1.1 	A bill for an act
1.2 	relating to elections; changing recount procedures; requiring certain verification 
1.3 	programs;amending Minnesota Statutes 2008, sections 204C.35; 204C.36, 
1.4 	subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 
1.5 	201; 204C.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	ARTICLE 1
1.8 	RECOUNT PROCEDURES

1.9 	Section 1. [204C.345] DEFINITION; RECOUNT.
1.10 	As used in sections 204C.35 and 204C.36, "recount" means a recount using 
1.11 	electronic voting systems of all ballots that were counted during the original count of 
1.12 	votes cast at an election, except that ballots cast at precincts where electronic voting 
1.13 	systems were not in use during the election must be recounted using the method of ballot 
1.14 	counting used during the original count.

1.15 	Sec. 2. Minnesota Statutes 2008, section 204C.35, is amended to read:
1.16 	204C.35 FEDERAL, STATE, AND JUDICIAL RACES.
1.17 		Subdivision 1. Automatic recounts. (a) In a state primary when the difference 
1.18 	between the votes cast for the candidates for nomination to a statewide federal office, 
1.19 	state constitutional office, statewide judicial office, congressional office, state legislative 
1.20 	office, or district judicial office: 
1.21 	(1) is less than one-half of one percent of the total number of votes counted for 
1.22 	that nomination; or 
2.1 	(2) is ten votes or less and the total number of votes cast for the nomination is 400 
2.2 	votes or less; 
2.3 	and the difference determines the nomination, the canvassing board with responsibility for 
2.4 	declaring the results for that office shall manually recount the vote. 
2.5 	(b) In a state general election when the difference between the votes of a candidate 
2.6 	who would otherwise be declared elected to a statewide federal office, state constitutional 
2.7 	office, statewide judicial office, congressional office, state legislative office, or district 
2.8 	judicial office and the votes of any other candidate for that office: 
2.9 	(1) is less than one-half of one percent of the total number of votes counted for 
2.10 	that office; or 
2.11 	(2) is ten votes or less if the total number of votes cast for the office is 400 votes or 
2.12 	less, 
2.13 	the canvassing board shall manually recount the votes. 
2.14 	(c) A recount must not delay any other part of the canvass. The results of the recount 
2.15 	must be certified by the canvassing board as soon as possible. 
2.16 	(d) Time for notice of a contest for an office which is recounted pursuant to this 
2.17 	section shall begin to run upon certification of the results of the recount by the canvassing 
2.18 	board. 
2.19 	(e) A losing candidate may waive a recount required pursuant to this section by 
2.20 	filing a written notice of waiver with the canvassing board. 
2.21 		Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was 
2.22 	on the ballot for nomination or election to a statewide federal office, state constitutional 
2.23 	office, statewide judicial office, congressional office, state legislative office, or district 
2.24 	judicial office may request a recount in a manner provided in this section at the candidate's 
2.25 	own expense when the vote difference is greater than the difference required by this 
2.26 	section. The votes shall be manually recounted as provided in this section if the candidate 
2.27 	files a request during the time for filing notice of contest of the primary or election for 
2.28 	which a recount is sought. 
2.29 	(b) The requesting candidate shall file with the filing officer a bond, cash, or surety 
2.30 	in an amount set by the filing officer for the payment of the recount expenses. The 
2.31 	requesting candidate is responsible for the following expenses: the compensation of the 
2.32 	secretary of state, or designees, and any election judge, municipal clerk, county auditor, 
2.33 	administrator, or other personnel who participate in the recount; the costs of computer 
2.34 	operation, preparation of ballot counting equipment, necessary supplies and travel 
2.35 	related to the recount; the compensation of the appropriate canvassing board and costs of 
3.1 	preparing for the canvass of recount results; and any attorney fees incurred in connection 
3.2 	with the recount by the governing body responsible for the recount. 
3.3 	(c) The requesting candidate may provide the filing officer with a list of up to three 
3.4 	precincts that are to be recounted first and may waive the balance of the recount after these 
3.5 	precincts have been counted. If the candidate provides a list, the recount official must 
3.6 	determine the expenses for those precincts in the manner provided by paragraph (b). 
3.7 	(d) If the winner of the race is changed by the optional recount, the cost of the 
3.8 	recount must be paid by the jurisdiction conducting the recount. 
3.9 	(e) If a result of the vote counting in the manual recount is different from the result 
3.10 	of the vote counting reported on election day by a margin greater than the standard for 
3.11 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
3.12 	cost of the recount must be paid by the jurisdiction conducting the recount. 
3.13 		Subd. 3.Scope of recount. A recount conducted as provided in this section is 
3.14 	limited in scope to the determination of the number of votes validly cast and counted 
3.15 	on election day for the office to be recounted. Only the ballots cast and counted in the 
3.16 	election and the summary statements certified by the election judges may be considered in 
3.17 	the recount process.

3.18 	Sec. 3. Minnesota Statutes 2008, section 204C.36, subdivision 2, is amended to read:
3.19 		Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination 
3.20 	or election to a county, municipal, or school district office may request a recount in the 
3.21 	manner provided in this section at the candidate's own expense when the vote difference is 
3.22 	greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall 
3.23 	be manually recounted as provided in this section if the requesting candidate files with 
3.24 	the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an 
3.25 	amount set by the governing body of the jurisdiction or the school board of the school 
3.26 	district for the payment of the recount expenses. 
3.27 	(b) The requesting candidate may provide the filing officer with a list of up to three 
3.28 	precincts that are to be recounted first and may waive the balance of the recount after these 
3.29 	precincts have been counted.  If the candidate provides a list, the recount official must 
3.30 	determine the expenses for those precincts in the manner provided by paragraph (b). 
3.31 	(c) If the winner of the race is changed by the optional recount, the cost of the 
3.32 	recount must be paid by the jurisdiction conducting the recount. 
3.33 	(d) If a result of the vote counting in the manual recount is different from the result 
3.34 	of the vote counting reported on election day by a margin greater than the standard for 
4.1 	acceptable performance of voting systems provided in section 206.89, subdivision 4, the 
4.2 	cost of the recount must be paid by the jurisdiction conducting the recount. 

4.3 	ARTICLE 2
4.4 	VERIFICATION AND STANDARDS

4.5 	Section 1. [201.165] DATA VERIFICATION AND VALIDATION.
4.6 		Subdivision 1.Duties of secretary of state. In addition to other voter registration 
4.7 	verification duties in Minnesota Election Law, the secretary of state shall establish a 
4.8 	data verification and validation program designed to ensure the accuracy and integrity of 
4.9 	Minnesota's voter registration information.
4.10 		Subd. 2.Cross-checking with other agencies. The program designed under 
4.11 	subdivision 1 must include cross-checking voter registration information with the 
4.12 	following:
4.13 	(1) the Bureau of Criminal Apprehension concerning felons who are prohibited 
4.14 	from voting;
4.15 	(2) the Department of Public Safety to check on consistency of data and possible 
4.16 	noncitizenship;
4.17 	(3) the Social Security Administration to verify identities of registered voters and to 
4.18 	determine if any are deceased; and
4.19 	(4) the United States Postal Service to verify address information.
4.20 		Subd. 3.Internal cross-checking. The program designed under subdivision 1 must 
4.21 	provide for internal cross-checking for completeness and consistency, including checks for 
4.22 	duplicate voter registrations; inconsistent birth, registration, and other dates; and missing 
4.23 	data that would render a registration deficient.
4.24 		Subd. 4.Remedy. If a voter's registration fails to meet standards set by the secretary 
4.25 	of state as part of the program designed under subdivision 1, the registration must be 
4.26 	flagged to be challenged at the polls at the next election. Voters whose registrations have 
4.27 	been flagged must correct registration information before being allowed to vote.

4.28 	Sec. 2. [201.166] RECORD-KEEPING RULES.
4.29 	The secretary of state shall adopt rules specifying specific standards to be met by 
4.30 	counties in election-related record keeping. County auditors are responsible for ensuring 
4.31 	compliance with those rules.

4.32 	Sec. 3. [201.167] BIENNIAL AUDIT.
5.1 	The secretary of state shall contract for and provide to the governor and to the 
5.2 	chairs of the committees in the house of representatives and senate with jurisdiction over 
5.3 	election law and election administration a biennial independent audit of Minnesota's voter 
5.4 	registration files and election-related records maintained by county auditors.

5.5 	Sec. 4. [204C.235] VERIFICATION OF BALLOTS.
5.6 	The ballot of a person who registers on election day must be marked as "unverified" 
5.7 	by the election judges. The election official administering the election must verify that 
5.8 	the person's registration is valid by using the procedure in section 201.165. If the voter's 
5.9 	registration is determined to be valid, the vote must be counted. If the registration cannot 
5.10 	be verified, the vote must not be counted.