Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 147-S.F.No. 72
An act relating to elections; changing and clarifying
provisions of the Minnesota election law; amending
Minnesota Statutes 1996, sections 200.031; 201.061,
subdivision 1; 201.071, subdivision 1; 201.081;
201.12, subdivision 2; 201.121, subdivision 1; 201.13,
subdivisions 1 and 2; 201.15; 201.171; 203B.01, by
adding a subdivision; 203B.03, subdivision 1; 203B.04,
subdivision 1; 203B.06, subdivision 3; 203B.08,
subdivision 1; 203B.11, subdivision 1, and by adding a
subdivision; 203B.12, subdivision 2, and by adding a
subdivision; 203B.13, subdivisions 1 and 2; 203B.16,
by adding a subdivision; 203B.19; 204B.06, by adding a
subdivision; 204B.146; 204B.15; 204B.16, subdivisions
1a and 3; 204B.22, subdivision 1; 204B.23; 204B.27, by
adding a subdivision; 204B.31; 204B.36, subdivision 2;
204C.08, by adding a subdivision; 204C.15, subdivision
1; 204C.31, subdivision 2; 204C.32; 204C.33,
subdivision 1; 205.10, subdivision 3; 205.13,
subdivision 1; 205.17, by adding a subdivision;
205A.05, subdivision 1; 205A.08, by adding a
subdivision; 206.55; 206.56, subdivisions 1, 3, 5, 8,
and 9; 206.57; 206.58; 206.59; 206.61, subdivisions 1,
3, and 5; 206.62; 206.64, subdivision 1; 206.66;
206.80; 206.81; 206.83; 206.84, subdivisions 3, 6, and
7; 206.86, subdivisions 1 and 2; 206.90, subdivisions
4 and 6; 207A.03, subdivision 2; 211B.14; 367.03,
subdivision 1; 367.25, subdivision 1; 387.01; 388.01;
and 626.846, subdivision 6; proposing coding for new
law in Minnesota Statutes, chapters 201; 203B; and
204B; repealing Minnesota Statutes 1996, sections
204D.15, subdivision 2; 206.065; 206.56, subdivisions
4, 6, 10, 11, 12, 13, and 15; 206.60; 206.61,
subdivisions 2, 6, 7, and 8; 206.63; 206.64,
subdivision 2; 206.68; 206.685; 206.69; 206.70;
206.71; 206.72; 206.73; 206.74; 206.75; 206.76;
206.77; 206.84, subdivisions 2, 4, and 5; and 211B.11,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 200.031, is
amended to read:
200.031 [DETERMINATION OF RESIDENCE.]
Residence shall be determined in accordance with the
following principles, so far as they may be applicable to the
facts of the case:
(a) The residence of an individual is in the precinct where
the individual's home is located, from which the individual has
no present intention of moving, and to which, whenever the
individual is absent, the individual intends to return;
(b) An individual does not lose residence if the individual
leaves home to live temporarily in another state or precinct;
(c) An individual does not acquire a residence in any
precinct of this state if the individual is living there only
temporarily, without the intention of making that precinct home;
(d) If an individual goes into another state or precinct
with the intention of making it home or files an affidavit of
residence there for election purposes, the individual loses
residence in the former precinct;
(e) If an individual moves to another state with the
intention of living there for an indefinite period, the
individual loses residence in this state, notwithstanding any
intention to return at some indefinite future time;
(f) Except as otherwise provided in this section, an
individual's residence is located in the precinct where the
individual's family lives, unless the individual's family is
living in that precinct only temporarily;
(g) If an individual's family lives in one precinct and the
individual lives or does business in another, the individual's
residence is located in the precinct where the individual's
family lives, unless the individual establishes a home in the
other precinct and intends to remain there, with or without the
individual's family;
(h) The residence of a single individual is in the precinct
where the individual lives and usually sleeps;
(i) The mere intention to acquire a new residence, is not
sufficient to acquire a new residence, unless the individual
moves to that location; moving to a new location is not
sufficient to acquire a new residence unless the individual
intends to remain there;
(j) The residence of an individual who is working
temporarily in any precinct of this state is in the precinct
where the individual's permanent home is located;
(k) The residence of an individual who is living
permanently in a soldiers' home or nursing home is in the
precinct where the home is located.
(l) If an individual's home lies in more than one precinct
or political subdivision, the residence of the individual is in
the precinct in which a majority of the room in which the
individual usually sleeps is located.
Sec. 2. Minnesota Statutes 1996, section 201.061,
subdivision 1, is amended to read:
Subdivision 1. [PRIOR TO ELECTION DAY.] At any time except
during the 20 days immediately preceding any election, an
eligible voter or any individual who will be an eligible voter
at the time of the next election may register to vote in the
precinct in which the voter maintains residence by completing a
registration card and submitting it in person or by mail to the
county auditor of that county or to the secretary of state's
office. A registration that is received no later than 5:00 p.m.
on the 21st day preceding any election shall be accepted. An
improperly addressed or delivered registration card shall be
forwarded within two working days after receipt to the county
auditor of the county where the voter maintains residence. A
state or local agency or an individual that accepts completed
voter registration cards from a voter must submit the completed
cards to the secretary of state or the appropriate county
auditor within ten days after the cards are dated by the voter.
Sec. 3. Minnesota Statutes 1996, section 201.071,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] A registration card must be of
suitable size and weight for mailing and contain 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, if provided by the voter; date of
registration; and voter's signature. The card must also contain
the following a 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 of voter eligibility.
The form of the voter registration card and the
certification of voter eligibility must be as provided in the
rules of the secretary of state. Voter registration forms
authorized by the National Voter Registration Act may also be
accepted as valid.
Sec. 4. Minnesota Statutes 1996, section 201.081, is
amended to read:
201.081 [REGISTRATION FILES.]
The statewide registration system 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.
A properly completed voter registration card that has been
submitted to the secretary of state or a county auditor must be
maintained by the secretary of state or the county auditor for
at least 22 months after the date that the information on the
card is entered into the database of the statewide registration
system. The secretary of state or the county auditor may
dispose of the cards after retention for 22 months in the manner
provided by section 138.17.
Sec. 5. Minnesota Statutes 1996, section 201.12,
subdivision 2, is amended to read:
Subd. 2. [CHALLENGES.] Upon return of the notice by the
postal service, the county auditor or the auditor's staff
shall personally ascertain the name and address of that
individual. If the individual is no longer at the address
recorded in the statewide registration system, the county
auditor shall change the registrant's status to "challenged" in
the statewide registration system. An individual challenged in
accordance with this subdivision shall comply with the
provisions of section 204C.12, before being allowed to vote. If
a second notice mailed at least 60 days after the return of the
first notice is also returned by the postal service, the county
auditor may remove the registration card from the file and shall
change the registrant's status to "inactive" in the statewide
registration system.
Sec. 6. Minnesota Statutes 1996, section 201.121,
subdivision 1, is amended to read:
Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.] Upon
receiving a voter registration card properly completed and
submitted in accordance with sections 201.061 and 201.071, the
county auditor shall enter in the appropriate registration files
and in the statewide registration system the registration card
or the information contained on it. Voter registration cards
completed before election day must be entered into the statewide
registration system within ten days after they have been
submitted to the county auditor.
Upon receiving a completed voter registration card or form,
the secretary of state may electronically transmit the
information on the card or form to the appropriate county
auditor as soon as possible for review by the county auditor
before final entry into the statewide registration system. The
secretary of state shall may mail the registration card or form
to the county auditor for placement in the appropriate files.
Sec. 7. Minnesota Statutes 1996, section 201.13,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF
DECEASED RESIDENTS.] The commissioner of health shall report
monthly to the secretary of state the name, address, date of
birth, and county of residence of each individual 18 years of
age or older who has died while maintaining residence in
Minnesota since the last previous report. The secretary of
state shall determine if any of the persons listed in the report
are registered to vote and shall prepare a list of those
registrants for each county auditor. Within 60 days after
receiving the list from the secretary of state, the county
auditor shall change the status of those registrants to
"deceased" in the statewide registration system and remove from
the files the registration cards of the voters reported to be
deceased.
Sec. 8. Minnesota Statutes 1996, 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
voter registration cards of voters who have died outside of the
county, After receiving notice of death. of a voter who has died
outside the county, the county auditor shall change the voter's
status to "deceased." 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 database of the statewide registration system
when voter registration cards are removed from the files.
Sec. 9. Minnesota Statutes 1996, section 201.15, is
amended to read:
201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
COMMITMENTS.]
Subdivision 1. [GUARDIANSHIPS, INCOMPETENTS AND
PSYCHOPATHS.] The state court administrator in each county shall
report monthly to the county auditor secretary of state the name
and, address, and date of birth 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) was adjudged legally incompetent by reason of mental
illness, mental deficiency, or inebriation; or
(c) was adjudged a sexually dangerous person or a person
with a sexual psychopathic personality.
The court administrator 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 secretary of state shall determine if any
of the persons in the report is registered to vote and shall
prepare a list of those registrants for the county auditor. The
county auditor shall change the status on the record in the
statewide registration system of any individual named in the
report to indicate that the individual is not eligible to
reregister or vote.
Subd. 2. [RESTORATION TO CAPACITY.] The district judge in
each county state court administrator shall report monthly to
the county auditor secretary of state the name and, address,
and date of birth 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
exercising probate jurisdiction of a restoration to capacity, or
of a transfer from guardianship to conservatorship, The
secretary of state shall determine if any of the persons in the
report is registered to vote and shall prepare a list of those
registrants for the county auditor. The county auditor shall
change the status on the voter's record in the statewide
registration system to "active."
Sec. 10. [201.155] [REPORT ON FELONY CONVICTIONS.]
The state court administrator shall report monthly to the
secretary of state the name, address, date of birth, date of
sentence, effective date of the sentence, and county in which
the conviction occurred of each person who has been convicted of
a felony. The state court administrator shall also report the
name, address, and date of birth of each person previously
convicted of a felony whose civil rights have been restored.
The secretary of state shall determine if any of the persons in
the report is registered to vote and shall prepare a list of
those registrants for each county auditor. The county auditor
shall change the status of those registrants in the appropriate
manner in the statewide registration system.
Sec. 11. Minnesota Statutes 1996, section 201.171, is
amended to read:
201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE;
REGISTRATION REMOVED.]
Within six weeks after every election, the county auditor
shall post the voting history for every person who voted in the
election. After the close of the calendar year, the secretary
of state shall determine if any registrants have not voted
during the preceding four years and shall change the status of
those registrants to "inactive" in the statewide registration
system. The secretary of state shall also prepare a report to
the county auditor containing the names of all registrants whose
status was changed to "inactive."
The county auditor shall remove the voter registration card
of any voter whose name appears on the report. Although not
counted in an election, a late absentee ballot must be
considered a vote for the purpose of continuing registration.
Sec. 12. Minnesota Statutes 1996, section 203B.01, is
amended by adding a subdivision to read:
Subd. 4. [HEALTH CARE FACILITY.] "Health care facility"
means a licensed hospital, sanitarium, or other institution as
defined in section 144.50, subdivision 2, or a nursing home
licensed to serve adults under section 144A.02.
Sec. 13. Minnesota Statutes 1996, section 203B.03,
subdivision 1, is amended to read:
Subdivision 1. [VIOLATION.] No individual shall
intentionally:
(a) make or sign any false certificate required by this
chapter;
(b) make any false or untrue statement in any application
for absentee ballots;
(c) apply for absentee ballots more than once in any
election with the intent to cast an illegal ballot;
(d) exhibit a ballot marked by that individual to any other
individual;
(e) do any act in violation of the provisions of this
chapter for the purpose of casting an illegal vote in any
precinct or for the purpose of aiding another to cast an illegal
vote; or
(f) use information from absentee ballot materials or
records for purposes unrelated to elections, political
activities, or law enforcement; or
(g) provide assistance to an absentee voter except in the
manner provided by section 204C.15, subdivision 1.
Before inspecting information from absentee ballot
materials or records, an individual shall provide identification
to the public official having custody of the material or
information.
Sec. 14. Minnesota Statutes 1996, 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 less
than one day before the day of that election. The county
auditor shall prepare absentee ballot application forms in the
format provided in the rules of the secretary of state and shall
furnish them to any person on request. 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, or school
district if applicable, where the applicant maintains residence.
An application shall be accepted if it is signed and dated
by the applicant, contains the applicant's name and 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. An application may be submitted to the county
auditor or municipal clerk by an electronic facsimile device, at
the discretion of the auditor or clerk. An application mailed
or returned in person to the county auditor or municipal clerk
on behalf of a voter by a person other than the voter must be
deposited in the mail or returned in person to the county
auditor or municipal clerk within ten days after it has been
dated by the voter and no later than six days before the
election. The absentee ballot applications or a list of persons
applying for an absentee ballot may not be made available for
public inspection until the close of voting on election day.
Sec. 15. Minnesota Statutes 1996, section 203B.06,
subdivision 3, is amended to read:
Subd. 3. [DELIVERY OF BALLOTS.] If an application for
absentee ballots is accepted at a time when absentee ballots are
not yet available for distribution, the county auditor, or
municipal clerk accepting the application shall file it and as
soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an
application for absentee ballots is accepted when absentee
ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:
(a) Mail the ballots to the voter whose signature appears
on the application if the application is submitted by mail; or
(b) Deliver the absentee ballots directly to the voter if
the application is submitted in person; or
(c) Deliver the absentee ballots in a sealed transmittal
envelope to an agent who has been designated to bring the
ballots to a voter who is a patient in a health care facility,
as provided in section 203B.11, subdivision 4.
If an application does not indicate the election for which
absentee ballots are sought, the county auditor or municipal
clerk shall mail or deliver only the ballots for the next
election occurring after receipt of the application. Only one
set of ballots may be mailed or delivered to an applicant for
any election, except as provided in section 203B.13, subdivision
2, or when a replacement ballot has been requested by the voter
for a ballot that has been spoiled or lost in transit.
This subdivision does not apply to applications for
absentee ballots received pursuant to sections 203B.04,
subdivision 2, and 203B.11.
Sec. 16. Minnesota Statutes 1996, section 203B.08,
subdivision 1, is amended to read:
Subdivision 1. [MARKING AND RETURN BY VOTER.] An eligible
voter who receives absentee ballots as provided in this chapter
shall mark them in the manner specified in the directions for
casting the absentee ballots. The return envelope containing
marked ballots may be mailed as provided in the directions for
casting the absentee ballots or may be left with the county
auditor or municipal clerk who transmitted the absentee ballots
to the voter.
The voter may designate an agent to deliver in person the
sealed absentee ballot return envelope to the county auditor or
municipal clerk or to deposit the return envelope in the mail.
An agent may deliver or mail the return envelopes of not more
than three voters in any election. Any person designated as an
agent who tampers with either the return envelope or the voted
ballots or does not immediately mail or deliver the return
envelope to the county auditor or municipal clerk is guilty of a
misdemeanor.
Sec. 17. [203B.081] [LOCATIONS FOR ABSENTEE VOTING IN
PERSON.]
An eligible voter may vote by absentee ballot in the office
of the county auditor and at any other polling place designated
by the county auditor during the 30 days before the election.
At least one voting booth in each polling place must be made
available by the county auditor for this purpose.
Sec. 18. Minnesota Statutes 1996, section 203B.11,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Each full-time municipal clerk
who has authority under section 203B.05 to administer absentee
voting laws shall designate election judges to deliver absentee
ballots in accordance with this section. The county auditor may
also designate election judges to perform the duties in this
section. A ballot may be delivered only to an eligible voter
who is a temporary or permanent resident or patient in a health
care facility or hospital located in the municipality in which
the voter maintains residence. The ballots shall be delivered
by two election judges, each of whom is affiliated with a
different major political party. When the election judges
deliver or return ballots as provided in this section, they
shall travel together in the same vehicle. Both election judges
shall be present when an applicant completes the certificate of
eligibility and marks the absentee ballots, and may assist an
applicant as provided in section 204C.15. The election judges
shall deposit the return envelopes containing the marked
absentee ballots in a sealed container and return them to the
clerk on the same day that they are delivered and marked.
Sec. 19. Minnesota Statutes 1996, section 203B.11, is
amended by adding a subdivision to read:
Subd. 4. [AGENT DELIVERY OF BALLOTS.] During the four days
preceding an election and until 4:00 p.m. on election day, an
eligible voter who is a patient of a health care facility may
designate an agent to deliver the ballots to the voter from the
county auditor or municipal clerk. The voted ballots must be
returned to the county auditor or municipal clerk no later than
5:00 p.m. on election day. The voter must complete an affidavit
requesting the auditor or clerk to provide the agent with the
ballots in a sealed transmittal envelope. The affidavit must
include a statement from the voter stating that the ballots were
delivered to the voter by the agent in the sealed transmittal
envelope. An agent may deliver ballots to no more than three
persons in any election. The secretary of state shall provide
samples of the affidavit and transmission envelope for use by
the county auditors.
Sec. 20. Minnesota Statutes 1996, section 203B.12,
subdivision 2, is amended to read:
Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more
election judges shall examine each return envelope and shall
mark it accepted or rejected in the manner provided in this
subdivision. If a ballot has been prepared under section
204B.12, subdivision 2a, or 204B.41, the election judges shall
not begin removing ballot envelopes from the return envelopes
until 8:00 p.m. on election day, either in the polling place or
at an absentee ballot board established under section 203B.13.
The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges or a majority of them are
satisfied that:
(1) the voter's name and address on the return envelope are
the same as the information provided on the absentee ballot
application;
(a) (2) the voter's signature on the return envelope is the
genuine signature of the individual who made the application for
ballots and the certificate has been completed as prescribed in
the directions for casting an absentee ballot;
(b) (3) the voter is registered and eligible to vote in the
precinct or has included a properly completed registration card
in the return envelope; and
(c) (4) the voter has not already voted at that election,
either in person or by absentee ballot.
The return envelope from accepted ballots must be preserved
and returned to the county auditor.
If all or a majority of the election judges examining
return envelopes find that an absent voter has failed to meet
one of the requirements prescribed in clauses (a) (1) to
(c) (4), they shall mark the return envelope "Rejected," initial
or sign it below the word "Rejected," and return it to the
county auditor.
Sec. 21. Minnesota Statutes 1996, section 203B.12, is
amended by adding a subdivision to read:
Subd. 7. [NAMES OF PERSONS SUBMITTING ABSENTEE
BALLOTS.] The names of voters who have submitted an absentee
ballot return envelope to the county auditor or municipal clerk
may not be made available for public inspection until the close
of voting on election day.
Sec. 22. Minnesota Statutes 1996, section 203B.13,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The governing body of
any county that has established a counting center as provided in
section 206.85, subdivision 2, any municipality may by
ordinance, or the school board of any school district may
by ordinance or resolution, authorize an absentee ballot board.
The board shall consist of a sufficient number of election
judges appointed as provided in sections 204B.19 to 204B.22.
Sec. 23. Minnesota Statutes 1996, section 203B.13,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The absentee ballot board may do any of
the following:
(a) Receive from each precinct in the municipality or
school district all ballot envelopes marked "Accepted" by the
election judges; provided that the governing body of a
municipality or the school board of a school district may
authorize the board to examine all return absentee ballot
envelopes and receive or reject absentee ballots in the manner
provided in section 203B.12;
(b) Open and count the absentee ballots, tabulating the
vote in a manner that indicates each vote of the absentee voter
and the total absentee vote cast for each candidate or question
in each precinct; or
(c) Report the vote totals tabulated for each precinct.
The absentee ballot board may begin the process of
examining the return envelopes and marking them "accepted" or
"rejected" at any time during the 30 days before the election.
If an envelope has been rejected at least five days before the
election, the ballots in the envelope must be considered spoiled
ballots and the official in charge of the absentee ballot board
shall provide the voter with a replacement absentee ballot and
return envelope in place of the spoiled ballot. The secretary
of state shall provide samples of the replacement ballot and
return envelope for use by the county auditor.
Sec. 24. Minnesota Statutes 1996, section 203B.16, is
amended by adding a subdivision to read:
Subd. 3. [DUTIES OF MUNICIPAL CLERK.] The municipal clerk
shall administer the duties of the county auditor in sections
203B.16 to 203B.27 for municipal elections not held on the same
day as a state or county election.
Sec. 25. Minnesota Statutes 1996, section 203B.19, is
amended to read:
203B.19 [RECORDING APPLICATIONS.]
Upon accepting an application, the county auditor shall
record in a permanent register the voter's name, address of
present or former residence in Minnesota, mailing address,
school district number, and the category under section 203B.16,
to which the voter belongs. After recording this information,
The county auditor shall retain the application record for two
four years after the date of the next general election. A voter
whose name is recorded as provided in this section shall not be
required to register under any other provision of law in order
to vote under sections 203B.16 to 203B.27.
Sec. 26. Minnesota Statutes 1996, section 204B.06, is
amended by adding a subdivision to read:
Subd. 8. [PROOF OF ELIGIBILITY.] A candidate for judicial
office or for the office of county attorney shall submit with
the affidavit of candidacy proof that the candidate is licensed
to practice law in this state.
A candidate for county sheriff shall submit with the
affidavit of candidacy proof of licensure as a peace officer in
this state.
Sec. 27. Minnesota Statutes 1996, section 204B.146, is
amended to read:
204B.146 [DUTIES OF SECRETARY OF STATE.]
Subdivision 1. [REDISTRICTING.] The secretary of state
shall conduct conferences with the county auditors, municipal
clerks, and school district clerks to instruct them on the
procedures for redistricting of election districts and
establishment of election precincts in the year ending in one.
Subd. 2. [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The
secretary of state shall maintain a computer database of
precinct and election district boundaries. The secretary of
state shall revise the information in the database whenever a
precinct or election district boundary is changed. The
secretary of state shall prepare maps illustrating precinct and
election district boundaries in either paper or electronic
formats and make them available to the public at the cost of
production.
The secretary of state may authorize municipalities and
counties to provide updated precinct and election district
boundary information in electronic formats.
The secretary of state shall provide periodic updates of
precinct and election district boundaries to the legislative
coordinating commission, the state demographer, and the land
management information center.
At least 30 days before the state primary, the secretary of
state shall provide the county auditor with maps of each
precinct in municipalities with more than one precinct. The
county auditor shall forward the maps to the appropriate
municipal clerks, who shall post the map in the polling place on
the day of the state primary and the state general election.
Sec. 28. Minnesota Statutes 1996, section 204B.15, is
amended to read:
204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.]
A county board, at its meeting in either January or July,
upon the petition of not less than ten eligible voters residing
in unorganized territory more than ten miles from the polling
place in any established precinct, shall may establish a new
election precinct precincts to serve the residents of
unorganized territories. The board shall designate a polling
place for the new precinct that is convenient for the
individuals residing in it. No polling place designated under
this section shall be located within ten miles of an existing
polling place.
Sec. 29. Minnesota Statutes 1996, section 204B.16,
subdivision 1a, is amended to read:
Subd. 1a. [NOTICE TO VOTERS.] If the location of a polling
place has been changed, the governing body establishing the
polling place shall send each to every affected household with
at least one 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. 30. Minnesota Statutes 1996, section 204B.16,
subdivision 3, is amended to read:
Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The
designation of a polling place pursuant to this section shall
remain effective until a different polling place is designated
for that precinct. No designation of a new or different polling
place shall become effective less than 30 90 days prior to an
election and no polling place changes may occur during the
period between the state primary and the state general election,
except that a new polling place may be designated to replace a
polling place that has become unavailable for use.
Sec. 31. Minnesota Statutes 1996, section 204B.22,
subdivision 1, is amended to read:
Subdivision 1. [MINIMUM NUMBER REQUIRED.] A minimum of
three election judges shall be appointed for each precinct. In
a combined polling place under section 204B.14, subdivision 2,
at least one judge must be appointed from each municipality in
the combined polling place, provided that not less than three
judges shall be appointed for each combined polling place. The
appointing authorities may appoint election judges for any
precinct in addition to the number required by this subdivision
including additional election judges to count ballots after
voting has ended. An election judge may serve for all or part
of election day, at the discretion of the appointing authority,
as long as the minimum number of judges required is always
present.
Sec. 32. Minnesota Statutes 1996, section 204B.23, is
amended to read:
204B.23 [VACANCIES AMONG ELECTION JUDGES.]
A vacancy on an election board occurs when any election
judge who is a member of that board:
(a) Fails to arrive at the polling place within 30 minutes
after the time when the polling place is scheduled to open;
(b) Becomes unable to perform the duties of the office
after assuming those duties; or
(c) For any reason fails or refuses to perform the duties
of the office as assigned by the chair of the election board.
When a vacancy occurs, the remaining election judges of the
precinct shall elect an individual to fill the vacancy subject
to the provisions of section 204B.19. When possible the
election judges shall elect individuals who have been trained as
election judges pursuant to section 204B.25. The oath signed by
the new election judge shall indicate that the new election
judge was elected to fill a vacancy. The municipal clerk may
assign election judges to fill vacancies as they occur.
Sec. 33. Minnesota Statutes 1996, section 204B.27, is
amended by adding a subdivision to read:
Subd. 9. [ELECTION SUPPLY CONTRACT.] The secretary of
state may enter into a statewide contract from which any county
auditor may purchase ballots, forms, or other election supplies.
Sec. 34. Minnesota Statutes 1996, section 204B.31, is
amended to read:
204B.31 [COMPENSATION FOR ELECTION SERVICES.]
Subdivision 1. [COMPENSATION.] The compensation for
services performed under the Minnesota election law shall be as
follows:
(a) To presidential electors from funds appropriated to the
secretary of state for this purpose, $35 for each day of
attendance at the capitol and mileage for travel to and from the
capitol in the amount allowed for state employees in accordance
with section 43A.18, subdivision 2;
(b) To individuals, other than county, city, school
district, or town employees during their normal work day, who
are appointed by the county auditor to carry ballots to or from
the county auditor's office, a sum not less than the prevailing
Minnesota minimum wage for each hour spent in carrying ballots
and mileage in the amount allowed pursuant to section 471.665,
subdivision 1;
(c) To members of county canvassing boards, a sum not less
than the prevailing Minnesota minimum wage for each hour
necessarily spent and an amount for each mile of necessary
travel equal to the amount allowed pursuant to section 471.665,
subdivision 1;
(d) To election judges serving in any city, an amount fixed
by the governing body of the city; to election judges serving in
any school district election which is not held in conjunction
with a state election, an amount fixed by the school board of
the school district; to election judges serving in unorganized
territory, an amount fixed by the county board; and to election
judges serving in towns, an amount fixed by the town board.
Election judges shall receive at least the prevailing Minnesota
minimum wage for each hour spent carrying out their duties at
the polling places and in attending training sessions required
by section 204B.25, except as provided in subdivision 2. An
election judge who travels to pick up election supplies or to
deliver election returns to the county auditor shall receive, in
addition to other compensation authorized by this section, a sum
not less than the prevailing Minnesota minimum wage for each
hour spent performing these duties, plus mileage in the same
amount as allowed pursuant to section 471.665, subdivision 1;
and
(e) To sergeants at arms, an amount for each hour of
service performed at the direction of the election judges, fixed
in the same manner as compensation for election judges.
Subd. 2. [VOLUNTEER SERVICE.] Any person appointed to
serve as an election judge may elect to serve without payment by
submitting a written statement to the appropriate governing body
no later than ten days before the election.
Sec. 35. Minnesota Statutes 1996, section 204B.36,
subdivision 2, is amended to read:
Subd. 2. [CANDIDATES AND OFFICES.] The name of each
candidate shall be printed at a right angle to the length of the
ballot. At a general election the name of the political party
or the political principle of each candidate for partisan office
shall be printed above or below the name of the candidate. The
name of a political party or a political principle shall be
printed in capital and lower case letters of the same type, with
the capital letters at least one-half the height of the capital
letters used for names of the candidates. At a general
election, blank lines containing the words "write-in, if any"
shall be printed below the name of the last candidate for each
office, or below the title of the office if no candidate has
filed for that office, so that a voter may write in the names of
individuals whose names are not on the ballot. One blank line
shall be printed for each officer of that kind to be elected.
At a primary election, no blank lines shall be provided for
writing in the names of individuals whose names do not appear on
the primary ballot.
On the left side of the ballot at the same level with the
name of each candidate and each blank line shall be printed a
square in which the voter may designate a vote by a mark (X).
Each square shall be the same size. Above the first name on
each ballot shall be printed the words, "Put an (X) in the
square opposite the name of each candidate you wish to vote
for." At the same level with these words and directly above the
squares shall be printed a small arrow pointing downward.
Directly underneath the official title of each office shall be
printed the words "Vote for one" or "Vote for up to ..." (any
greater number to be elected).
Sec. 36. [204B.47] [ALTERNATE ELECTION PROCEDURES; DUTIES
OF SECRETARY OF STATE.]
When a provision of the Minnesota election law cannot be
implemented as a result of an order of a state or federal court,
the secretary of state shall adopt alternate election procedures
to permit the administration of any election affected by the
order. The alternate procedures remain in effect until the
first day of July following the next succeeding final
adjournment of the legislature, unless otherwise provided by law
or by court order.
Sec. 37. Minnesota Statutes 1996, section 204C.08, is
amended by adding a subdivision to read:
Subd. 2a. [SAMPLE BALLOTS.] A sample ballot must be posted
in a conspicuous location in the polling place. The sample
ballot must accurately reflect the offices, candidates, and
rotation sequence on the ballots used in that polling place.
Sec. 38. Minnesota Statutes 1996, section 204C.15,
subdivision 1, is amended to read:
Subdivision 1. [INTERPRETERS; PHYSICAL ASSISTANCE IN
MARKING BALLOTS.] A voter who claims under oath a need for
assistance because of inability to read English or physical
inability to mark a ballot may obtain the aid of two election
judges who are members of different major political parties.
The election judges shall mark the ballots as directed by the
voter and in as secret a manner as circumstances permit. If the
voter is deaf or cannot speak English or understand it when it
is spoken, the election judges may select two individuals who
are members of different major political parties to act as
interpreters. The interpreters shall take an oath similar to
that taken by election judges, and shall assist the individual
in marking the ballots. A voter in need of assistance may
alternatively obtain the assistance of any individual the voter
chooses. The individual who assists the voter shall take an
oath of eligibility to do so. Only the following persons may
not provide assistance to a voter: the voter's employer, an
agent of the voter's employer, an officer or agent of the
voter's union, or a candidate for election. The person who
assists the voter shall, unaccompanied by an election judge,
retire with that voter to a booth and mark the ballot as
directed by the voter. No person who assists another voter as
provided in the preceding sentence shall mark the ballots of
more than three voters at one election. Before the ballots are
deposited, the voter may show them privately to an election
judge to ascertain that they are marked as the voter directed.
An election judge or other individual assisting a voter shall
not in any manner request, persuade, induce, or attempt to
persuade or induce the voter to vote for any particular
political party or candidate. The election judges or other
individuals who assist the voter shall not reveal to anyone the
name of any candidate for whom the voter has voted or anything
that took place while assisting the voter.
Sec. 39. Minnesota Statutes 1996, 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 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. 40. Minnesota Statutes 1996, 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 no later than the third day following
the state primary 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 transmit one of
the certified copies of the county canvassing board report for
state and federal offices to the secretary of state 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
Friday seven days 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 Immediately
after the canvassing board declares the results, the secretary
of state shall certify the names of the nominees to the county
auditors and. The secretary of state shall mail to each nominee
a notice of nomination.
Sec. 41. Minnesota Statutes 1996, section 204C.33,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY CANVASS.] The county canvassing
board shall meet at the county auditor's office on or before the
third seventh day following the state general election. After
taking the oath of office, the board shall promptly and publicly
canvass the general election returns delivered to the county
auditor. Upon completion of the canvass, the board shall
promptly prepare and file with the county auditor a report which
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) The names of the candidates for each office and the
number of votes received by each candidate in the county and in
each precinct;
(d) The number of votes counted for and against a proposed
change of county lines or county seat; and
(e) The number of votes counted for and against a
constitutional amendment or other question in the county and in
each precinct.
The result of write-in votes cast on the general election
ballots must be compiled by the county auditor before the county
canvass. The county auditor shall arrange for each municipality
to provide an adequate number of election judges to perform this
duty or the county auditor may appoint additional election
judges for this purpose. The county auditor may open the
envelopes or containers in which the voted ballots have been
sealed in order to count and record the write-in votes and must
reseal the voted ballots at the conclusion of this process.
Upon completion of the canvass, the county canvassing board
shall declare the candidate duly elected who received the
highest number of votes for each county and state office voted
for only within the county. The county auditor shall promptly
certify to the secretary of state the vote reported by the
county canvassing board for candidates voted for in more than
one county. The county auditor shall transmit one of the
certified copies of the county canvassing board report for state
and federal offices to the secretary of state by express mail or
similar service immediately upon conclusion of the county
canvass.
Sec. 42. Minnesota Statutes 1996, section 205.10,
subdivision 3, is amended to read:
Subd. 3. [PROHIBITION.] No special election shall be held
under this section on the second Tuesday in December and no
special election authorized under subdivision 1 may be held
within 40 days after the state general election.
Sec. 43. Minnesota Statutes 1996, section 205.13,
subdivision 1, is amended to read:
Subdivision 1. [AFFIDAVIT OF CANDIDACY.] An individual who
is eligible and desires to become a candidate for an office to
be voted for at the municipal general election shall file an
affidavit of candidacy with the municipal clerk. Subject to the
approval of the county auditor, the town clerk may authorize
candidates for township offices to file affidavits of candidacy
with the county auditor. The affidavit shall be in
substantially the same form as that in section 204B.06,
subdivision 1. The municipal clerk shall also accept an
application signed by not less than five voters and filed on
behalf of an eligible voter in the municipality whom they desire
to be a candidate, if service of a copy of the application has
been made on the candidate and proof of service is endorsed on
the application being filed. Upon receipt of the proper filing
fee, the clerk shall place the name of the candidate on the
official ballot without partisan designation.
Sec. 44. Minnesota Statutes 1996, section 205.17, is
amended by adding a subdivision to read:
Subd. 6. [FORM OF BALLOT.] The ballots for municipal
elections must be prepared by the municipal clerk in the manner
provided in the rules of the secretary of state.
Sec. 45. Minnesota Statutes 1996, section 205A.05,
subdivision 1, is amended to read:
Subdivision 1. [QUESTIONS.] Special elections must be held
for a school district on a question on which the voters are
authorized by law to pass judgment. The school board may on its
own motion call a special election to vote on any matter
requiring approval of the voters of a district. Upon petition
of 50 or more voters of the school district or five percent of
the number of voters voting at the preceding regular school
district election, the school board shall by resolution call a
special election to vote on any matter requiring approval of the
voters of a district. A question is carried only with the
majority in its favor required by law. The election officials
for a special election are the same as for the most recent
school district general election unless changed according to
law. Otherwise, special elections must be conducted and the
returns made in the manner provided for the school district
general election. A special election may not be held during the
30 days before and the 30 days after the state primary or,
during the 30 days before and the 40 days after the state
general election, or on the second Tuesday in December. In
addition, a special election may not be held during the 20 days
before and the 20 days after any regularly scheduled election of
a municipality wholly or partially within the school district.
Notwithstanding any other law to the contrary, the time period
in which a special election must be conducted under any other
law may be extended by the school board to conform with the
requirements of this subdivision.
Sec. 46. Minnesota Statutes 1996, section 205A.08, is
amended by adding a subdivision to read:
Subd. 5. [FORM OF BALLOT.] The ballots for school district
elections must be prepared by the school district clerk in the
manner provided in the rules of the secretary of state.
Sec. 47. Minnesota Statutes 1996, section 206.55, is
amended to read:
206.55 [MINNESOTA ELECTION LAW APPLIES.]
The use of lever voting machines and electronic voting
systems is governed by sections 206.55 to 206.87 206.90 and by
all other provisions of the Minnesota election law which are not
inconsistent with sections 206.55 to 206.87 206.90.
Sec. 48. Minnesota Statutes 1996, section 206.56,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] The definitions in chapter 200 and
in this section apply to sections 206.55 to 206.87 206.90.
Sec. 49. Minnesota Statutes 1996, section 206.56,
subdivision 3, is amended to read:
Subd. 3. [BALLOT.] "Ballot" includes ballot strips, ballot
cards, ballot booklets, and paper ballots.
Sec. 50. Minnesota Statutes 1996, section 206.56,
subdivision 5, is amended to read:
Subd. 5. [BALLOT CARD.] "Ballot card" means a ballot which
is voted by the process of punching or which is marked so that
votes may be counted by automatic tabulating equipment.
Sec. 51. Minnesota Statutes 1996, section 206.56,
subdivision 8, is amended to read:
Subd. 8. [ELECTRONIC VOTING SYSTEM.] "Electronic voting
system" means a system in which the voter records votes by means
of marking or punching a ballot, which is designed so that votes
may be counted by automatic tabulating equipment at a counting
center.
Sec. 52. Minnesota Statutes 1996, section 206.56,
subdivision 9, is amended to read:
Subd. 9. [MARKING DEVICE.] "Marking device" means either
an apparatus in which ballot cards are inserted and used in
connection with a punch instrument for the piercing of the
ballot cards by the voter or any approved device for marking a
paper ballot with ink or other substance which will enable the
ballot to be tabulated by means of automatic tabulating
equipment. The mark made by the marking device may be in the
form of a round dot, a square, or any other shape that will
clearly indicate the intent of the voter.
Sec. 53. Minnesota Statutes 1996, section 206.57, is
amended to read:
206.57 [EXAMINATION OF NEW VOTING SYSTEMS.]
Subdivision 1. [EXAMINATION AND REPORT BY SECRETARY OF
STATE; APPROVAL.] A vendor of a lever voting machine or an
electronic voting system may apply to the secretary of state to
examine the machine or system and to report as to its compliance
with the requirements of law and as to its accuracy, durability,
efficiency, and capacity to register the will of voters. The
secretary of state or a designee shall examine the machine or
system submitted and file a report on it in the office of the
secretary of state. Examination is not required of every
individual machine or counting device, but only of each type of
lever voting machine or electronic voting system before its
adoption, use, or purchase and before its continued use after
significant changes have been made in an approved machine or
system. The examination must include the ballot programming,
vote counting, and vote accumulation functions of each voting
machine or system.
If the report of the secretary of state or the secretary's
designee concludes that the kind of machine or system examined
complies with the requirements of sections 206.55 to 206.90 and
can be used safely, the machine or system shall be deemed
approved by the secretary of state, and may be adopted and
purchased for use at elections in this state. A voting machine
or system not approved by the secretary of state may not be used
at an election in this state. The secretary of state may adopt
permanent rules consistent with sections 206.55 to 206.90
relating to the examination and use of voting machines and
electronic voting systems.
Subd. 2. [EXAMINATION FEE.] The secretary of state may
assess a fee to accompany the application to cover the actual
and necessary costs for the examinations and licenses provided
for in this section. The fee shall must be deposited in the
state treasury. The expenses of administering this
section shall must be paid from the appropriations made to the
secretary of state.
Subd. 4. [VENDOR BONDS.] Vendors of lever voting machines
or electronic voting systems shall certify to the secretary of
state that they will not offer for sale any voting machine or a
system which is not certified for use in Minnesota elections.
The vendor shall furnish a bond in the amount of $5,000 along
with the certification to the secretary of state conditioned on
offering the equipment for sale in accordance with Minnesota
election laws and any conditions of the approval of the
equipment granted as provided in this section.
Sec. 54. Minnesota Statutes 1996, section 206.58, is
amended to read:
206.58 [AUTHORIZATION FOR USE.]
Subdivision 1. [MUNICIPALITIES.] The governing body of a
municipality, at a regular meeting or at a special meeting
called for the purpose, may provide for the use of lever voting
machines or, by the affirmative vote of two-thirds of its
members, may provide for the use of an electronic voting system,
in one or more precincts and at all elections in the precincts,
subject to approval by the county auditor. The governing body
shall disseminate information to the public about the use of a
new voting system at least 60 days prior to the election and
shall provide for instruction of voters with a demonstration
voting machine or device system in a public place for the six
weeks immediately prior to the first election at which the new
voting system will be used.
If a machine is designed in a way that does not allow
voting on all candidates and issues pursuant to this chapter,
the machines may be used to the extent compliance with this
chapter is possible and paper ballots complying with election
laws shall be used for all other offices and issues. No machine
or system shall may be adopted or used unless it has been
approved by the secretary of state pursuant to section 206.57.
Subd. 2. [MAY USE EXPERIMENTAL MACHINES SYSTEMS.] The
governing body of a municipality may provide for the
experimental use of lever voting machines or an electronic
voting system in one or more precincts without formal adoption
of the machines or system. Use of the machines or system at an
election shall be is as valid for all purposes as if the
machines or system had been permanently adopted.
When If the governing body of a municipality decides to use
lever voting machines or an electronic voting system, it shall,
at a regular or special meeting held not less than 30 days
before the election, prescribe suitable rules and instructions
consistent with sections 206.55 to 206.87 206.90 for using the
machine or system and shall submit the rules and instructions to
the secretary of state for approval. When approved, a printed
copy of the rules and instructions shall must be posted
prominently in the polling place and shall must remain open to
inspection by the voters throughout election day.
Subd. 3. [COUNTIES.] The governing body of a county may
provide for the use of lever voting machines an electronic
voting system in one or more precincts of the county at all
elections. The governing body of a county containing a city of
the first class, at a regular meeting or at a special meeting
called for the purpose, may provide for the use of lever voting
machines or, by the affirmative vote of two-thirds of its
members, may provide for the use of an electronic voting system,
in one or more municipalities of the county, at all elections.
The governing body of the municipality shall give approval
before a voting machine or an electronic voting system may be
adopted or used in the municipality under the authority of this
section. No machine or system may be adopted or used unless it
has been approved by the secretary of state pursuant to section
206.57.
Subd. 4. [CERTIFICATION OF USE OF VOTING MACHINES
SYSTEMS.] When If a municipality adopts the use of lever voting
machines or an electronic voting system, it is the duty of the
municipal clerk to shall certify to the secretary of state
within 30 days from the date of adoption that lever voting
machines or an electronic voting system will be used in the
municipality and the date when use will commence.
Sec. 55. Minnesota Statutes 1996, section 206.59, is
amended to read:
206.59 [PAYMENT FOR MACHINES VOTING SYSTEMS.]
Payment for lever voting machines or an electronic voting
system may be provided for in the manner deemed in the best
interests of the political division adopting and purchasing them
it. A municipality or county may make payment by appropriating
money from the general fund, by levying a tax in the same manner
as other taxes are levied, or by issuing and selling bonds or
other certificates of indebtedness, which shall must be a charge
upon the municipality or county adopting and purchasing
the lever voting machines or electronic voting system. Bonds or
other certificates of indebtedness may be issued by a majority
vote of the governing body of the municipality or county
adopting and purchasing voting machines or an electronic voting
system, notwithstanding any contrary provision contained in any
home rule charter or law of this state.
The bonds or certificates of indebtedness issued may bear
interest at a rate not exceeding the rate provided in section
475.55 and may be made payable at a time not exceeding 20 years
from the date of issue, as determined by the resolution or
ordinance authorizing the issue. The bonds or certificates of
indebtedness may be issued exclusive of and in addition to any
limit of indebtedness fixed by the charter of a municipality, or
by laws governing a municipality or county, but the bonds or
certificates of indebtedness may not be issued or sold at less
than par and accrued interest on them.
Sec. 56. Minnesota Statutes 1996, section 206.61,
subdivision 1, is amended to read:
Subdivision 1. [OFFICIAL RESPONSIBLE FOR PROVIDING
BALLOTS.] The official charged with providing paper ballots when
they are used shall provide all ballot strips and ballot cards,
ballot booklets, diagrams, sample ballots, precinct summary
statements, and other necessary supplies needed for lever voting
machines or electronic voting systems, except as otherwise
provided by this section.
At general elections and primaries the county auditor of
each county in which lever voting machines or an electronic
voting system are is used shall provide all ballot strips,
ballot cards, ballot booklets, and other necessary printed forms
and supplies needed for the lever voting machines or electronic
voting system, including all forms needed for voting on
candidates and questions, the ballots for which are required by
the election laws to be provided by the state when paper ballots
are used.
Sec. 57. Minnesota Statutes 1996, section 206.61,
subdivision 3, is amended to read:
Subd. 3. [CANDIDATES' NAMES.] Candidates' names may be set
in as large type as the length of the majority of names on the
ballot permits. The remaining candidates' names may be set in
smaller sizes of type as the length of each name requires, in
order to fit the available space on the ballot strip or ballot
booklet card.
Sec. 58. Minnesota Statutes 1996, section 206.61,
subdivision 5, is amended to read:
Subd. 5. [ALTERNATION.] The provisions of the election
laws requiring the alternation of names of candidates shall must
be observed as far as practicable by changing the order of the
names on the lever voting machines or an electronic voting
system in the various precincts so that each name appears on the
machines or marking devices used in a municipality substantially
an equal number of times in the first, last, and in each
intermediate place in the list or group in which they belong.
However, the arrangement of candidates' names shall must be the
same on all lever voting machines or marking devices systems
used in the same precinct. When If the number of names to be
alternated exceeds the number of precincts, the election
official responsible for providing the ballots, in accordance
with subdivision 1, shall determine by lot the alternation of
names.
Sec. 59. Minnesota Statutes 1996, section 206.62, is
amended to read:
206.62 [SAMPLE BALLOTS.]
The officials who prepare ballot strips or ballot booklets
cards shall provide each polling place with at least two sample
ballots which are facsimiles of the ballot strip or ballot
booklet card to be voted on in that precinct. Candidates' names
may not be rotated on the sample ballots but must be arranged in
alphabetical order for all offices where rotation of names on
the official ballots is required by law. The sample ballots may
be either in full or reduced size. They must contain suitable
illustrated directions for voting on a lever voting machine or
for operating a marking device, or illustrated instructions must
be provided on a separate poster placed adjacent to each sample
ballot. The sample ballots must be posted prominently in the
polling place and must remain open to inspection by the voters
throughout election day.
Sec. 60. Minnesota Statutes 1996, section 206.64,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL PROVISIONS FOR LEVER MACHINE
VOTING AND ELECTRONIC SYSTEM VOTING.] Each lever voting machine
and electronic voting system booth must be placed and protected
so that it is accessible to only one voter at a time and is in
full view of all the election judges and challengers at the
polling place. The election judges shall admit one individual
at a time to each machine or booth after determining that the
individual is eligible to vote. Voting by lever voting machine
or electronic voting system shall must be secret, except as
provided in this section for voters who need assistance. A
voter may remain inside the voting booth for three minutes. A
voter who refuses to leave the voting booth after three minutes
shall must be removed by the election judges. An election judge
shall inspect the face of each lever voting machine and marking
device after each voter has voted to determine that the ballot
strips and ballot booklets are in the proper places and that the
machine or device has not been injured or tampered with. During
voting hours the door or other compartment of a lever voting
machine may not be unlocked or opened, nor may the counters be
exposed except by a custodian or other authorized person, who
shall make and sign a statement of explanation to be attached to
the election returns.
Sec. 61. Minnesota Statutes 1996, section 206.66, is
amended to read:
206.66 [VIOLATIONS; PENALTIES.]
Subdivision 1. [INJURING VOTING MACHINES.] An individual
who intentionally injures or attempts to injure or render
ineffectual a lever voting machine or any component of an
electronic voting system, or who violates any of the provisions
of sections 206.55 to 206.90, is guilty of a felony.
Subd. 2. [VIOLATION OF LAW, RULES.] An individual who
violates any rules adopted by the secretary of state or by the
governing body of a municipality where lever voting machines or
an electronic voting system are is used, or who violates any of
the provisions of sections 206.55 to 206.90, is guilty of a
gross misdemeanor.
Subd. 3. [PERFORMANCE BOND.] A vendor of voting machines,
electronic voting systems, or related election services shall
furnish the secretary of state with a sufficient bond
conditioned on the performance of those machines, systems, or
services in accordance with the Minnesota election law and any
contract or agreement made with an election jurisdiction in
Minnesota. The vendor bond required under section 206.57,
subdivision 4, may serve as the performance bond required under
this subdivision. The secretary of state shall send notice of
the receipt or forfeiture of a bond under this subdivision to
each official on the user list.
Sec. 62. Minnesota Statutes 1996, section 206.80, is
amended to read:
206.80 [ELECTRONIC VOTING SYSTEMS.]
(a) An electronic voting system may not be employed unless
it:
(1) permits every voter to vote in secret;
(2) permits every voter to vote for all candidates and
questions for whom or upon which the voter is legally entitled
to vote;
(3) provides for write-in voting when authorized;
(4) rejects by means of the automatic tabulating equipment,
except as provided in section 206.84 with respect to write-in
votes, all votes for an office or question when the number of
votes cast on it exceeds the number which the voter is entitled
to cast;
(5) permits a voter at a primary election to select
secretly the party for which the voter wishes to vote; and
(6) rejects, by means of the automatic tabulating
equipment, all votes cast in a primary election by a voter when
the voter votes for candidates of more than one party, except as
provided in paragraph (b).
(b) A punch card electronic voting system may not be
employed at a partisan primary election unless it permits a
voter at a partisan primary election to select the party for
which the voter wishes to vote by punching out an indicator for
one of the parties only, and must reject, by means of the
automatic tabulating equipment, all votes cast in a partisan
primary election by a voter for candidates of a party other than
the one chosen by the voter from the party indicators.
Sec. 63. Minnesota Statutes 1996, section 206.81, is
amended to read:
206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]
The secretary of state may license an electronic voting
system for experimental use at an election prior to its approval
for general use. Experimental use shall must be observed by the
secretary of state or the secretary's designee and the results
observed shall must be considered at any subsequent proceedings
for approval for general use. The secretary of state may adopt
rules consistent with sections 206.55 to 206.87 206.90 relating
to experimental use. The extent of experimental use shall must
be determined by the secretary of state.
Sec. 64. Minnesota Statutes 1996, section 206.83, is
amended to read:
206.83 [TESTING OF VOTING SYSTEMS.]
The official in charge of elections shall have the voting
system tested to ascertain that the system will correctly count
the votes cast for all candidates and on all questions (1)
within five days prior to election day, for 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 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 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 test, the
programs used and ballot cards must be sealed, retained, and
disposed of as provided for paper ballots.
Sec. 65. Minnesota Statutes 1996, section 206.84,
subdivision 3, is amended to read:
Subd. 3. [BALLOTS.] The ballot information, whether placed
on the ballot card or on the ballot booklet must, as far as
practicable, must be in the same order provided for paper
ballots, except that the information may be in vertical or
horizontal rows, or on a number of separate pages. The
secretary of state shall provide by rule for standard ballot
formats for electronic voting systems.
The pages of a partisan primary ballot booklet must be
different colors for different parties. The colors available
for partisan primary ballot booklet pages are purple, orange,
and buff. The chairs of the major political parties shall
choose from among those colors in a random drawing conducted by
the secretary of state. A color chosen by a party is
permanently assigned to that party.
A partisan primary ballot booklet must be designed to
include a form of party indicator by which the voter may choose
the party in whose primary the voter intends to vote.
All pages of a party's primary ballot must be consecutive,
without the insertion of pages from another party. Partisan
primary ballot booklets must contain a prominent notice of the
effect of attempting to vote in more than one party's primary.
A separate ballot booklet may also be used for each party in a
partisan primary.
Ballots for all questions must be provided in the same
manner. Where ballot booklets are placed in a marking device,
they shall be arranged on or in the marking device in the places
provided. Ballot cards may contain special printed marks and
holes as required for proper positioning and reading of the
ballots by electronic vote counting equipment. Ballot cards
must contain an identification of the precinct for which they
have been prepared which can be read visually and which can be
tabulated by the automatic tabulating equipment.
Sec. 66. Minnesota Statutes 1996, section 206.84,
subdivision 6, is amended to read:
Subd. 6. [DUTIES OF OFFICIAL IN CHARGE.] The official in
charge of elections in each municipality where an electronic
voting system is used shall have the marking devices voting
systems put in order, set, adjusted, and made ready for voting
when delivered to the election precincts. The official shall
also provide each precinct with a container for transporting
ballot cards to the counting location after the polls close.
The container shall be of sturdy material to protect the ballots
from all reasonably foreseeable hazards including auto
collisions. The election judges shall meet at the polling place
at least one hour before the time for opening the polls. Before
the polls open the election judges shall compare the
ballot booklets cards used with the sample ballots furnished to
see that the names, numbers, and letters on both agree and shall
certify to that fact on forms provided for the purpose. The
certification must be filed with the election returns.
Sec. 67. Minnesota Statutes 1996, section 206.84,
subdivision 7, is amended to read:
Subd. 7. [SPOILED BALLOT CARDS.] A voter who spoils a
ballot card or makes an error may return it to the election
judges and obtain another. Except as otherwise provided in
sections 206.55 to 206.87 206.90, the election judges shall
conduct the election in the manner prescribed for precincts
using paper ballots in chapters 204C and 204D.
Sec. 68. Minnesota Statutes 1996, section 206.86,
subdivision 1, is amended to read:
Subdivision 1. [AT THE VOTING LOCATION.] In precincts
where an electronic voting system is used, as soon as the polls
are closed the election judges shall secure the marking devices
voting systems against further voting. They shall then open the
ballot box and count the number of ballot cards or envelopes
containing ballot cards that have been cast to determine that
the number of ballot cards does not exceed the number of voters
shown on the election register or registration file. If there
is an excess, the judges shall process the ballot cards in the
same manner as paper ballots are processed in section 204C.20,
subdivision 2. The total number of voters must be entered on the
forms provided. The judges shall next count the write-in votes
and enter the number of those votes on forms provided for the
purpose. If ballot cards are used, all ballot envelopes on
which write-in votes have been recorded must be serially
numbered, starting with the number one, and the same number must
be placed on the ballot card of the voter. The judges shall
compare the write-in votes with the votes cast on the ballot
card. If the total number of votes for any office exceeds the
number allowed by law, a notation to that effect must be entered
on the back of the ballot card and the card must be returned to
the counting center in an envelope marked "defective ballots";
however, valid votes on ballot cards containing invalid votes
must be counted as provided in subdivision 5. If paper ballots
are used, the judges, before counting the write-in votes, shall
compare the write-in votes with the votes cast elsewhere on the
ballot card. If the total number of votes for an office
involving a write-in vote exceeds the number allowed by law, a
notation to that effect must be entered on the back of the
ballot. Valid votes on the rest of such a ballot must be
tallied by the judges at the precinct, on a form provided for
the purpose. The ballot must then be placed in an envelope
marked "defective ballots" and returned to the counting center.
The total number of defective ballots must be added to the
totals for the respective precincts and the defective ballots
disposed of as provided by section 204C.25.
Sec. 69. Minnesota Statutes 1996, section 206.86,
subdivision 2, is amended to read:
Subd. 2. [TRANSPORTATION OF BALLOT CARDS.] The judges
shall place all voted ballot cards, envelopes with write-in
ballots, defective ballots, and damaged ballots in the container
provided for transporting them to the counting center. The
container must be sealed and delivered immediately to the
counting center by two judges who are not of the same major
political party. The judges shall also deliver to the counting
center in a suitable container the unused ballot cards, the
spoiled ballot envelope, and the ballot envelopes issued to the
voters and deposited during the day in the ballot box.
Sec. 70. Minnesota Statutes 1996, section 206.90,
subdivision 4, is amended to read:
Subd. 4. [ABSENTEE VOTING.] An optical scan voting system
may be used for absentee voting as long as. The county auditor
may supply an appropriate marking instrument is supplied to the
voter along with the ballot.
Sec. 71. Minnesota Statutes 1996, 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 colored material
except that marks not to be read by the automatic tabulating
equipment may be printed in another color ink.
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.
On optical scan ballots, the names of candidates and the
words "yes" and "no" for ballot questions must be printed as
close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must
contain the words "write-in, if any."
Sec. 72. Minnesota Statutes 1996, section 207A.03,
subdivision 2, is amended to read:
Subd. 2. [VOTER CERTIFICATION; BALLOT.] An individual
seeking to vote at the presidential primary shall request the
ballot of the party for whose candidates the individual wishes
to vote. The voter registration certificate or duplicate
registration file polling place roster for the presidential
primary must list the names of the political parties appearing
on the ballot at the presidential primary. Before receiving a
ballot, a voter shall sign the voter's certificate or duplicate
registration file polling place roster and shall place a check
mark beside indicate the name of the political party whose
ballot the voter requested.
Sec. 73. Minnesota Statutes 1996, 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. A copy
of the digest and, if appropriate, a financial reporting form
and a certification of filing form must be distributed to each
candidate by the filing officer at the time that the candidate's
affidavit of candidacy is filed.
Sec. 74. Minnesota Statutes 1996, section 367.03,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISORS, TERMS.] Except in towns
operating under option A or in towns operating as provided in
subdivision 4, three supervisors shall be elected in each town
at the town general election as provided in this section. Each
supervisor shall be elected for a term of three years and shall
serve until a successor is elected and qualified.
Sec. 75. Minnesota Statutes 1996, section 367.25,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT, FEE.] Every person elected at
a March election or appointed to a town office, within ten days
after receiving a certificate or notice of election or
appointment, shall take and subscribe the oath required by law.
Persons elected at a November election shall take their oath
before assuming office. If taken before the town clerk, the
oath shall be administered and certified without fee.
Sec. 76. Minnesota Statutes 1996, section 387.01, is
amended to read:
387.01 [QUALIFICATIONS; BOND; OATH.]
Every person who files as a candidate for county sheriff
must be licensed as a peace officer in this state. Every person
elected or appointed to the office of sheriff after August 1,
1973, and not holding a certificate of satisfactory completion
of the basic course in training issued by the executive director
of the Minnesota peace officers training board, shall, within
one year after assuming office obtain such certificate, except
that sheriffs in office on August 1, 1973, shall be considered
to be qualified and eligible to continue in office as sheriff
and to be reelected to that office. A sheriff who without good
cause does not obtain a certificate of satisfactory completion
as required by this section shall thereafter forfeit all
privileges and compensation, the office of sheriff shall be
deemed vacant, and the county board may fill said office at a
special election called for that purpose, but shall fill said
office no later than at the next general election must become
licensed as a peace officer before entering upon the duties of
the office. Before entering upon duties every sheriff shall
give bond to the state in a sum not less than $25,000 in
counties whose population exceeds 150,000, and not less than
$5,000 in all other counties, to be approved by the county
board, conditioned that the sheriff will well and faithfully in
all things perform and execute the duties of office, without
fraud, deceit, or oppression, which bond, with an oath of
office, shall be filed for record with the county recorder.
Sec. 77. Minnesota Statutes 1996, section 388.01, is
amended to read:
388.01 [ELECTION; QUALIFICATIONS; TERM.]
There shall be elected in each county a county attorney who
shall be learned in the licensed to practice law in this state,
and whose term of office shall be four years and until a
successor qualifies. Before entering upon duties the county
attorney shall take an oath. The oath must be filed for record
with the county recorder.
Sec. 78. Minnesota Statutes 1996, section 626.846,
subdivision 6, is amended to read:
Subd. 6. A person seeking election to the office of
sheriff must be licensed as a peace officer. A person seeking
election or appointment to the office of sheriff, or seeking
appointment to the position of chief law enforcement officer, as
defined by the rules of the board, after June 30, 1987, must be
licensed or eligible to be licensed as a peace officer. The
person shall submit proof of peace officer licensure or
eligibility as part of the application for office. A person
elected or appointed to the office of sheriff or the position of
chief law enforcement officer shall be licensed as a peace
officer during the person's term of office or employment.
Sec. 79. [REPEALER.]
Minnesota Statutes 1996, sections 204D.15, subdivision 2;
206.065; 206.56, subdivisions 4, 6, 10, 11, 12, 13, and 15;
206.60; 206.61, subdivisions 2, 6, 7, and 8; 206.63; 206.64,
subdivision 2; 206.68; 206.685; 206.69; 206.70; 206.71; 206.72;
206.73; 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 2,
4, and 5; and 211B.11, subdivision 2, are repealed.
Presented to the governor May 12, 1997
Signed by the governor May 13, 1997, 10:25 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes