates running for each partisan office and the number of 
votes received by each candidate in the county and in each 
precinct; 
     (d) The names of the candidates of each major political 
party who are nominated; and 
     (e) The number of votes received by each of the candidates 
for nonpartisan office in each precinct in the county and the 
names of the candidates nominated for nonpartisan office.  
     Upon completion of the canvass, the county auditor shall 
mail or deliver a notice of nomination to each nominee voted for 
only in that county.  The county auditor shall promptly certify 
transmit one of the certified copies of the county canvassing 
board report for state and federal offices to the secretary of 
state the vote reported by the county canvassing board for 
candidates voted for in more than one county by express mail or 
similar service immediately upon conclusion of the county 
canvass.  
    Subd. 2.  [STATE CANVASS.] The state canvassing board shall 
meet at the secretary of state's office on the second 
Tuesday Friday after the state primary to canvass the certified 
copies of the county canvassing board reports received from the 
county auditors.  No later than two days after the canvassing 
board declares the results, the secretary of state shall certify 
the names of the nominees to the county auditors and shall mail 
to each nominee a notice of nomination. 
    Sec. 15.  Minnesota Statutes 1992, section 204D.04, 
subdivision 2, is amended to read: 
    Subd. 2.  [INSTRUCTIONS TO PRINTER; PRINTER'S BOND.] The 
official charged with the preparation and distribution of the 
ballots shall prepare instructions to the printer for rotation 
of the names of candidates, and for layout of the ballot and for 
providing the ballots in groups of 50.  The instructions shall 
be approved by the legal advisor of the official before delivery 
to the printer.  Before a contract exceeding $1,000 is awarded 
for printing ballots, the printer shall furnish a sufficient 
bond, letter of credit, or certified check, acceptable to the 
official responsible for printing the ballots, in an amount not 
less than $1,000 conditioned on printing the ballots in 
conformity with the Minnesota election law and the instructions 
delivered.  If the cost of the ballots exceeds $1,000 The 
official responsible for printing the ballots shall set the 
amount of the bond, letter of credit, or certified check in an 
amount no greater than equal to the value of the purchase.  
    Sec. 16.  Minnesota Statutes 1992, section 204D.11, 
subdivision 2, is amended to read: 
    Subd. 2.  [PINK BALLOTS.] Amendments to the state 
constitution shall be placed on a ballot printed on pink paper 
which shall be known as the "pink ballot."  The pink ballot 
shall be prepared by the county auditor, in the manner provided 
in the rules of the secretary of state. 
    Sec. 17.  Minnesota Statutes 1992, section 204D.11, 
subdivision 3, is amended to read: 
    Subd. 3.  [CANARY BALLOT.] All questions and the names of 
all candidates for offices to be voted on at the state general 
election which are not placed on the white ballot shall be 
placed on a single ballot printed on canary paper which shall be 
known as the "canary ballot."  The canary ballot shall be 
prepared by the county auditor in the manner provided in the 
rules of the secretary of state. 
    Sec. 18.  Minnesota Statutes 1992, section 204D.11, 
subdivision 6, is amended to read: 
    Subd. 6.  [GRAY BALLOT.] When the canary ballot would be 
longer than 30 inches or when it would not be possible to place 
all offices on a single ballot card, the following judicial 
offices that should be placed on the canary ballot may be placed 
instead on a separate gray ballot: 
    (a) all county or municipal judicial offices; or 
    (b) all county or municipal judicial offices, and all 
district judicial offices. 
    All soil and water conservation district supervisor offices 
may be placed on the gray ballot.  The gray ballot shall be 
prepared by the county auditor in the manner provided in the 
rules of the secretary of state. 
    The gray ballot must be headed with the words:  "District 
Judicial Nonpartisan General Election Ballot."  Separate ballot 
boxes must be provided for these gray ballots.  
    Sec. 19.  Minnesota Statutes 1992, section 204D.24, 
subdivision 2, is amended to read: 
    Subd. 2.  [VOTER REGISTRATION.] In any county with a 
permanent registration system no An individual may register to 
vote at a special primary or special election without being 
properly registered or not recorded under section 203B.19 at any 
time before the day that the polling place rosters for the 
special primary or special election are prepared by the 
secretary of state.  The secretary of state shall provide the 
county auditors with notice of this date at least seven days 
before the printing of the rosters.  This subdivision does not 
apply to a special election held on the same day as the 
presidential primary, state primary, state general election, or 
the regularly scheduled primary or general election of a 
municipality, school district, or special district.  
    Sec. 20.  Minnesota Statutes 1992, section 204D.27, 
subdivision 11, is amended to read: 
    Subd. 11.  [CERTIFICATE OF LEGISLATIVE ELECTION.] A 
certificate of election in a special election for state senator 
or state representative shall be issued by the county auditor or 
the secretary of state to the individual declared elected by the 
county or state canvassing board two days, excluding Sundays and 
legal holidays, after the county appropriate canvassing boards 
finish board finishes canvassing the returns for the election.  
    In case of a contest the certificate shall not be issued 
until the district court determines the contest.  
    Sec. 21.  Minnesota Statutes 1992, section 206.83, is 
amended to read: 
    206.83 [TESTING OF MACHINES VOTING SYSTEMS.] 
    The official in charge of elections shall have the 
automatic tabulating equipment voting system tested to ascertain 
that the equipment system will correctly count the votes cast 
for all candidates and on all questions (1) within five days 
prior to election day, for electronic punch card voting systems, 
or (2) within 14 days prior to election day, for optical scan 
voting systems.  Public notice of the time and place of the test 
must be given at least two days in advance by publication once 
in official newspapers.  The test must be observed by at least 
two election judges, who are not of the same major political 
party, and must be open to representatives of the political 
parties, candidates, the press, and the public.  The test must 
be conducted by processing a preaudited group of ballots punched 
or marked to record a predetermined number of valid votes for 
each candidate and on each question, and must include for each 
office one or more ballot cards which have votes in excess of 
the number allowed by law in order to test the ability of 
the automatic tabulating equipment voting system to reject those 
votes.  If any error is detected, the cause must be ascertained 
and corrected and an errorless count must be made before 
the automatic tabulating equipment is approved voting system may 
be used in the election.  The test for punch card voting systems 
must be repeated immediately before the start of the official 
count of the ballots, in the manner provided in this section.  
After the completion of the count, the programs used and ballot 
cards must be sealed, retained, and disposed of as provided for 
paper ballots. 
    Sec. 22.  Minnesota Statutes 1992, section 206.90, 
subdivision 6, is amended to read: 
    Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
systems, a single ballot card on which all ballot information is 
included must be printed in black ink on white or buff colored 
material except that marks not to be read by the automatic 
tabulating equipment may be printed in another color ink.  If 
more than one ballot card is required, the cards must, so far as 
practicable, be of the same color as is required for paper 
ballots. 
    When optical scan ballots are used, the offices to be 
elected must appear in the following order:  federal offices; 
state legislative offices; constitutional offices; proposed 
constitutional amendments; county offices and questions; 
municipal offices and questions; school district offices and 
questions; special district offices and questions; and judicial 
offices. 
    Sec. 23.  Minnesota Statutes 1992, section 207A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIRED LISTING.] The following 
individuals must be listed as candidates on the appropriate 
major political party presidential ballot with a separate ballot 
for each major political party:  
    (1) any individual who files an affidavit of candidacy 
pursuant to section 204B.06 and submits the appropriate filing 
fee or petition in place of filing fee pursuant to section 
204B.11; and 
    (2) any individual nominated as a candidate for the 
presidential nomination of a political party by a petition 
submitted not later than ten weeks before the primary and 
bearing the names of 1,000 eligible voters from each 
congressional district.  
    In addition, each major political party's ballot must 
contain a place for a voter to indicate a preference for having 
delegates to the party's national convention remain uncommitted, 
and a blank line printed below the other choices on the ballot 
so that a voter may write in the name of a person who is not 
listed on the ballot. 
     The candidates must be listed on the appropriate major 
political party ballot in the order that the affidavits of 
candidacy or nominating petitions for the candidates are filed 
with the secretary of state. 
    Sec. 24.  Minnesota Statutes 1992, section 207A.10, 
subdivision 2, is amended to read: 
    Subd. 2.  [REIMBURSABLE EXPENSES.] The following expenses 
are eligible for reimbursement:  salaries of election judges; 
postage for absentee ballots; preparation of polling places, in 
an amount not to exceed $25 per polling place; preparation of 
electronic voting systems or lever voting machines, in an amount 
not to exceed $50 per precinct; compensation of county 
canvassing board members; publication of the sample ballot; and 
compensation for temporary staff or overtime payments. 
    Sec. 25.  Minnesota Statutes 1992, section 211B.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SOLICITING NEAR POLLING PLACES.] A person 
may not display campaign material, post signs, ask, solicit, or 
in any manner try to induce or persuade a voter within a polling 
place or within 100 feet of the building in which a polling 
place is situated, or anywhere on the public property on which a 
polling place is situated, on primary or election day to vote 
for or refrain from voting for a candidate or ballot question.  
A person may not provide political badges, political buttons, or 
other political insignia to be worn at or about the polling 
place on the day of a primary or election.  A political badge, 
political button, or other political insignia may not be worn at 
or about the polling place on primary or election day.  This 
section applies to areas established by the county auditor or 
municipal clerk for absentee voting as provided in chapter 203B. 
    The secretary of state, county auditor, municipal clerk, or 
school district clerk may distribute provide stickers to the 
county auditors which contain the words "I VOTED" and nothing 
more, and which have been donated to the state without cost.  
Any stickers of this type must be delivered to the county 
auditors at least 30 days prior to the election.  Election 
judges may offer a sticker of this type to each voter who has 
signed the polling place roster. 
    Sec. 26.  Minnesota Statutes 1992, section 211B.14, is 
amended to read: 
    211B.14 [DIGEST OF LAWS.] 
    The secretary of state, with the approval of the attorney 
general, shall prepare and print an easily understandable digest 
of this chapter and annotations of it.  The digest may include 
other related laws and annotations at the discretion of the 
secretary of state. 
    The secretary of state shall distribute the digest to 
candidates and committees through the county auditor or 
otherwise as the secretary of state considers expedient. 
    Sec. 27.  Minnesota Statutes 1992, section 365.51, 
subdivision 2, is amended to read: 
    Subd. 2.  [NOTICE.] The clerk shall give ten days' 
published notice of the time and place of the meeting in a 
qualified newspaper having general circulation in the town.  An 
alternative to published notice is posted notice, as directed by 
the town board unless the electors at an earlier annual town 
meeting direct otherwise.  The notice must include the date on 
which the election will be held if postponement due to bad 
weather is necessary. 
     Sec. 28.  [EFFECTIVE DATE.] 
    Section 24 is effective the day following final enactment. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 3:11 p.m.