1.1                          A bill for an act 
  1.2             relating to elections; making certain technical 
  1.3             changes in the Minnesota Election Law; amending 
  1.4             Minnesota Statutes 2002, sections 200.02, subdivision 
  1.5             20; 201.071, subdivision 1, by adding a subdivision; 
  1.6             201.081; 201.091, subdivision 4; 201.096; 201.11; 
  1.7             201.121, by adding a subdivision; 201.14; 201.15, as 
  1.8             amended; 201.161; 201.211; 203B.04, subdivisions 1, 4, 
  1.9             5; 203B.06, subdivisions 4, 7; 203B.07; 203B.10; 
  1.10            203B.11, subdivision 1; 203B.12, subdivision 2; 
  1.11            203B.20; 203B.21, subdivision 3; 203B.22; 203B.24; 
  1.12            204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 
  1.13            204B.18; 204B.25, subdivision 3; 204B.27, subdivision 
  1.14            3; 204B.45, subdivision 2; 204C.06, subdivision 2; 
  1.15            204C.10; 204C.24, subdivision 1; 204C.30, by adding a 
  1.16            subdivision; 204D.06; 204D.23, subdivision 4; 206.64, 
  1.17            subdivision 1; proposing coding for new law in 
  1.18            Minnesota Statutes, chapters 201; 203B; 204B; 204C; 
  1.19            205; 205A; 206; repealing Minnesota Statutes 2002, 
  1.20            section 203B.02, subdivision 1a; Minnesota Rules, 
  1.21            parts 8200.1200; 8200.2600; 8200.2700; 8200.2900; 
  1.22            8200.3550; 8200.3600; 8200.3700; 8200.3800; 8200.3900; 
  1.23            8200.6200; 8200.9120; 8210.0200; 8210.0225; 8210.0500; 
  1.24            8210.0600; 8210.0700; 8210.0800; 8210.2300; 8210.2400. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 2002, section 200.02, 
  1.27  subdivision 20, is amended to read: 
  1.28     Subd. 20.  [STATEWIDE REGISTRATION SYSTEM.] "Statewide 
  1.29  registration system" means the single, interactive, computerized 
  1.30  central statewide voter registration system and database 
  1.31  developed and maintained by the secretary of state pursuant to 
  1.32  section 201.022.  
  1.33     Sec. 2.  Minnesota Statutes 2002, section 201.071, 
  1.34  subdivision 1, is amended to read: 
  1.35     Subdivision 1.  [FORM.] (a) A registration card application 
  2.1   must be of suitable size and weight for mailing and contain 
  2.2   spaces for the following required information:  whether the 
  2.3   voter is a United States citizen; whether the voter will be 18 
  2.4   years old on or before election day; the voter's first name, 
  2.5   middle name, and last name; the voter's previous name, if any; 
  2.6   the voter's current address; the voter's previous address, if 
  2.7   any; the voter's date of birth; the voter's municipality and 
  2.8   county of residence; the voter's telephone number, if provided 
  2.9   by the voter; the date of registration; the voter's current and 
  2.10  valid Minnesota driver's license number or Minnesota state 
  2.11  identification number or, if the voter has no current Minnesota 
  2.12  driver's license or state identification number, the last four 
  2.13  digits of the voter's Social Security number; the voter's e-mail 
  2.14  address, if provided by the voter; the voter's interest in 
  2.15  serving as an election judge, if indicated by the voter; and the 
  2.16  voter's signature.  The card application must also contain a the 
  2.17  following certification of voter eligibility.: 
  2.18     "I certify that I 
  2.19     (1) will be at least 18 years old on election day; 
  2.20     (2) am a citizen of the United States; 
  2.21     (3) will have resided in Minnesota for 20 days immediately 
  2.22  preceding election day; 
  2.23     (4) maintain residence at the address given on the 
  2.24  registration form; 
  2.25     (5) am not under a guardianship in which I have not 
  2.26  retained the right to vote; 
  2.27     (6) have not been found by a court to be legally 
  2.28  incompetent to vote; 
  2.29     (7) have not been convicted of a felony without having my 
  2.30  civil rights restored; and 
  2.31     (8) have read and understand this statement, that giving 
  2.32  false information is a felony punishable by not more than five 
  2.33  years' imprisonment or a fine of not more than $10,000, or both."
  2.34     (b) The form of the voter registration card and the 
  2.35  certification of voter eligibility application must be as 
  2.36  provided in the rules of the secretary of state.: 
  3.1      (1) be consistent in layout with the data entry screens 
  3.2   used by the statewide registration system; 
  3.3      (2) take into consideration readability and ease of 
  3.4   understanding; 
  3.5      (3) provide room for including a mailing address for 
  3.6   returning the completed registration; 
  3.7      (4) have printed on or with it a set of instructions for 
  3.8   completing the registration; and 
  3.9      (5) have printed on or with it a statement that assistance 
  3.10  for registration and voting is available for elderly and 
  3.11  disabled individuals and residents of health care facilities. 
  3.12     (c) The voter registration application must contain a box 
  3.13  marked "election day official use only" which contains "W ..," 
  3.14  "P ..," and "SD."  These abbreviations stand for "ward," 
  3.15  "precinct," and "school district."  Other information may also 
  3.16  be included.  Judges of election shall record the type of 
  3.17  election day voter registration proof and its number, if any, in 
  3.18  the "election day official use only" box. 
  3.19     (d) The voter registration application may include a mark 
  3.20  identifying where the voter obtained the application or how the 
  3.21  application was delivered to the county auditor or secretary of 
  3.22  state. 
  3.23     (e) Voter registration forms authorized by the National 
  3.24  Voter Registration Act may must also be accepted as valid.  The 
  3.25  Federal Post Card Application (FPCA) form for requesting 
  3.26  registration, an absentee ballot, or both must also be accepted 
  3.27  for voter registration purposes if it is not deficient and if 
  3.28  the voter is eligible to register in Minnesota. 
  3.29     (f) An individual may use a voter registration application 
  3.30  to apply to register to vote in Minnesota or to change 
  3.31  information on an existing registration. 
  3.32     (g) The secretary of state shall provide examples of the 
  3.33  voter registration application to all county auditors. 
  3.34     Sec. 3.  Minnesota Statutes 2002, section 201.071, is 
  3.35  amended by adding a subdivision to read: 
  3.36     Subd. 9.  [PROPERLY COMPLETED REGISTRATIONS.] If a county 
  4.1   auditor determines that a registration application has been 
  4.2   properly completed under this chapter, the auditor shall file 
  4.3   the application and enter the registration on the state 
  4.4   registration system.  The county auditor shall maintain the file 
  4.5   in an orderly manner.  The county auditor shall have a card 
  4.6   notice mailed to each newly registered voter and to each voter 
  4.7   who changed name or address information on the voter's existing 
  4.8   voting record indicating the voter's name, address, precinct, 
  4.9   and polling place.  The card must require that it be returned if 
  4.10  not deliverable as addressed. 
  4.11     Sec. 4.  Minnesota Statutes 2002, section 201.081, is 
  4.12  amended to read: 
  4.13     201.081 [REGISTRATION FILES.] 
  4.14     The statewide registration system is the official record of 
  4.15  registered voters.  The voter registration cards applications 
  4.16  and the terminal providing access to the statewide registration 
  4.17  system must be under the control of the secretary of state or 
  4.18  the county auditor or the public official to whom the secretary 
  4.19  of state or the county auditor has delegated the responsibility 
  4.20  for maintaining voter registration records.  The voter 
  4.21  registration cards applications and terminals providing access 
  4.22  to the statewide registration system must not be removed from 
  4.23  the control of the secretary of state or the county auditor 
  4.24  except as provided in this subdivision.  The secretary of state 
  4.25  or the county auditor may make photographic copies of voter 
  4.26  registration cards applications in the manner provided by 
  4.27  section 138.17.  
  4.28     A properly completed voter registration card application 
  4.29  that has been submitted to the secretary of state or a county 
  4.30  auditor must be maintained by the secretary of state or the 
  4.31  county auditor for at least 22 months after the date that the 
  4.32  information on the card application is entered into the database 
  4.33  of the statewide registration system.  The secretary of state or 
  4.34  the county auditor may dispose of the cards applications after 
  4.35  retention for 22 months in the manner provided by section 138.17.
  4.36     The registration records of a voter whose registration has 
  5.1   been made inactive must be maintained in and accessible from the 
  5.2   statewide registration system for 22 months. 
  5.3      Sec. 5.  Minnesota Statutes 2002, section 201.091, 
  5.4   subdivision 4, is amended to read: 
  5.5      Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
  5.6   shall make available for inspection a public information list in 
  5.7   electronic or other media which must contain the name, address, 
  5.8   year of birth, and voting history of each registered voter in 
  5.9   the county.  The telephone number must be included on the list 
  5.10  if provided by the voter.  The public information list may also 
  5.11  include information on voting districts.  The public information 
  5.12  list must not include the last four digits of any person's 
  5.13  Social Security number, driver's license number, or Minnesota 
  5.14  identification number.  The county auditor may adopt reasonable 
  5.15  rules governing access to the list.  A copy of the public 
  5.16  information list must be available for public inspection for 
  5.17  authorized purposes at all times in the county auditor's 
  5.18  office.  No individual inspecting the public information list 
  5.19  shall tamper with or alter it in any manner.  No individual who 
  5.20  inspects the public information list or who acquires a list of 
  5.21  registered voters prepared from the public information list may 
  5.22  use any information contained in the list for purposes unrelated 
  5.23  to elections, political activities, or law enforcement.  The 
  5.24  secretary of state may provide copies of the public information 
  5.25  lists and other information from the statewide registration 
  5.26  system for uses related to elections, political activities, or 
  5.27  in response to a law enforcement inquiry from a public official 
  5.28  concerning a failure to comply with any criminal statute or any 
  5.29  state or local tax statute.  The secretary of state may make 
  5.30  public information lists available for public purchase. 
  5.31     Before inspecting the public information list or obtaining 
  5.32  a list of voters or other information from the list, the 
  5.33  individual shall provide identification to the public official 
  5.34  having custody of the public information list and shall state in 
  5.35  writing that any information obtained from the list will not be 
  5.36  used for purposes unrelated to elections, political activities, 
  6.1   or law enforcement.  Requests to examine or obtain information 
  6.2   from the public information lists or the statewide registration 
  6.3   system must be made and processed in the manner provided in the 
  6.4   rules of the secretary of state. 
  6.5      Upon receipt of a written request and a copy of the court 
  6.6   order, the secretary of state may must withhold from the public 
  6.7   information list the name of any registered voter placed under 
  6.8   court-ordered protection. 
  6.9      Sec. 6.  Minnesota Statutes 2002, section 201.096, is 
  6.10  amended to read: 
  6.11     201.096 [SCHOOL ELECTIONS; USE OF VOTER REGISTRATION 
  6.12  SYSTEM.] 
  6.13     The county auditor shall allow independent or special 
  6.14  school districts to use the necessary portions of the statewide 
  6.15  registration system for school district elections.  
  6.16  The secretary of state or the county auditor may impose 
  6.17  reasonable requirements to preserve the security and integrity 
  6.18  of the system.  The secretary of state or the county auditor and 
  6.19  the school district shall provide by agreement for the details 
  6.20  of the use of the system by the school district.  The school 
  6.21  board may designate a member of the board or an employee as 
  6.22  registration officer.  The provisions of this chapter and 
  6.23  chapter 203B relating to registration of voters apply to all 
  6.24  school district elections in which the statewide registration 
  6.25  system is used.  
  6.26     Sec. 7.  Minnesota Statutes 2002, section 201.11, is 
  6.27  amended to read: 
  6.28     201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.] 
  6.29     When the boundaries of a precinct are changed, the county 
  6.30  auditor shall immediately notify the secretary of state.  The 
  6.31  secretary of state, or the county auditor if delegated by the 
  6.32  secretary of state, shall update the voter records for that 
  6.33  precinct in the statewide registration system to accurately 
  6.34  reflect those changes. 
  6.35     Sec. 8.  Minnesota Statutes 2002, section 201.121, is 
  6.36  amended by adding a subdivision to read: 
  7.1      Subd. 4.  [AUDITOR'S RANDOM NOTIFICATION.] Following each 
  7.2   election in which voters register on election day, the county 
  7.3   auditor shall send a mailed notice of registration to a random 
  7.4   sample of five percent of the election day registrants within 
  7.5   ten days of the election.  This section does not relieve the 
  7.6   county auditor of the responsibility to send a mailed notice to 
  7.7   all registrants. 
  7.8      Sec. 9.  Minnesota Statutes 2002, section 201.14, is 
  7.9   amended to read: 
  7.10     201.14 [STATE COURT ADMINISTRATOR OF DISTRICT COURT, REPORT 
  7.11  CHANGES OF NAMES.] 
  7.12     The state court administrator of district court in each 
  7.13  county shall report monthly to the county auditor secretary of 
  7.14  state the name and address of each individual, 18 years of age 
  7.15  or over, who maintains residence in that county and whose name 
  7.16  was changed during the month preceding the date of the report, 
  7.17  by marriage, divorce or any order or decree of the court.  The 
  7.18  report may be made by electronic means.  The secretary of state 
  7.19  may designate the county auditor to modify the statewide voter 
  7.20  registration system in response to this report.  If the report 
  7.21  is made by electronic means, the secretary of state shall 
  7.22  determine if any of the persons in the report are registered to 
  7.23  vote and shall prepare a list of those registrants for each 
  7.24  county auditor.  Upon receipt of the report list, the county 
  7.25  auditor shall notify by mail each registered voter whose name 
  7.26  was changed that it will be necessary to reregister change the 
  7.27  registration under the changed name in order to vote. 
  7.28     Sec. 10.  Minnesota Statutes 2002, section 201.15, as 
  7.29  amended by Laws 2003, chapter 12, article 2, section 3, is 
  7.30  amended to read: 
  7.31     201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
  7.32  COMMITMENTS.] 
  7.33     Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
  7.34  to the Help America Vote Act of 2002, Public Law 107-252, the 
  7.35  state court administrator shall report monthly to the secretary 
  7.36  of state the name, address, and date of birth of each individual 
  8.1   18 years of age or over, who during the month preceding the date 
  8.2   of the report:  
  8.3      (a) was placed under a guardianship of the person in which 
  8.4   the court order provides that the ward does not retain the right 
  8.5   to vote; or 
  8.6      (b) was adjudged legally incompetent. 
  8.7      The court administrator shall also report the same 
  8.8   information for each individual transferred to the jurisdiction 
  8.9   of the court who meets a condition specified in clause (a) or 
  8.10  (b).  The secretary of state shall determine if any of the 
  8.11  persons in the report is registered to vote and shall prepare a 
  8.12  list of those registrants for the county auditor.  The secretary 
  8.13  of state or the county auditor shall change the status on the 
  8.14  record in the statewide registration system of any individual 
  8.15  named in the report to indicate that the individual is not 
  8.16  eligible to reregister register or vote, unless the voter is 
  8.17  restored to capacity. 
  8.18     Subd. 2.  [RESTORATION TO CAPACITY.] Pursuant to the Help 
  8.19  America Vote Act of 2002, Public Law 107-252, the state court 
  8.20  administrator shall report monthly to the secretary of state the 
  8.21  name, address, and date of birth of each individual transferred 
  8.22  from guardianship to conservatorship or who is restored to 
  8.23  capacity by the court after being ineligible to vote for any of 
  8.24  the reasons specified in subdivision 1.  The secretary of state 
  8.25  shall determine if any of the persons in the report is 
  8.26  registered to vote and shall prepare a list of those registrants 
  8.27  for the county auditor.  The secretary of state or the county 
  8.28  auditor shall change the status on the voter's record in the 
  8.29  statewide registration system to "active."  
  8.30     Sec. 11.  Minnesota Statutes 2002, section 201.161, is 
  8.31  amended to read: 
  8.32     201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
  8.33  APPLICATIONS.] 
  8.34     The Department of Public Safety shall change its 
  8.35  applications for an original, duplicate, or change of address 
  8.36  driver's license or identification card so that the forms may 
  9.1   also serve as voter registration cards applications.  The forms 
  9.2   must contain spaces for the information required in section 
  9.3   201.071, subdivision 1, and applicable rules of the secretary of 
  9.4   state.  Applicants for driver's licenses or identification cards 
  9.5   must be asked if they want to register to vote at the same 
  9.6   time.  A copy of each application containing a completed voter 
  9.7   registration must be sent to the county auditor of the county in 
  9.8   which the voter maintains residence or to the secretary of state 
  9.9   as soon as possible.  The computerized driver's license record 
  9.10  information relating to name, address, date of birth, driver's 
  9.11  license number, county, town, and city must be made available 
  9.12  for access by the secretary of state and interaction with the 
  9.13  statewide voter registration system.  
  9.14     Sec. 12.  Minnesota Statutes 2002, section 201.211, is 
  9.15  amended to read: 
  9.16     201.211 [COSTS.] 
  9.17     The office required to perform the functions and duties of 
  9.18  this chapter shall bear the costs incurred.  If these functions 
  9.19  and duties are delegated to another office, that office shall 
  9.20  bear the costs.  The secretary of state shall pay the costs of 
  9.21  operating and maintaining the statewide registration system.  
  9.22  The secretary of state shall also pay the costs of preparing 
  9.23  polling place rosters and master lists printed by the secretary 
  9.24  of state from the money appropriated for this purpose. 
  9.25     Sec. 13.  [201.1215] [VERIFICATION; DISCREPANCIES.] 
  9.26     All applications for new voter registrations in the state 
  9.27  shall be verified pursuant to section 201.1615.  A registration 
  9.28  record shall also be verified when a registered voter changes or 
  9.29  adds a Minnesota driver's license number, Minnesota state 
  9.30  identification number, or the last four digits of the Social 
  9.31  Security number on the voter's registration record, or when the 
  9.32  voter changes name, address, or date of birth information. 
  9.33     If, after matching the information in the statewide voter 
  9.34  registration system with the information contained in the 
  9.35  Department of Public Safety database, the accuracy of the 
  9.36  information on the voter registration application cannot be 
 10.1   verified, the county shall investigate and attempt to resolve 
 10.2   the discrepancy.  If the discrepancy cannot be resolved, the 
 10.3   county auditor must challenge the voter in the statewide voter 
 10.4   registration system and may refer the matter to the county 
 10.5   attorney.  
 10.6      If during the verification process the Department of Public 
 10.7   Safety provides information that indicates that the voter is not 
 10.8   a citizen of the United States, the county auditor shall 
 10.9   challenge the voter in the statewide voter registration system 
 10.10  and refer the matter to the county attorney. 
 10.11     Sec. 14.  Minnesota Statutes 2002, section 201.071, is 
 10.12  amended by adding a subdivision to read: 
 10.13     Subd. 3a.  [NOTIFICATION OF DEFICIENT REGISTRATION.] If a 
 10.14  person attempts to register prior to election day and the county 
 10.15  auditor determines that the registration is deficient, the 
 10.16  auditor shall notify the person attempting to register that the 
 10.17  registration was not correctly completed.  The auditor shall 
 10.18  attempt to obtain the needed information by mail, electronic 
 10.19  mail, or telephone.  Except for registrations that are deficient 
 10.20  under section 201.071, subdivision 4a, if the auditor cannot 
 10.21  obtain the needed information, the registration is deficient and 
 10.22  the registration application must not be filed and must be 
 10.23  maintained separately for 22 months.  The applicant shall be 
 10.24  allowed to vote only after correctly completing a registration 
 10.25  application.  If an application is deficient under section 
 10.26  201.071, subdivision 4a, the application must be filed with the 
 10.27  list of registered voters with a notation on the record that the 
 10.28  voter must complete the registration as required by section 
 10.29  201.061 in order to vote. 
 10.30     If the auditor notifies a person of an incorrectly 
 10.31  completed registration, the auditor shall also notify the 
 10.32  applicant of the dates on which registrations cannot be accepted 
 10.33  for an election and of the procedures for election day 
 10.34  registration.  In the notice to the applicant, the auditor shall 
 10.35  explain that a correctly completed registration received by the 
 10.36  auditor during the period when registrations cannot be accepted 
 11.1   for the upcoming election will make the applicant registered to 
 11.2   vote on the day after the upcoming election.  
 11.3      If an auditor receives a faulty or deficient registration 
 11.4   during the period when registrations cannot be accepted for an 
 11.5   election, the auditor shall notify the applicant that the 
 11.6   applicant must register at the polling place of the precinct in 
 11.7   which the applicant resides on election day to vote at the 
 11.8   election.  In the notice to the applicant, the auditor shall 
 11.9   explain that a correctly completed registration received by the 
 11.10  auditor during the period when registrations cannot be accepted 
 11.11  for the upcoming election will make the applicant registered to 
 11.12  vote on the day after the upcoming election. 
 11.13     Sec. 15.  [201.157] [NOTICE OF CHALLENGE REMOVAL.] 
 11.14     The county auditor shall mail a notice indicating the 
 11.15  individual's name, address, precinct, and polling place to any 
 11.16  registered voter whose civil rights have been restored after a 
 11.17  felony conviction; who has been removed from under a 
 11.18  guardianship under which the person did not retain the right to 
 11.19  vote; or who has been restored to capacity by the court after 
 11.20  being ineligible to vote.  The notice must require that it be 
 11.21  returned if not deliverable. 
 11.22     Sec. 16.  [201.075] [CHANGE OF RESIDENCE.] 
 11.23     An individual who has previously registered to vote in 
 11.24  Minnesota who changes residence must be permitted to vote only 
 11.25  after updating the registration by completing a registration 
 11.26  application using the individual's new residence. 
 11.27     Sec. 17.  [201.076] [PROCESSING OF NATIONAL VOTER 
 11.28  REGISTRATION ACT APPLICATIONS.] 
 11.29     All county auditors shall accept voter registration 
 11.30  applications on forms prescribed by the Federal Election 
 11.31  Commission as provided by the National Voter Registration Act if 
 11.32  the application is from a person eligible to vote in Minnesota, 
 11.33  and includes whether the voter is a United States citizen and 
 11.34  will be 18 years old on or before election day, the registrant's 
 11.35  name, address in Minnesota, previous address, if any, date of 
 11.36  birth, current and valid Minnesota driver's license or Minnesota 
 12.1   state identification card, or if the voter has no current and 
 12.2   valid Minnesota driver's license or Minnesota state 
 12.3   identification card, the last four digits of the voter's Social 
 12.4   Security number, registrant's signature, and the date of 
 12.5   registration.  The application must be processed and stored by 
 12.6   the county auditor in the same manner as a Minnesota voter 
 12.7   registration application. 
 12.8      Sec. 18.  Minnesota Statutes 2002, section 203B.02, is 
 12.9   amended by adding a subdivision to read: 
 12.10     Subd. 4.  [PRESIDENTIAL BALLOT.] A person who is qualified 
 12.11  under United States Code, title 42, section 1973aa-1, to vote 
 12.12  for the offices of president and vice-president or for electors 
 12.13  for president and vice-president may vote by absentee ballot or 
 12.14  in person at the auditor's office in the county where the person 
 12.15  formerly resided. 
 12.16     The following persons are qualified:  a voter who will be 
 12.17  at least 18 years old on election day, is a citizen of the 
 12.18  United States, and is not under court-ordered guardianship of 
 12.19  the person without retaining the right to vote, has not been 
 12.20  found by a court to be legally incompetent to vote, has not been 
 12.21  convicted of a felony without having civil rights restored, or 
 12.22  has previously lived in Minnesota and has moved from Minnesota 
 12.23  to another state within 30 days of a presidential election and 
 12.24  is not eligible to vote in the state in which the voter now 
 12.25  resides, may apply for an absentee ballot that contains only the 
 12.26  offices of president and vice-president in accordance with the 
 12.27  requirements of United States Code, title 42, section 1973aa-1. 
 12.28     Sec. 19.  Minnesota Statutes 2002, section 203B.04, 
 12.29  subdivision 1, is amended to read: 
 12.30     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
 12.31  otherwise allowed by subdivision 2, an application for absentee 
 12.32  ballots for any election may be submitted at any time not less 
 12.33  than one day before the day of that election.  The county 
 12.34  auditor shall prepare absentee ballot application forms in the 
 12.35  format provided in the rules of by the secretary of state and 
 12.36  shall furnish them to any person on request.  By January 1 of 
 13.1   each even-numbered year, the secretary of state shall make 
 13.2   example forms available to auditors through electronic means.  
 13.3   An application submitted pursuant to this subdivision shall be 
 13.4   in writing and shall be submitted to:  
 13.5      (a) the county auditor of the county where the applicant 
 13.6   maintains residence; or 
 13.7      (b) the municipal clerk of the municipality, or school 
 13.8   district if applicable, where the applicant maintains residence. 
 13.9      An application shall be approved if it is timely received, 
 13.10  signed and dated by the applicant, contains the applicant's name 
 13.11  and residence and mailing addresses, and states that the 
 13.12  applicant is eligible to vote by absentee ballot for one of the 
 13.13  reasons specified in section 203B.02.  The application may 
 13.14  contain a request for the voter's date of birth, which must not 
 13.15  be made available for public inspection.  An application may be 
 13.16  submitted to the county auditor or municipal clerk by an 
 13.17  electronic facsimile device or other electronically transmitted 
 13.18  image.  An application mailed or returned in person to the 
 13.19  county auditor or municipal clerk on behalf of a voter by a 
 13.20  person other than the voter must be deposited in the mail or 
 13.21  returned in person to the county auditor or municipal clerk 
 13.22  within ten days after it has been dated by the voter and no 
 13.23  later than six days before the election.  The absentee ballot 
 13.24  applications or a list of persons applying for an absentee 
 13.25  ballot may not be made available for public inspection until the 
 13.26  close of voting on election day.  
 13.27     An application under this subdivision may contain an 
 13.28  application under subdivision 5 to automatically receive an 
 13.29  absentee ballot application. 
 13.30     If an application cannot be approved because it is missing 
 13.31  information, the auditor or clerk must attempt to obtain the 
 13.32  information by mail, electronic mail, or telephone.  If the 
 13.33  missing information cannot be obtained, or if for any other 
 13.34  reason the application cannot be approved, the auditor or clerk 
 13.35  must notify the voter in writing of the reason for the rejection 
 13.36  and must send a new application, time permitting. 
 14.1      Sec. 20.  Minnesota Statutes 2002, section 203B.04, 
 14.2   subdivision 4, is amended to read: 
 14.3      Subd. 4.  [ALTERNATE FORM OF REGISTRATION AT TIME OF 
 14.4   APPLICATION.] An eligible voter who is not registered to vote 
 14.5   but who is otherwise eligible to vote by absentee ballot may 
 14.6   register by including a completed voter registration 
 14.7   card application with the absentee ballot.  The individual shall 
 14.8   present proof of residence as required by section 201.061, 
 14.9   subdivision 3, to the individual who witnesses the marking of 
 14.10  the absentee ballots.  
 14.11     Sec. 21.  Minnesota Statutes 2002, section 203B.04, 
 14.12  subdivision 5, is amended to read: 
 14.13     Subd. 5.  [PERMANENT ILLNESS OR DISABILITY.] (a) An 
 14.14  eligible voter who reasonably expects to be permanently unable 
 14.15  to go to the polling place on election day because of illness or 
 14.16  disability may apply to a county auditor or municipal clerk 
 14.17  under this section to automatically receive an absentee ballot 
 14.18  application before each election, other than an election by mail 
 14.19  conducted under section 204B.45, and to have the status as a 
 14.20  permanent absentee voter indicated on the voter's registration 
 14.21  record.  Voters covered by this subdivision are exempt from 
 14.22  mail-in requirements in section 201.016, subdivision 1a, 
 14.23  paragraph (b).  
 14.24     (b) The secretary of state shall adopt rules governing 
 14.25  procedures under this subdivision. 
 14.26     Sec. 22.  Minnesota Statutes 2002, section 203B.04, is 
 14.27  amended by adding a subdivision to read: 
 14.28     Subd. 6.  [PERMANENT APPLICATION.] An eligible voter who 
 14.29  meets the requirements in section 203B.04, subdivision 5, may 
 14.30  apply to the county auditor or municipal clerk to automatically 
 14.31  receive an absentee ballot application for each election in 
 14.32  which the voter is eligible to vote.  The county auditor shall 
 14.33  make available the form provided in subdivision 9 for this 
 14.34  purpose.  The voter shall complete the form and return it to the 
 14.35  county auditor or municipal clerk.  A municipal clerk who 
 14.36  receives a completed application shall immediately forward it to 
 15.1   the county auditor.  The voter's permanent application status 
 15.2   must be indicated and permanently maintained on the voter's 
 15.3   registration record on the statewide voter registration system. 
 15.4      The county auditor shall maintain a list of voters who have 
 15.5   applied to automatically receive an absentee ballot 
 15.6   application.  At least 45 days before each election, the county 
 15.7   auditor or municipal clerk shall send an absentee ballot 
 15.8   application to each person on the list who is eligible to vote 
 15.9   in the election. 
 15.10     Sec. 23.  [203B.041] [APPLICATION FORM; INSTRUCTIONS.] 
 15.11     Subdivision 1.  [ALTERNATIVE REQUIREMENTS.] (a) Absentee 
 15.12  ballot applications prepared under sections 203B.06, subdivision 
 15.13  1, and 203B.17, subdivision 2, must be in the form prescribed by 
 15.14  the secretary of state.  The secretary of state shall make the 
 15.15  forms available by January 1 of even-numbered years by 
 15.16  electronic means. 
 15.17     (b) An absentee ballot application prepared under section 
 15.18  203B.06, subdivision 1, must include spaces for the following 
 15.19  information:  the elections for which the absentee ballot is 
 15.20  requested; the reason under section 203B.02, subdivision 1, for 
 15.21  requesting the ballot; the voter's name, date of birth, 
 15.22  Minnesota driver's license number or Minnesota state 
 15.23  identification number, resident address in the county, telephone 
 15.24  number, electronic mail address, and address to which the 
 15.25  ballots are to be mailed; the date of the request; the voter's 
 15.26  signature; and instructions to the voter on completing the form 
 15.27  and returning the application as soon as possible. 
 15.28     (c) An absentee ballot application prepared under section 
 15.29  203B.17, subdivision 2, must include spaces for the following 
 15.30  information:  the voter's name, date of birth, and address of 
 15.31  present or former residence in Minnesota; a statement and boxes 
 15.32  a voter must check to indicate that the voter is a member of the 
 15.33  armed forces, a spouse or dependent of a member of the armed 
 15.34  forces, temporarily outside the United States, or permanently 
 15.35  living outside the United States; a statement that the voter 
 15.36  expects to be absent from the voter's precinct at the time of 
 16.1   the election; the address to which the absentee ballot is to be 
 16.2   mailed; the voter's signature or the signature and relationship 
 16.3   of the individual authorized to apply on the voter's behalf; the 
 16.4   voter's telephone number, electronic mail address, and military 
 16.5   number or passport number; and a signature line and title for 
 16.6   the authorized witness under section 203B.17, subdivision 2, 
 16.7   paragraph (f).  The form must include instructions to the voter 
 16.8   on completing the form and on who may complete the form on the 
 16.9   voter's behalf.  The form must include instructions that the 
 16.10  application may be dropped off, mailed, sent by facsimile, or 
 16.11  submitted by electronic image.  The form must include 
 16.12  instructions to return the application as soon as possible. 
 16.13     (d) An absentee ballot application prepared under section 
 16.14  203B.02, subdivision 4, must include a statement of eligibility 
 16.15  in which the voter affirms that the voter will be at least 18 
 16.16  years old on election day, is a citizen of the United States, 
 16.17  and is not under court-ordered guardianship of the person 
 16.18  without retaining the right to vote, has not been found by a 
 16.19  court to be legally incompetent to vote, and has not been 
 16.20  convicted of a felony without having civil rights restored, or 
 16.21  has previously lived in Minnesota and has moved from Minnesota 
 16.22  to another state within 30 days of a presidential election and 
 16.23  is not eligible to vote in the state in which the voter now 
 16.24  resides.  The form must include spaces for the voter's name, 
 16.25  date of birth, former address in Minnesota, including city or 
 16.26  town and county, electronic mail address, telephone number, the 
 16.27  address to which the ballot should be mailed, the applicant's 
 16.28  signature, and a statement that the information provided on the 
 16.29  application is true and correct. 
 16.30     Subd. 2.  [ABSENTEE BALLOT INSTRUCTIONS.] The following 
 16.31  instructions must be sent with an absentee ballot application 
 16.32  prepared pursuant to section 203B.06, subdivision 1: 
 16.33                          "INSTRUCTIONS 
 16.34     1.  To vote by absentee ballot 
 16.35     * you must be an eligible voter, and 
 16.36     * you must reside at the legal residence address you give 
 17.1   on this application on election day. 
 17.2   It is a felony to make a false statement in an application for 
 17.3   an absentee ballot, to apply for an absentee ballot more than 
 17.4   once in an election with the intent to cast an illegal ballot, 
 17.5   to show a ballot marked by a person to another person, or to 
 17.6   violate an absentee ballot provision for the purpose of casting 
 17.7   an illegal vote or to help anyone to cast an illegal vote. 
 17.8      2.  Check the appropriate box indicating why you cannot go 
 17.9   to your polling place on election day; these are the only 
 17.10  reasons that entitle you to vote by absentee ballot. 
 17.11     3.  Give your correct legal residence address as completely 
 17.12  as possible, since this is used to verify your precinct number. 
 17.13     4.  Sign the application. 
 17.14     5.  Return the completed application as soon as possible to 
 17.15  the election official from whom you received it. 
 17.16     Remember: 
 17.17     - You must indicate whether you are requesting ballots for 
 17.18  the primary or general election, or both. 
 17.19     - Do not submit more than one application for each election.
 17.20     - Your absentee ballots will be mailed or delivered to you 
 17.21  as soon as they are available. 
 17.22     - Ballots received by election officials after election day 
 17.23  will not be counted." 
 17.24     Subd. 3.  [POSTCARD APPLICATION.] The absentee ballot 
 17.25  application may be printed as a postcard application or in any 
 17.26  other manner considered appropriate by the secretary of state.  
 17.27  If the application is printed as a postcard application, it must 
 17.28  conform to United States Postal Service requirements. 
 17.29     Subd. 4.  [PERMANENT APPLICATION FORM.] The permanent 
 17.30  application form must be in the form prescribed by the secretary 
 17.31  of state.  The secretary of state shall make the forms available 
 17.32  by January 1 of even-numbered years by electronic means.  The 
 17.33  form must include space for the following information:  the 
 17.34  voter's name, residence address, address to which the ballot 
 17.35  should be mailed, telephone number, electronic mail address, 
 17.36  date of birth, and Minnesota driver's license number or 
 18.1   Minnesota state identification number; and a certification of 
 18.2   the voter that the voter reasonably expects to be permanently 
 18.3   unable to vote in person at the polling place for the voter's 
 18.4   precinct due to illness or disability.  The form must also 
 18.5   include a statement that the voter requests an application for 
 18.6   absentee ballots to be sent to the voter before each election in 
 18.7   which the voter is eligible to vote. 
 18.8      Subd. 5.  [AGENT DELIVERY APPLICATION.] An application for 
 18.9   agent delivery may be combined in one document with an absentee 
 18.10  ballot application. 
 18.11     Sec. 24.  [203B.042] [APPLICATIONS FROM CHALLENGED VOTERS.] 
 18.12     (a) A voter registration application must be sent with the 
 18.13  ballot to any challenged voter who applies for an absentee 
 18.14  ballot.  The absentee ballot process must be administered as if 
 18.15  the voter was not registered to vote. 
 18.16     (b) The following notice must accompany nonregistered 
 18.17  absentee ballot materials: 
 18.18     "IMPORTANT NOTICE TO CHALLENGED VOTERS BEFORE VOTING: 
 18.19     Pursuant to Minnesota Statutes, chapter 201, the county 
 18.20  auditor is required to "challenge" your voter registration, 
 18.21  either because of a notification from the post office that you 
 18.22  no longer live at the address listed on your voter registration 
 18.23  or because of another question about your eligibility to vote. 
 18.24     To remove the challenge so that your ballot can be counted, 
 18.25  you must complete the enclosed Minnesota voter registration 
 18.26  application.  Read the statement at the bottom of the 
 18.27  registration application and sign the application only if all 
 18.28  parts apply to you.  To complete the return envelope, follow the 
 18.29  instructions provided." 
 18.30     Sec. 25.  Minnesota Statutes 2002, section 203B.06, 
 18.31  subdivision 4, is amended to read: 
 18.32     Subd. 4.  [REGISTRATION CHECK.] Upon receipt of an 
 18.33  application for ballots, the county auditor, municipal clerk, or 
 18.34  election judge acting pursuant to section 203B.11, who receives 
 18.35  the application shall determine whether the applicant is a 
 18.36  registered voter.  If the applicant is not registered to vote, 
 19.1   the county auditor, municipal clerk, or election judge shall 
 19.2   include a voter registration card application among the election 
 19.3   materials provided to the applicant.  If the county auditor, 
 19.4   municipal clerk, or election judge determines that the voter's 
 19.5   registration is deficient under section 201.061, subdivision 1a, 
 19.6   paragraph (b), the voter must be notified of the deficiency and 
 19.7   a voter registration application must be included with the 
 19.8   nonregistration absentee ballot materials.  The voter may 
 19.9   register using nonregistration absentee procedures. 
 19.10     Sec. 26.  Minnesota Statutes 2002, section 203B.06, 
 19.11  subdivision 7, is amended to read: 
 19.12     Subd. 7.  [SPECIAL POSTAL SERVICES.] If the federal 
 19.13  government or any of its branches, departments, agencies or 
 19.14  other instrumentalities makes any special service available for 
 19.15  the mailing of absentee voting materials, any county auditor or 
 19.16  municipal clerk may use the service.  A county auditor may use 
 19.17  envelopes prepaid by applicants for express or similar delivery 
 19.18  service. 
 19.19     Sec. 27.  Minnesota Statutes 2002, section 203B.07, is 
 19.20  amended to read: 
 19.21     203B.07 [RETURN AND BALLOT ENVELOPES; DIRECTIONS TO 
 19.22  VOTERS.] 
 19.23     Subdivision 1.  [DELIVERY OF ENVELOPES, DIRECTIONS.] The 
 19.24  county auditor or the municipal clerk shall prepare, print, and 
 19.25  transmit a return envelope, a ballot envelope, and a copy of the 
 19.26  directions for casting an absentee ballot to each applicant 
 19.27  whose application for absentee ballots is accepted pursuant to 
 19.28  section 203B.04.  The directions for casting an absentee ballot 
 19.29  shall be printed in at least 14-point bold type with heavy 
 19.30  leading and may be printed on the ballot envelope.  When a 
 19.31  person requests the directions in Braille or on cassette tape, 
 19.32  the county auditor or municipal clerk shall provide them in the 
 19.33  form requested.  The secretary of state shall prepare Braille 
 19.34  and cassette copies and make them available on request.  
 19.35     When a voter registration card application is sent to the 
 19.36  applicant as provided in section 203B.06, subdivision 4, the 
 20.1   directions or registration card shall application must include 
 20.2   instructions for registering to vote.  County auditors and other 
 20.3   persons administering the absentee process in jurisdictions 
 20.4   whose boundaries include any part of an Indian reservation must, 
 20.5   when responding to a request that is made from an address within 
 20.6   the Indian reservation, also include information on the use of 
 20.7   tribal information valid for proving residence within that 
 20.8   jurisdiction for voting purposes. 
 20.9      Instances of deficient registrations are covered by section 
 20.10  203B.06, subdivision 4. 
 20.11     Subd. 2.  [DESIGN OF ENVELOPES.] The return envelope 
 20.12  shall must be of sufficient size to conveniently enclose and 
 20.13  contain the ballot envelope and a voter registration 
 20.14  card application folded along its perforations.  The return 
 20.15  envelope shall be designed to open on the left hand end.  A 
 20.16  certificate of eligibility to vote by absentee ballot shall be 
 20.17  printed on the right hand three-fourths of the back of the 
 20.18  envelope.  The certificate shall contain a statement to be 
 20.19  signed and sworn by the voter indicating that the voter meets 
 20.20  all of the requirements established by law for voting by 
 20.21  absentee ballot.  The certificate shall also contain a statement 
 20.22  signed by a person who is registered to vote in Minnesota or by 
 20.23  a notary public or other individual authorized to administer 
 20.24  oaths stating that:  
 20.25     (a) (1) the ballots were displayed to that individual 
 20.26  unmarked; 
 20.27     (b) (2) the voter marked the ballots in that individual's 
 20.28  presence without showing how they were marked, or, if the voter 
 20.29  was physically unable to mark them, that the voter directed 
 20.30  another individual to mark them; and 
 20.31     (c) (3) if the voter was not previously registered, the 
 20.32  voter has provided proof of residence as required by section 
 20.33  201.061, subdivision 3.  
 20.34     The county auditor or municipal clerk shall affix first 
 20.35  class postage to the return envelopes.  
 20.36     Sec. 28.  [203B.071] [INSTRUCTIONS TO ABSENTEE VOTER.] 
 21.1      Subdivision 1.  [REQUIRED INSTRUCTIONS.] Instructions to 
 21.2   the absentee voter must be enclosed with the absentee ballot 
 21.3   materials mailed or delivered to the absent voter.  The 
 21.4   instructions must be in the form provided in subdivision 2, 3, 
 21.5   or 6.  The instructions may include a telephone number or 
 21.6   electronic mail address that voters can call or write to for 
 21.7   help in absentee voting.  In election jurisdictions using 
 21.8   electronic voting systems, the instructions must explain how to 
 21.9   correctly mark and fold the electronic voting system ballots.  
 21.10  The instructions must inform the voter of the effect of casting 
 21.11  multiple votes for an office and, in the case of a partisan 
 21.12  primary, the effect of voting for candidates of more than one 
 21.13  party.  The instructions must include information on how to 
 21.14  correct a ballot before it is cast and counted, including 
 21.15  instructions on how to request a replacement ballot if the voter 
 21.16  is unable to change the ballot or correct an error. 
 21.17     Subd. 2.  [UNREGISTERED VOTERS AND VOTERS WITH DEFICIENT 
 21.18  REGISTRATIONS.] The following instructions must be sent to 
 21.19  unregistered absentee voters and to voters whose registrations 
 21.20  are deficient under section 201.071, subdivision 4a: 
 21.21             "INSTRUCTIONS TO ABSENTEE VOTERS, VOTERS 
 21.22          WHO ARE CURRENTLY NOT REGISTERED IN MINNESOTA, 
 21.23             VOTERS WHOSE REGISTRATIONS HAVE BEEN DULY 
 21.24           CHALLENGED, AND VOTERS WHO REGISTERED BY MAIL 
 21.25         AND HAVE NOT COMPLETED REGISTRATION REQUIREMENTS 
 21.26               Follow these instructions carefully. 
 21.27     Before you vote by absentee ballot you must have a witness. 
 21.28     Step 1.  Locate one of the following individuals to serve 
 21.29  as your witness: 
 21.30     a.  anyone who is registered to vote in Minnesota including 
 21.31  your spouse or another relative who meets this qualification; 
 21.32     b.  a notary public; or 
 21.33     c.  any person having authority to administer oaths. 
 21.34     Step 2.  Fill out the voter registration application.  
 21.35  Remember to sign your name at the bottom of the application. 
 21.36     Step 3.  Show your witness your proof of residence in the 
 21.37  precinct.  One of the following documents may be used as proof 
 21.38  of residence: 
 22.1      a.  a valid Minnesota driver's license, permit, or 
 22.2   identification card, or a receipt for any of these forms, that 
 22.3   contains your current address; 
 22.4      b.  one document from the list in (i) and one document from 
 22.5   the list in (ii): 
 22.6      (i) an original bill in your name for gas, electric, 
 22.7   telephone, cable television, solid waste, water, or sewer 
 22.8   services showing your current address and due up to 30 days 
 22.9   before or after election day; and 
 22.10     (ii) your Minnesota driver's license or identification 
 22.11  card, United States passport, United States military 
 22.12  identification card with your photograph, or Minnesota 
 22.13  postsecondary student identification card with your photograph; 
 22.14     c.  the signature of a registered voter who lives in your 
 22.15  precinct; if your witness is registered to vote in your 
 22.16  precinct, your witness may also vouch for you; 
 22.17     d.  a student identification card, registration card, or 
 22.18  fee statement that contains the student's current address in the 
 22.19  precinct; or 
 22.20     e.  a current valid registration in the same precinct. 
 22.21     Step 4.  Show your witness the unmarked ballots. 
 22.22     Step 5.  Mark the ballots in secrecy.  If you are disabled 
 22.23  or otherwise unable to mark the ballots, you may ask your 
 22.24  witness to assist you.  Mark your votes in the manner shown or 
 22.25  explained at the top of the ballots.  Follow the instructions 
 22.26  under each office that tell you how many votes can be cast and 
 22.27  do not cast more votes than instructed.  Casting more votes than 
 22.28  instructed for an office will prevent your votes from being 
 22.29  counted for that office. 
 22.30     FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
 22.31  on the ballot.  If you are voting in a partisan primary, you may 
 22.32  only vote for candidates of one party.  Voting for candidates in 
 22.33  more than one party will prevent your partisan ballot from being 
 22.34  counted. 
 22.35     If you make an error when marking your ballot, you may 
 22.36  request a new ballot from the election official from whom you 
 23.1   received your ballot.  If you cannot request a new ballot for 
 23.2   any reason, completely erase any errors and remark your ballot. 
 23.3      Step 6.  Fold each ballot so that your votes cannot be 
 23.4   seen.  Do not put any identifying marks on the ballot. 
 23.5      Step 7.  Place all voted ballots in the tan ballot envelope 
 23.6   and seal the envelope.  Do not write on the ballot envelope. 
 23.7      Step 8.  Place the tan secrecy envelope and your completed 
 23.8   voter registration application into the white ballot return 
 23.9   envelope and seal the envelope.  
 23.10     Step 9.  Print your name and address and sign your name on 
 23.11  the back of the white ballot return envelope.  The name, 
 23.12  address, and signature of your witness are required as well. 
 23.13     Step 10.  Return your ballot to the address on the white 
 23.14  ballot return envelope in one of the following ways: 
 23.15     a.  by mail so it will be delivered by election day; 
 23.16     b.  in person no later than 5:00 p.m. on the day before 
 23.17  election day; or 
 23.18     c.  by having someone else return your ballot by 3:00 p.m. 
 23.19  on election day (this person cannot be a candidate and cannot 
 23.20  return ballots for more than three voters). 
 23.21  <b>Note:</b>  Follow these instructions carefully.  An improperly 
 23.22  completed ballot, or statement of voter or witness, will 
 23.23  invalidate your votes.  If you have any questions, please call 
 23.24  ........... ." 
 23.25     Subd. 3.  [INSTRUCTIONS FOR REGISTERED VOTERS.] The 
 23.26  following instructions must be sent to registered absentee 
 23.27  voters: 
 23.28                 "INSTRUCTIONS TO ABSENTEE VOTERS
 23.29               Follow these instructions carefully. 
 23.30     Before you vote by absentee ballot you must have a witness. 
 23.31     Step 1.  Locate one of the following individuals to serve 
 23.32  as your witness: 
 23.33     a.  anyone who is registered to vote in Minnesota including 
 23.34  your spouse or another relative who meets this qualification; 
 23.35     b.  a notary public; or 
 23.36     c.  any person having authority to administer oaths. 
 24.1      Step 2.  Show your witness the unmarked ballots. 
 24.2      Step 3.  Mark the ballots in secrecy.  If you are disabled 
 24.3   or otherwise unable to mark the ballots, you may ask your 
 24.4   witness to assist you.  Mark your votes in the manner shown or 
 24.5   explained at the top of the ballots.  Follow the instructions 
 24.6   under each office that tell you how many votes can be cast and 
 24.7   do not cast more votes than instructed.  Casting more votes than 
 24.8   instructed for an office will prevent your votes from being 
 24.9   counted for that office. 
 24.10     FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
 24.11  on the ballot.  If you are voting in a partisan primary, you may 
 24.12  only vote for candidates of one party.  Voting for candidates in 
 24.13  more than one party will prevent your partisan ballot from being 
 24.14  counted. 
 24.15     If you make an error when marking your ballot, you may 
 24.16  request a new ballot from the election official from whom you 
 24.17  received your ballot.  If you cannot request a new ballot for 
 24.18  any reason, completely erase any errors and remark your ballot. 
 24.19     Step 4.  Fold each ballot so that your votes cannot be 
 24.20  seen.  Do not put any identifying marks on the ballot. 
 24.21     Step 5.  Place all voted ballots in the tan ballot secrecy 
 24.22  envelope and seal the envelope.  Do not write on the ballot 
 24.23  envelope. 
 24.24     Step 6.  Place the tan ballot secrecy envelope into the 
 24.25  white ballot return envelope and seal the envelope.  
 24.26     Step 7.  Print your name and address and sign your name on 
 24.27  the back of the white ballot return envelope.  The name, 
 24.28  address, and signature of your witness are required as well. 
 24.29     Step 8.  Return your ballot to the address on the white 
 24.30  ballot return envelope in one of the following ways: 
 24.31     a.  by mail so it will be delivered by election day; 
 24.32     b.  in person no later than 5:00 p.m. on the day before 
 24.33  election day; or 
 24.34     c.  by having someone else return your ballot by 3:00 p.m. 
 24.35  on election day (this person cannot be a candidate and cannot 
 24.36  return ballots for more than three voters). 
 25.1   <b>Note:</b>  Follow these instructions carefully.  An improperly 
 25.2   completed ballot, or statement of voter or witness, will 
 25.3   invalidate your votes.  If you have any questions, please call 
 25.4   ..........." 
 25.5      Subd. 4.  [PRESIDENTIAL BALLOT RETURN ENVELOPE.] The 
 25.6   secretary of state must provide the form of the presidential 
 25.7   ballot return envelope by January 1 of every even-numbered year 
 25.8   to the auditor through electronic means.  The form of the 
 25.9   affidavit on the back of the envelope must include spaces for 
 25.10  the following information:  the voter's name, former address in 
 25.11  Minnesota, including city or town and county, a statement of 
 25.12  eligibility, the voter's signature, and the date.  The statement 
 25.13  of eligibility must be an affirmation that the voter will be at 
 25.14  least 18 years old on election day, is a citizen of the United 
 25.15  States, and is not under court-ordered guardianship of the 
 25.16  person without retaining the right to vote, has not been found 
 25.17  by a court to be legally incompetent to vote, and has not been 
 25.18  convicted of a felony without having civil rights restored, or 
 25.19  has previously lived in Minnesota and has moved from Minnesota 
 25.20  to another state within 30 days of a presidential election and 
 25.21  is not eligible to vote in the state in which the voter now 
 25.22  resides. 
 25.23     Sec. 29.  [203B.072] [STATEMENT OF ABSENTEE VOTER.] 
 25.24     Subdivision 1.  [FORM.] Except as provided in subdivision 
 25.25  4, the statement of absentee voter for persons voting under 
 25.26  sections 203B.04 to 203B.15 must be as follows: 
 25.27                    "TO BE COMPLETED BY VOTER 
 25.28   VOTER'S NAME (PLEASE PRINT) 
 25.29   ______________________________________________
 25.30   VOTER'S ADDRESS (PLEASE PRINT) 
 25.31   ______________________________________________
 25.32  I certify that on election day I will meet all the legal 
 25.33  requirements to vote by absentee ballot. 
 25.34   VOTER'S SIGNATURE              DATE 
 25.35   _________________              ______
 25.36                    TO BE COMPLETED BY WITNESS 
 26.1   I certify that the voter 
 26.2      * showed me the blank ballots before voting; 
 26.3      * marked the ballots in secrecy or, if physically unable to 
 26.4   mark the ballots, the ballots were marked as directed by the 
 26.5   voter; 
 26.6      * enclosed and sealed the ballots in the secrecy envelope; 
 26.7      * registered to vote by filling out and enclosing a voter 
 26.8   registration application in the ballot envelope; and 
 26.9      * provided proof of residence as indicated below. 
 26.10   NAME OF WITNESS (PLEASE PRINT) 
 26.11   __________________________________________
 26.12   ADDRESS OF WITNESS (PLEASE PRINT) 
 26.13   __________________________________________
 26.14   SIGNATURE OF WITNESS            DATE 
 26.15   _______________________         __________
 26.16   TITLE OF WITNESS (IF AN OFFICIAL) 
 26.17   _________________________________ 
 26.18                 PROOF OF RESIDENCE USED BY VOTER 
 26.19   <b>Witness - please check one:</b> 
 26.20     ( ) MN Driver's License/Permit/ID Card or receipt with 
 26.21  current address. 
 26.22   Number:  ______________________ 
 26.23     ( ) Utility bill plus a MN Driver's License/ID Card, U.S. 
 26.24  passport, U.S. military ID card with picture, or student ID card 
 26.25  with picture. 
 26.26   Number:  ______________________ 
 26.27     ( ) Previous registration in the same precinct. 
 26.28     ( ) Student ID Number:  ________________________ 
 26.29     ( ) Notice of Late Registration from county auditor or 
 26.30  municipal clerk. 
 26.31     ( ) Registered voter in the precinct who vouched for 
 26.32  absentee voter's residence in the precinct. 
 26.33     (Please complete the next three lines.) 
 26.34   VOUCHER'S NAME (PLEASE PRINT) 
 26.35   __________________________________________
 26.36   VOUCHER'S ADDRESS (PLEASE PRINT) 
 27.1    __________________________________________
 27.2    VOUCHER'S SIGNATURE               
 27.3    _________________________________"
 27.4      Subd. 2.  [FIRST TWO LINES.] The county auditor or 
 27.5   municipal clerk may complete the first two lines of a statement 
 27.6   of absentee voter form before mailing it to the absent voter by 
 27.7   printing the name and address of the absent voter or by 
 27.8   attaching a mailing label. 
 27.9      Subd. 3.  [PRINTING SPECIFICATIONS.] The statement must be 
 27.10  printed on the right-hand three-fourths of the back of the 
 27.11  absentee ballot return envelope.  The words "TO BE COMPLETED BY 
 27.12  VOTER" must be printed in no smaller than 12-point type in 
 27.13  capital letters.  The remainder of the statement must be printed 
 27.14  in no smaller than 8-point medium type. 
 27.15     Subd. 4.  [ALTERNATIVE STATEMENT.] As an alternative, a 
 27.16  county auditor may print two different versions of the 
 27.17  statement.  One version must be provided to absentee voters not 
 27.18  previously registered to vote and must be printed as prescribed 
 27.19  in subdivision 1.  An alternate version may be printed in the 
 27.20  form shown in subdivision 5 and must be provided only to 
 27.21  absentee voters who are registered to vote at the time of 
 27.22  application.  The statement must be printed according to the 
 27.23  specifications in subdivision 3. 
 27.24     Subd. 5.  [ALTERNATIVE STATEMENT OF ABSENTEE VOTER 
 27.25  FORM.] The alternative statement of absentee voter form must be 
 27.26  as follows: 
 27.27                    "TO BE COMPLETED BY VOTER 
 27.28   VOTER'S NAME (PLEASE PRINT) 
 27.29   ______________________________________________
 27.30   VOTER'S ADDRESS (PLEASE PRINT) 
 27.31   ______________________________________________
 27.32  I certify that on election day I will meet all the legal 
 27.33  requirements to vote by absentee ballot. 
 27.34   VOTER'S SIGNATURE               DATE 
 27.35   __________________              _____
 28.1                     TO BE COMPLETED BY WITNESS 
 28.2   I certify that the voter 
 28.3      * showed me the blank ballots before voting; 
 28.4      * marked the ballots in secrecy or, if physically unable to 
 28.5   mark the ballots, the ballots were marked as directed by the 
 28.6   voter; 
 28.7      * enclosed and sealed the ballots in the secrecy envelope. 
 28.8    NAME OF WITNESS (PLEASE PRINT) 
 28.9    __________________________________________
 28.10   ADDRESS OF WITNESS (PLEASE PRINT) 
 28.11   __________________________________________
 28.12   SIGNATURE OF WITNESS            DATE 
 28.13   _______________________         __________
 28.14   TITLE OF WITNESS (IF AN OFFICIAL) 
 28.15   _________________________________"
 28.16     Sec. 30.  [203B.211] [MILITARY AND OVERSEAS VOTERS.] 
 28.17     The following instructions must be sent to military and 
 28.18  overseas absentee voters voting under sections 203B.16 to 
 28.19  203B.27: 
 28.20                 "INSTRUCTIONS TO ABSENTEE VOTERS 
 28.21     Follow these instructions carefully: 
 28.22     Step 1.  Mark the ballots in secrecy.  Mark your votes in 
 28.23  the manner shown or explained at the top of the ballots.  Follow 
 28.24  the instructions under each office that tell you how many votes 
 28.25  can be cast and do not cast more votes than instructed.  Casting 
 28.26  more votes than instructed for an office will prevent your votes 
 28.27  from being counted for that office. 
 28.28     FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
 28.29  on the ballot.  If you are voting in a partisan primary, you may 
 28.30  only vote for candidates of one party.  Voting for candidates in 
 28.31  more than one party will prevent your partisan ballot from being 
 28.32  counted. 
 28.33     If you make an error when marking your ballot, you may 
 28.34  erase any errors and remark your ballot or you may request a new 
 28.35  ballot from the county auditor from whom you received your 
 28.36  ballot.  If you are outside the United States and have not 
 29.1   received your replacement ballot within a reasonable time so 
 29.2   that you can mark your replacement ballot and return it by 
 29.3   election day, use the federal write-in absentee ballot. 
 29.4      If you are disabled or otherwise unable to mark the 
 29.5   ballots, you may have someone assist you.  Do not permit any 
 29.6   other individual to observe the marking of the ballot. 
 29.7      Step 2.  Fold each ballot so that your votes cannot be 
 29.8   seen.  Do not put any identifying marks on the ballot. 
 29.9      Step 3.  Place all completed ballots in the tan ballot 
 29.10  secrecy envelope and seal the envelope.  Do not write on the tan 
 29.11  ballot secrecy envelope.  Do not permit other individuals to see 
 29.12  your ballot before sealing the ballot envelope. 
 29.13     Step 4.  Place the tan ballot secrecy envelope into the 
 29.14  white ballot return envelope and seal the envelope. 
 29.15     Step 5.  Write your military identification number or 
 29.16  passport number on the back of the white ballot return 
 29.17  envelope.  If you cannot provide your military identification 
 29.18  number or passport number on the return ballot envelope, you 
 29.19  must have the signature and certification of a commissioned 
 29.20  officer of the armed forces or any official authorized to 
 29.21  administer oaths under federal law or the law of the state of 
 29.22  Minnesota or other place where the oath is administered. 
 29.23     Step 6.  Print your name and your present or last address 
 29.24  in Minnesota.  Date and sign your name on the back of the white 
 29.25  ballot return envelope. 
 29.26     Step 7.  Return your ballot to the address on the white 
 29.27  ballot return envelope by mail or expedited delivery service so 
 29.28  it will be delivered by no later than election day. 
 29.29     <b>Note:</b>  Follow these instructions carefully.  An improperly 
 29.30  completed ballot or ballot envelope may invalidate your votes.  
 29.31  If you have any questions, please call ..........." 
 29.32     Sec. 31.  [203B.073] [ABSENTEE BALLOT ENVELOPE.] 
 29.33     Subdivision 1.  [FORM.] The absentee ballot return envelope 
 29.34  for persons casting an absentee ballot under sections 203B.04 to 
 29.35  203B.15 must be printed according to the following 
 29.36  specifications: 
 30.1      (a) The envelope must be no smaller than 10-3/8 inches by 
 30.2   4-1/2 inches. 
 30.3      (b) The words and numbers printed on the left-hand side of 
 30.4   the envelope must be in no smaller than 12-point bold type. 
 30.5      (c) The words "ABSENTEE BALLOT RETURN ENVELOPE" printed 
 30.6   across the face of the envelope must be in no smaller than 
 30.7   18-point bold type in capital letters. 
 30.8      (d) The envelope must be white in color with black ink. 
 30.9      (e) The flap on one end of the back side of the envelope 
 30.10  may be printed as follows: 
 30.11                     "FOR OFFICE USE ONLY" 
 30.12                     ( ) ACCEPTED      ( ) REJECTED 
 30.13     Subd. 2.  [MAILING ADDRESS.] (a) County auditors and 
 30.14  municipal clerks must print a mailing address on each return 
 30.15  envelope mailed or delivered to an absent voter.  The address 
 30.16  block must be located in the lower right one-fourth of the 
 30.17  envelope.  A return envelope may be addressed to the county 
 30.18  auditor, municipal clerk, or election judges of the precinct in 
 30.19  which the absent voter is eligible to vote. 
 30.20     (b) If an auditor has the duty to address envelopes for a 
 30.21  municipality and the envelopes are to be addressed to the 
 30.22  election judges, the clerk shall notify the auditor of the 
 30.23  proper mailing address of each polling place in the 
 30.24  municipality.  The clerk shall immediately notify the auditor of 
 30.25  every change in the initial notification. 
 30.26     Subd. 3.  [WARD AND PRECINCT NUMBER.] The person mailing or 
 30.27  delivering absentee ballots to an absent voter must, before 
 30.28  doing so, fill in the absent voter's ward and precinct number in 
 30.29  the spaces provided on the left-hand side of the return 
 30.30  envelope, unless this information is contained on a label that 
 30.31  has been affixed to the envelope. 
 30.32     Subd. 4.  [RETURN ADDRESS.] A county auditor or municipal 
 30.33  clerk may affix the return address to the upper left-hand corner 
 30.34  of the return envelope. 
 30.35     Subd. 5.  [MARKS OR LOGO APPROVED BY UNITED STATES POSTAL 
 30.36  SERVICE.] Marks or a logo approved by the United States Postal 
 31.1   Service to identify ballot materials as official election mail 
 31.2   may be printed on the absentee ballot return envelope. 
 31.3      Subd. 6.  [SAMPLE ENVELOPE LAYOUT.] The secretary of state 
 31.4   shall provide samples of the layout of the front and back of the 
 31.5   envelope. 
 31.6      Sec. 32.  [203B.212] [MILITARY AND OVERSEAS VOTERS; 
 31.7   ENVELOPE.] 
 31.8      The absentee ballot return envelope for military and 
 31.9   overseas voters must be printed according to paragraphs (a) to 
 31.10  (i). 
 31.11     (a) The envelope may not be more than 11-1/2 inches in 
 31.12  length nor less than 5-1/2 inches in length. 
 31.13     (b) The envelope may not be more than 6-1/8 inches in width 
 31.14  nor less than 3-1/2 inches in width. 
 31.15     (c) In the upper right-hand corner, a postage symbol and 
 31.16  box must be imprinted: 
 31.17                        "U.S. Postage Paid 
 31.18                           39 USC 3406" 
 31.19     (d) The words "PAR AVION" must be printed in 12-point bold 
 31.20  type in capital letters one-half inch below the postage box. 
 31.21     (e) The words "OFFICIAL ABSENTEE BALLOTING MATERIAL -- 
 31.22  FIRST CLASS MAIL No Postage Necessary In The U.S. Mail - DMM 
 31.23  E080" must be printed in 18-point bold type and inside a box. 
 31.24     (f) The envelope must be white in color with black ink used 
 31.25  for all printing. 
 31.26     (g) County auditors or municipal clerks must address the 
 31.27  return envelope as provided in section 203B.08. 
 31.28     (h) Facing identification marks must be positioned as 
 31.29  specified in United States Postal Service instructions for 
 31.30  facing identification marks. 
 31.31     (i) Marks approved by the United States Postal Service to 
 31.32  identify ballot materials may be printed on the absentee ballot 
 31.33  envelopes. 
 31.34     (j) The envelope must be signed by the voter and must be 
 31.35  dated. 
 31.36     Sec. 33.  Minnesota Statutes 2002, section 203B.10, is 
 32.1   amended to read: 
 32.2      203B.10 [DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 
 32.3   ELECTION JUDGES.] 
 32.4      On the day before an election:  
 32.5      (a) The county auditor shall deliver to the municipal 
 32.6   clerks within that county the applications for absentee ballots 
 32.7   theretofore received and endorsed as provided in section 
 32.8   203B.06, subdivision 5; and 
 32.9      (b) The municipal clerks shall deliver the applications 
 32.10  received from the county auditor and the applications for 
 32.11  absentee ballots filed with their respective offices and 
 32.12  endorsed as provided in section 203B.06, subdivision 5, to the 
 32.13  appropriate election judges.  Applications received on election 
 32.14  day pursuant to section 203B.04, subdivision 2, shall be 
 32.15  promptly delivered to the election judges in the precincts or to 
 32.16  the judges of an absentee ballot board. 
 32.17     For purposes of this section, "application" includes a 
 32.18  photocopy or other electronically produced image of an 
 32.19  application, and "deliver" includes secure electronic 
 32.20  transmission of the image of an application. 
 32.21     Sec. 34.  Minnesota Statutes 2002, section 203B.11, 
 32.22  subdivision 1, is amended to read: 
 32.23     Subdivision 1.  [GENERALLY.] Each full-time municipal or 
 32.24  school district clerk who has authority under section 203B.05 to 
 32.25  administer absentee voting laws shall designate election judges 
 32.26  to deliver absentee ballots in accordance with this section.  
 32.27  The county auditor may shall also designate election judges to 
 32.28  perform the duties in this section if the municipal clerk is not 
 32.29  designated to perform absentee ballot duties.  A ballot may be 
 32.30  delivered only to an eligible voter who is a temporary or 
 32.31  permanent resident or patient in a health care facility or 
 32.32  hospital located in the municipality in which the voter 
 32.33  maintains residence.  The ballots shall be delivered by two 
 32.34  election judges, each of whom is affiliated with a different 
 32.35  major political party.  When the election judges deliver or 
 32.36  return ballots as provided in this section, they shall travel 
 33.1   together in the same vehicle.  Both election judges shall be 
 33.2   present when an applicant completes the certificate of 
 33.3   eligibility and marks the absentee ballots, and may assist an 
 33.4   applicant as provided in section 204C.15.  The election judges 
 33.5   shall deposit the return envelopes containing the marked 
 33.6   absentee ballots in a sealed container and return them to the 
 33.7   clerk on the same day that they are delivered and marked. 
 33.8      Sec. 35.  Minnesota Statutes 2002, section 203B.12, 
 33.9   subdivision 2, is amended to read: 
 33.10     Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
 33.11  election judges shall examine each return envelope and shall 
 33.12  mark it accepted or rejected in the manner provided in this 
 33.13  subdivision.  If a ballot has been prepared under section 
 33.14  204B.12, subdivision 2a, or 204B.41, the election judges shall 
 33.15  not begin removing ballot envelopes from the return envelopes 
 33.16  until 8:00 p.m. on election day, either in the polling place or 
 33.17  at an absentee ballot board established under section 203B.13. 
 33.18     The election judges shall mark the return envelope 
 33.19  "Accepted" and initial or sign the return envelope below the 
 33.20  word "Accepted" if the election judges or a majority of them are 
 33.21  satisfied that:  
 33.22     (1) the voter's name and address on the return envelope are 
 33.23  the same as the information provided on the absentee ballot 
 33.24  application; 
 33.25     (2) the voter's signature on the return envelope is the 
 33.26  genuine signature of the individual who made the application for 
 33.27  ballots and the certificate has been completed as prescribed in 
 33.28  the directions for casting an absentee ballot; 
 33.29     (3) the voter is registered and eligible to vote in the 
 33.30  precinct or has included a properly completed registration card 
 33.31  in the return envelope; and 
 33.32     (4) the voter has not already voted at that election, 
 33.33  either in person or by absentee ballot.  
 33.34     The return envelope from accepted ballots must be preserved 
 33.35  and returned to the county auditor.  
 33.36     If all or a majority of the election judges examining 
 34.1   return envelopes find that an absent voter has failed to meet 
 34.2   one of the requirements prescribed in clauses (1) to (4), they 
 34.3   shall mark the return envelope "Rejected," initial or sign it 
 34.4   below the word "Rejected," and return it to the county auditor.  
 34.5      If more than one return envelope is received from a voter, 
 34.6   the ballots in the return envelope bearing the latest date must 
 34.7   be counted and all other return envelopes received from that 
 34.8   voter must be returned with the rejected ballots. 
 34.9      Sec. 36.  Minnesota Statutes 2002, section 203B.20, is 
 34.10  amended to read: 
 34.11     203B.20 [CHALLENGES.] 
 34.12     Except as provided in this section, the eligibility or 
 34.13  residence of a voter whose application for absentee ballots is 
 34.14  recorded under section 203B.19 may be challenged in the manner 
 34.15  set forth by section 201.195.  The county auditor or municipal 
 34.16  clerk shall not be required to serve a copy of the petition and 
 34.17  notice of hearing on the challenged voter.  If the absentee 
 34.18  ballot application was submitted on behalf of the voter by an 
 34.19  individual authorized under section 203B.17, subdivision 1, 
 34.20  paragraph (a), the county auditor must attempt to notify the 
 34.21  individual who submitted the application that the voter's 
 34.22  eligibility has been challenged.  All reasonable doubt shall be 
 34.23  resolved in favor of the validity of the application.  If the 
 34.24  voter's challenge is affirmed, the county auditor shall provide 
 34.25  the challenged voter with a copy of the petition and the 
 34.26  decision and shall inform the voter of the right to appeal as 
 34.27  provided in section 201.195.  
 34.28     Sec. 37.  Minnesota Statutes 2002, section 203B.21, 
 34.29  subdivision 3, is amended to read: 
 34.30     Subd. 3.  [BACK OF RETURN ENVELOPE.] On the back of the 
 34.31  return envelope an affidavit form shall appear with space for:  
 34.32     (a) (1) the voter's address of present or former residence 
 34.33  in Minnesota; 
 34.34     (b) A statement indicating the category described in 
 34.35  section 203B.16 to which the voter belongs; 
 34.36     (c) (2) a statement that the voter has not cast and will 
 35.1   not cast another absentee ballot in the same election or 
 35.2   elections; 
 35.3      (d) (3) a statement that the voter personally marked the 
 35.4   ballots without showing them to anyone, or if physically unable 
 35.5   to mark them, that the voter directed another individual to mark 
 35.6   them; and 
 35.7      (e) (4) the voter's military identification card number, 
 35.8   passport number, or, if the voter does not have a valid passport 
 35.9   or identification card, the signature and certification of an 
 35.10  individual authorized to administer oaths or a commissioned or 
 35.11  noncommissioned officer of the military not below the rank of 
 35.12  sergeant or its equivalent. armed forces or any official 
 35.13  authorized to administer oaths under federal law or state law or 
 35.14  the law of the place where the oath is administered; 
 35.15     (5) the federal oath.  The federal oath prescribed by the 
 35.16  federal Help America Vote Act is as follows: 
 35.17     "I swear or affirm, under penalty of perjury, that:  
 35.18     I am a member of the uniformed services or merchant marine 
 35.19  on active duty or an eligible spouse or dependent of such a 
 35.20  member; a United States citizen temporarily residing outside the 
 35.21  United States; or other United States citizen residing outside 
 35.22  the United States; and 
 35.23     I am a United States citizen, at least 18 years of age (or 
 35.24  will be by the date of the election,) and I am eligible to vote 
 35.25  in the requested jurisdiction; 
 35.26     I have not been convicted of a felony, or other 
 35.27  disqualifying offense, or been adjudicated mentally incompetent, 
 35.28  or, if so, my voting rights have been reinstated; and 
 35.29     I am not registering, requesting a ballot, or voting in any 
 35.30  other jurisdiction in the United States except the jurisdiction 
 35.31  cited in this voting form. 
 35.32     In voting, I have marked and sealed my ballot in private 
 35.33  and have not allowed any person to observe the marking of the 
 35.34  ballot, except for those authorized to assist voters under state 
 35.35  or federal law.  I have not been influenced. 
 35.36     My signature and date below indicate when I completed this 
 36.1   document. 
 36.2      The information on this form is true, accurate, and 
 36.3   complete to the best of my knowledge.  I understand that a 
 36.4   material misstatement of fact in completion of this document may 
 36.5   constitute grounds for a conviction for perjury."; and 
 36.6      (6) the signature of the voter and the date the affidavit 
 36.7   was signed. 
 36.8      Sec. 38.  Minnesota Statutes 2002, section 203B.22, is 
 36.9   amended to read: 
 36.10     203B.22 [MAILING BALLOTS.] 
 36.11     The county auditor shall mail the appropriate ballots, as 
 36.12  promptly as possible, to an absent voter whose application has 
 36.13  been recorded under section 203B.19.  If the county auditor 
 36.14  determines that a voter is not eligible to vote at the primary 
 36.15  but will be eligible to vote at the general election, only 
 36.16  general election ballots shall be mailed.  Only one set of 
 36.17  ballots shall be mailed to any applicant for any election unless 
 36.18  a set of ballots is spoiled or lost in transit.  Ballots to be 
 36.19  sent outside the United States shall be given priority in 
 36.20  mailing.  A county auditor may make use of any special service 
 36.21  provided by the United States government for the mailing of 
 36.22  voting materials under sections 203B.16 to 203B.27.  A county 
 36.23  auditor may use envelopes prepaid by applicants for express or 
 36.24  similar delivery service.  
 36.25     Sec. 39.  Minnesota Statutes 2002, section 203B.24, is 
 36.26  amended to read: 
 36.27     203B.24 [DUTIES OF ELECTION JUDGES.] 
 36.28     Subdivision 1.  [CHECK OF VOTER ELIGIBILITY; PROPER 
 36.29  EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot 
 36.30  returned as provided in sections 203B.16 to 203B.27, the 
 36.31  election judges shall compare the voter's name with the names 
 36.32  appearing on their copy of the application records compiled 
 36.33  under section 203B.19 to insure that the ballot is from a voter 
 36.34  eligible to cast an absentee ballot under sections 203B.16 to 
 36.35  203B.27.  Any discrepancy or disqualifying fact shall be noted 
 36.36  on the envelope by the election judges.  If a voter whose name 
 37.1   is not on the list submits a ballot, the ballot must be rejected 
 37.2   and the judge must write the reason for the rejection on the 
 37.3   envelope.  Failure to return unused ballots shall not invalidate 
 37.4   a marked ballot, but a ballot shall not be counted if the 
 37.5   affidavit on the return envelope is does not properly 
 37.6   executed. contain the following information:  the voter's name, 
 37.7   signature, current or former address in the precinct, military 
 37.8   identification number or passport number or signature and 
 37.9   certification of a commissioned officer of the armed forces or 
 37.10  any official authorized to administer oaths under federal law or 
 37.11  state law or other place where the oath is administered.  In all 
 37.12  other respects the provisions of the Minnesota Election Law 
 37.13  governing deposit and counting of ballots shall apply.  
 37.14     Subd. 2.  [VOTING MORE THAN ONCE.] The election judges 
 37.15  shall compare the voter's name with the names appearing on their 
 37.16  copy of the list of persons prepared under section 203B.26 who 
 37.17  have submitted an application records to insure that the voter 
 37.18  has not already returned a ballot in the election.  The election 
 37.19  judges must indicate on the record whether an absentee ballot 
 37.20  was accepted for each applicant whose name appears on the 
 37.21  record.  If a voter whose application has been recorded under 
 37.22  section 203B.19 casts a ballot in person on election day, no 
 37.23  absentee ballot shall be counted for that voter.  If more than 
 37.24  one return envelope is received from a voter whose application 
 37.25  has been recorded under section 203B.19, the ballots in the 
 37.26  return envelope bearing the latest date shall be counted and the 
 37.27  uncounted ballots shall be returned by the election judges with 
 37.28  the rejected ballots.  The election judges must preserve the 
 37.29  record and return it to the county auditor or municipal clerk 
 37.30  with the election day materials.  
 37.31     Sec. 40.  Minnesota Statutes 2002, section 204B.14, 
 37.32  subdivision 2, is amended to read: 
 37.33     Subd. 2.  [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 
 37.34  The following shall constitute at least one election precinct:  
 37.35     (1) each city ward; and 
 37.36     (2) each town and each statutory city.  
 38.1      (b) A single, accessible, combined polling place may be 
 38.2   established no later than June 1 of any year: 
 38.3      (1) for any city of the third or fourth class, any town, or 
 38.4   any city having territory in more than one county, in which all 
 38.5   the voters of the city or town shall cast their ballots; 
 38.6      (2) for two contiguous precincts in the same municipality 
 38.7   that if either of them has fewer than 100 registered voters or 
 38.8   if they have a combined total of fewer than 500 registered 
 38.9   voters; or 
 38.10     (3) for up to four contiguous municipalities located 
 38.11  entirely outside the metropolitan area, as defined by section 
 38.12  473.121, subdivision 2, that are contained in the same county. 
 38.13     A copy of the ordinance or resolution establishing a 
 38.14  combined polling place must be filed with the county auditor 
 38.15  within 30 days after approval by the governing body.  A polling 
 38.16  place combined under clause (3) must be approved by the 
 38.17  governing body of each participating municipality.  A 
 38.18  municipality withdrawing from participation in a combined 
 38.19  polling place must do so by filing a resolution of withdrawal 
 38.20  with the county auditor no later than May 1 of any year. 
 38.21     The secretary of state shall provide a separate polling 
 38.22  place roster for each precinct served by the combined polling 
 38.23  place.  A single set of election judges may be appointed to 
 38.24  serve at a combined polling place.  The number of election 
 38.25  judges required must be based on the total number of persons 
 38.26  voting at the last similar election in all precincts to be 
 38.27  voting at the combined polling place.  Separate ballot boxes 
 38.28  must be provided for the ballots from each precinct except that 
 38.29  if a single electronic precinct tabulator is used to count 
 38.30  ballots in the polling place for multiple precincts, the ballots 
 38.31  for all precincts may be deposited into the single ballot box of 
 38.32  the precinct tabulator.  The results of the election must be 
 38.33  reported separately for each precinct served by the combined 
 38.34  polling place, except in a polling place established under 
 38.35  clause (2) where one of the precincts has fewer than ten 
 38.36  registered voters, in which case the results of that precinct 
 39.1   must be reported in the manner specified by the secretary of 
 39.2   state.  
 39.3      Sec. 41.  Minnesota Statutes 2002, section 204B.16, 
 39.4   subdivision 5, is amended to read: 
 39.5      Subd. 5.  [ACCESS BY ELDERLY AND HANDICAPPED.] Each polling 
 39.6   place shall be accessible to and usable by elderly and 
 39.7   physically handicapped individuals.  A polling place is deemed 
 39.8   to be accessible and usable if it complies with the standards in 
 39.9   paragraphs (a) to (f).  
 39.10     (a) At least one set of doors must have a minimum width of 
 39.11  31 32 inches if the doors must be used to enter or leave the 
 39.12  polling place.  
 39.13     (b) Any curb adjacent to the main entrance to a polling 
 39.14  place must have curb cuts or temporary ramps.  Where the main 
 39.15  entrance is not the accessible entrance, any curb adjacent to 
 39.16  the accessible entrance must also have curb cuts or temporary 
 39.17  ramps.  
 39.18     (c) Where the main entrance is not the accessible entrance, 
 39.19  a sign shall be posted at the main entrance giving directions to 
 39.20  the accessible entrance.  
 39.21     (d) At least one set of stairs must have a temporary 
 39.22  handrail and ramp if stairs must be used to enter or leave the 
 39.23  polling place.  
 39.24     (e) No barrier in the polling place may impede the path of 
 39.25  the physically handicapped to the voting booth.  
 39.26     (f) At least one handicapped parking space, which may be 
 39.27  temporarily so designated by the municipality for the day of the 
 39.28  election, must be available near the accessible entrance.  
 39.29     The doorway, handrails, ramps, and handicapped parking 
 39.30  provided pursuant to this subdivision must conform to the 
 39.31  standards specified in the State Building Code for accessibility 
 39.32  by handicapped persons.  
 39.33     A governing body shall designate as polling places only 
 39.34  those places which meet the standards prescribed in this 
 39.35  subdivision unless no available place within a precinct is 
 39.36  accessible or can be made accessible.  
 40.1      Sec. 42.  Minnesota Statutes 2002, section 204B.18, is 
 40.2   amended to read: 
 40.3      204B.18 [POLLING PLACES; EQUIPMENT.] 
 40.4      Subdivision 1.  [BOOTHS.] Each polling place must contain a 
 40.5   number of voting booths in proportion to the number of 
 40.6   individuals eligible to vote in the precinct.  Each booth must 
 40.7   be at least six feet high, three feet deep and two feet wide 
 40.8   with a shelf at least two feet long and one foot wide placed at 
 40.9   a convenient height for writing.  The booth shall be provided 
 40.10  with a door or curtains.  Each accessible polling place must 
 40.11  have at least one accessible voting booth or other accessible 
 40.12  voting station.  All booths or stations must be constructed so 
 40.13  that a voter is free from observation while marking ballots.  In 
 40.14  all other polling places every effort must be made to provide at 
 40.15  least one accessible voting booth or other accessible voting 
 40.16  station must be provided.  During the hours of voting, the 
 40.17  booths or stations must have instructions, a pencil, and other 
 40.18  supplies needed to mark the ballots.  If needed, A chair must be 
 40.19  provided for elderly and handicapped voters to use while 
 40.20  voting or waiting to vote.  A writing surface or clipboard must 
 40.21  be available for voters to use while filling out forms.  All 
 40.22  ballot boxes, voting booths, voting stations, and election 
 40.23  judges must be in open public view in the polling place. 
 40.24     Subd. 2.  [BALLOT BOXES FOR PAPER BALLOTS.] Each polling 
 40.25  place shall be provided with one ballot box for each kind 
 40.26  of paper ballot to be cast at the election.  The boxes shall be 
 40.27  substantially the same color as the ballots to be deposited in 
 40.28  them.  Each box shall be of sufficient size and shall have a 
 40.29  sufficient opening to receive and contain all the ballots likely 
 40.30  to be deposited in it.  When buff or goldenrod ballot boxes are 
 40.31  required, a separate box must be provided for each school 
 40.32  district for which ballots are to be cast at that polling 
 40.33  place.  The number and name of the school district must appear 
 40.34  conspicuously on the top of each buff or goldenrod ballot box. 
 40.35     Sec. 43.  Minnesota Statutes 2002, section 204B.25, 
 40.36  subdivision 3, is amended to read: 
 41.1      Subd. 3.  [TRAINED ELECTION JUDGES; NUMBER REQUIRED.] Each 
 41.2   election precinct in which less than 100 individuals voted at 
 41.3   the last state general election shall have at least two election 
 41.4   judges who are members of different major political parties who 
 41.5   have received training as required in this section.  An election 
 41.6   judge who has not been trained under subdivision 1 must be 
 41.7   trained by the head election judge.  In every other election 
 41.8   precinct, no individual may serve as an election judge who has 
 41.9   not received training as required by subdivision 1. 
 41.10     Sec. 44.  Minnesota Statutes 2002, section 204B.27, 
 41.11  subdivision 3, is amended to read: 
 41.12     Subd. 3.  [INSTRUCTION POSTERS.] At least 25 days before 
 41.13  every state election the secretary of state shall prepare and 
 41.14  furnish to the county auditor of each county in which paper 
 41.15  ballots are used, voter instruction posters printed in large 
 41.16  type upon cards or on heavy paper.  The instruction posters must 
 41.17  contain the information needed to enable the voters to cast 
 41.18  their paper ballots quickly and correctly and indicate the types 
 41.19  of assistance available for elderly and handicapped voters.  Two 
 41.20  instruction posters shall must be furnished for each precinct in 
 41.21  which paper ballots are used.  The secretary of state shall also 
 41.22  provide posters informing voters of eligibility requirements to 
 41.23  vote and of identification and proofs accepted for election day 
 41.24  registration.  Posters furnished by the secretary of state must 
 41.25  also include all information required to be posted by the Help 
 41.26  America Vote Act, including:  instructions on how to vote, 
 41.27  including how to cast a vote, instructions for mail-in 
 41.28  registrants and first-time voters, general information on voting 
 41.29  rights under applicable federal and state laws and instructions 
 41.30  on how to contact the appropriate officials if these rights are 
 41.31  alleged to have been violated, and general information on 
 41.32  federal and state laws regarding prohibitions on acts of fraud 
 41.33  and misrepresentation. 
 41.34     Sec. 45.  Minnesota Statutes 2002, section 204B.45, 
 41.35  subdivision 2, is amended to read: 
 41.36     Subd. 2.  [PROCEDURE.] Notice of the election and the 
 42.1   special mail procedure must be given at least six weeks prior to 
 42.2   the election.  No earlier than 20 days or later than 14 days 
 42.3   prior to the election, the auditor shall mail ballots by 
 42.4   nonforwardable mail to all voters registered in the town or 
 42.5   unorganized territory.  Eligible voters not registered at the 
 42.6   time the ballots are mailed may apply for ballots as provided in 
 42.7   chapter 203B.  Ballot return envelopes, with return postage 
 42.8   provided, must be preaddressed to the auditor or clerk and the 
 42.9   voter may return the ballot by mail or in person to the office 
 42.10  of the auditor or clerk.  The costs of the mailing shall be paid 
 42.11  by the election jurisdiction in which the voter resides.  A 
 42.12  voter who has been challenged or whose registration is deficient 
 42.13  under section 201.071, subdivision 4a, must be sent a voter 
 42.14  registration application along with the ballot materials and a 
 42.15  notice that the voter must reregister in order to vote.  Any 
 42.16  ballot received by 8:00 p.m. on the day of the election must be 
 42.17  counted. 
 42.18     Sec. 46.  [204B.461] [MAIL BALLOTING.] 
 42.19     Subdivision 1.  [SCOPE.] This section applies to mail 
 42.20  balloting conducted under sections 204B.45 and 204B.46.  Except 
 42.21  as otherwise provided in this section, sections 203B.001 to 
 42.22  203B.15 also apply to mail balloting.  In unorganized territory, 
 42.23  the county auditor shall perform the duties specified for the 
 42.24  municipal clerk.  
 42.25     Subd. 2.  [AUTHORIZATION.] The municipal governing body, 
 42.26  school board, or county board may authorize mail balloting by 
 42.27  resolution adopted no later than 45 days prior to the first 
 42.28  election at which mail balloting will be used.  If mail 
 42.29  balloting is adopted pursuant to section 204B.45, the resolution 
 42.30  remains in effect for all subsequent state and county elections 
 42.31  until revoked.  Revocation of the resolution may occur no later 
 42.32  than 45 days before the next affected election.  Authorization 
 42.33  to conduct a special election pursuant to section 204B.46 
 42.34  expires after completion of the election.  
 42.35     Subd. 3.  [NOTICE.] The municipal clerk or school district 
 42.36  clerk shall notify the county auditor of the adoption or 
 43.1   discontinuance of mail balloting no later than two weeks after 
 43.2   adoption or revocation of the resolution.  The county auditor 
 43.3   shall send a similar notice to the secretary of state for 
 43.4   elections authorized pursuant to section 204B.45.  The county 
 43.5   auditor, municipal clerk, or school district clerk shall post 
 43.6   notice of mail ballot procedures at least six weeks before each 
 43.7   election.  Notice of mail ballot procedures must include: 
 43.8      (1) the name or description of the municipality or 
 43.9   unorganized territory; 
 43.10     (2) the date of the election and the dates that ballots 
 43.11  will be mailed; 
 43.12     (3) a statement that each voter registered by the 21st day 
 43.13  before the election will be mailed a ballot; 
 43.14     (4) the times, places, and manner in which voted ballots 
 43.15  can be returned; 
 43.16     (5) an explanation of how an eligible voter who is not 
 43.17  registered may apply for a ballot and how a registered voter who 
 43.18  will be absent from the precinct may apply to receive the ballot 
 43.19  at a temporary address; 
 43.20     (6) the place and time for counting of ballots; and 
 43.21     (7) the name and address or telephone number of the 
 43.22  official or office where additional information can be obtained. 
 43.23     Before the first election at which mail balloting will be 
 43.24  used or discontinued, notice must also be given by one or more 
 43.25  of the following means:  publication in a newspaper of general 
 43.26  circulation, posting of notice at public locations within each 
 43.27  precinct, dissemination of information through the media or at 
 43.28  public meetings, or mailed notice to registered voters. 
 43.29     Subd. 4.  [MAILING BALLOTS.] The county auditor, municipal 
 43.30  clerk, or school district clerk shall mail ballots to the voters 
 43.31  registered in the municipality or unorganized territory.  A 
 43.32  ballot mailing must be sent to each registered voter no earlier 
 43.33  than 20 or later than 14 days prior to the election.  A 
 43.34  challenged voter must be sent nonregistered materials. 
 43.35     Ballots must be sent by nonforwardable mail.  Ballots for 
 43.36  eligible voters who reside in health care facilities may be 
 44.1   delivered as provided in section 203B.11.  The ballot mailing 
 44.2   must be addressed to the voter at the voter's residence address 
 44.3   as shown on the registration file unless the voter completes an 
 44.4   absentee ballot request as provided in section 203B.04 or 
 44.5   203B.16. 
 44.6      A return envelope, a ballot secrecy envelope, and 
 44.7   instructions for marking and returning mail ballots must be 
 44.8   included with the ballots.  The instructions may include a 
 44.9   telephone number or electronic mail address which voters can 
 44.10  call or write for help in mail voting.  At the request of the 
 44.11  secretary of state, a survey card that the voter can return to 
 44.12  the secretary of state must also be included.  The ballot return 
 44.13  envelope must be printed with the mail voter's certificate.  The 
 44.14  ballot return envelope must be addressed for return to the 
 44.15  county auditor, municipal clerk, or school district clerk that 
 44.16  is conducting the election.  First class postage must be affixed 
 44.17  to the return envelope. 
 44.18     Subd. 5.  [FORM OF INSTRUCTIONS TO MAIL VOTERS.] Mail 
 44.19  ballots must include the following instructions: 
 44.20               "INSTRUCTIONS TO MAIL BALLOT VOTERS 
 44.21               Follow these instructions carefully.
 44.22     Before you vote you must have a witness. 
 44.23     Step 1.  Locate one of the following individuals to serve 
 44.24  as your witness:  
 44.25     a.  anyone who is registered to vote in Minnesota including 
 44.26  your spouse or another relative who meets this qualification; 
 44.27     b.  a notary public; or 
 44.28     c.  any person having authority to administer oaths. 
 44.29     Step 2.  Show your witness the unmarked ballots. 
 44.30     Step 3.  Mark the ballots in secrecy.  If you are disabled 
 44.31  or otherwise unable to mark the ballots, you may ask your 
 44.32  witness to assist you.  Mark your votes in the manner shown or 
 44.33  explained at the top of the ballots.  Follow the instructions 
 44.34  under each office that tell you how many votes can be cast and 
 44.35  do not cast more votes than instructed.  Casting more votes than 
 44.36  instructed for an office will prevent your votes from being 
 45.1   counted for that office. 
 45.2      FOR PRIMARY VOTERS ONLY:  Carefully follow the instructions 
 45.3   on the ballot.  If your are voting in a partisan primary, you 
 45.4   may only vote for candidates of one party.  Voting for 
 45.5   candidates in more than one party will prevent your partisan 
 45.6   ballot from being counted. 
 45.7      If your make an error when marking your ballot you may 
 45.8   request a new ballot from the election official from whom you 
 45.9   received your ballot.  If you cannot request a new ballot for 
 45.10  any reason, completely erase any errors and remark your ballot. 
 45.11     Step 4.  Fold each ballot so that your votes cannot be 
 45.12  seen.  Do not put any identifying marks on the ballot. 
 45.13     Step 5.  Place all voted ballots in the tan colored Ballot 
 45.14  Secrecy Envelope and seal the envelope.  Do not write on this 
 45.15  envelope. 
 45.16     Step 6.  Place the tan colored ballot secrecy envelope into 
 45.17  the white ballot return envelope and seal the envelope.  
 45.18     Step 7.  Print your name and address and sign your name on 
 45.19  the back of the white ballot return envelope.  The name, 
 45.20  address, and signature of your witness are required as well. 
 45.21     Step 8.  Return your ballot to the address on the white 
 45.22  ballot return envelope by mail so it will be delivered by 
 45.23  election day or in person or through your designated agent no 
 45.24  later than 8:00 p.m. on election day. 
 45.25     If you have questions, please call (...) ...-.... ." 
 45.26     Subd. 6.  [FORM OF MAIL VOTER'S CERTIFICATE.] The mail 
 45.27  voter's certificate must be as follows: 
 45.28                    "TO BE COMPLETED BY VOTER 
 45.29   VOTER'S NAME (PLEASE PRINT) 
 45.30   ___________________________________________
 45.31   VOTER'S ADDRESS (PLEASE PRINT) 
 45.32   ___________________________________________
 45.33  I certify that on election day I will meet all the legal 
 45.34  requirements to vote. 
 45.35   VOTER'S SIGNATURE               DATE
 45.36   ________________________        _____________ 
 46.1                     TO BE COMPLETED BY WITNESS 
 46.2   I certify that the voter 
 46.3      * showed me the blank ballots before voting; 
 46.4      * marked the ballots in secrecy or, if physically unable to 
 46.5   mark the ballots, the ballots were marked as directed by the 
 46.6   voter; and 
 46.7      * enclosed and sealed the ballots in the secrecy envelope. 
 46.8    NAME OF WITNESS (PLEASE PRINT) 
 46.9    ________________________________________
 46.10   ADDRESS OF WITNESS (PLEASE PRINT) 
 46.11   ________________________________________
 46.12   SIGNATURE OF WITNESS            DATE 
 46.13   _________________________       __________ 
 46.14   TITLE OF WITNESS (IF AN OFFICIAL) 
 46.15   ________________________________________"
 46.16     Subd. 7.  [NONREGISTERED ELIGIBLE VOTERS.] An eligible 
 46.17  voter who was not registered on the 21st day prior to the 
 46.18  election may apply for and receive an absentee ballot.  Absentee 
 46.19  voting in precincts using mail balloting must be conducted under 
 46.20  chapter 203B, except that the time for applying for, receiving, 
 46.21  and returning absentee ballots is extended until 8:00 p.m. on 
 46.22  the day of the election.  The instructions to absentee voters 
 46.23  must be those specified in section 203B.21.  The statement of 
 46.24  absentee voter must be that specified in section 203B.072.  The 
 46.25  absentee ballot return envelope must be as specified in section 
 46.26  203B.073.  
 46.27     Subd. 8.  [REPLACEMENT BALLOTS.] A voter who has spoiled a 
 46.28  ballot may request a replacement ballot from the official 
 46.29  conducting the election by completing a replacement mail ballot 
 46.30  affidavit.  The spoiled ballot must be returned to the official 
 46.31  who issued the ballot, either by mail or in person, before a 
 46.32  replacement ballot can be issued.  The election official must 
 46.33  put the returned ballot in a spoiled ballot envelope.  A 
 46.34  replacement ballot may also be issued to a voter who signs an 
 46.35  affidavit stating that the voter did not receive or lost the 
 47.1   ballot mailed to the voter.  The election official shall stamp 
 47.2   or mark on all replacement ballot return envelopes the words 
 47.3   "REPLACEMENT BALLOT" and shall maintain a record of all 
 47.4   replacement ballots issued. 
 47.5      Subd. 9.  [FORM OF REPLACEMENT MAIL BALLOT AFFIDAVIT.] The 
 47.6   replacement mail ballot affidavit must be as follows: 
 47.7               "REPLACEMENT MAIL BALLOT AFFIDAVIT OF 
 47.8               _____________________________________ 
 47.9                (print or type legal name of voter) 
 47.10              _____________________________________ 
 47.11                  (print or type legal address) 
 47.12  I certify that 
 47.13     - I am a resident and eligible voter in 
 47.14              _____________________________________ 
 47.15                 (name of township or territory) 
 47.16     - I am requesting a replacement ballot because I spoiled, 
 47.17  lost, or did not receive the ballot mailed to me; 
 47.18     - if I spoiled the ballot, I have returned the spoiled 
 47.19  ballot to the official who issued the ballot or it is enclosed 
 47.20  with this affidavit; 
 47.21     - if I receive both ballots or find the first ballot, I 
 47.22  will destroy the unused ballot and will vote only once; and 
 47.23     - I understand that voting twice is a felony punishable by 
 47.24  not more than five years imprisonment and a fine of not more 
 47.25  than $10,000, or both. 
 47.26   _____________   ____________________________ 
 47.27   (date)          (legal signature of voter)"
 47.28     Subd. 10.  [UNDELIVERABLE BALLOTS.] Ballots returned by the 
 47.29  post office as undeliverable to the voter at the address of 
 47.30  registration must be securely retained.  If the auditor, 
 47.31  municipal clerk, or school district clerk is able to verify the 
 47.32  voter's residence at that address, the ballot may be reissued.  
 47.33  A ballot undeliverable to the voter at the address of 
 47.34  registration must be considered a returned notice of 
 47.35  verification as provided in section 201.12, and the voter's 
 47.36  registration must be challenged.  The official conducting the 
 48.1   election shall maintain a record of all undeliverable ballots.  
 48.2      If the ballot is returned by the post office with 
 48.3   notification of the voter's new address within the county, 
 48.4   municipality, school district, or unorganized territory holding 
 48.5   the mail election, the auditor or clerk shall resend a ballot to 
 48.6   the voter along with a voter registration application, an 
 48.7   absentee ballot return envelope as provided in section 203.073, 
 48.8   subdivision 1, and a notice explaining the need and the 
 48.9   procedure to register at the voter's new address.  The auditor 
 48.10  or clerk shall keep a list of individuals who are sent the 
 48.11  second mailing and will provide a copy of that list to the 
 48.12  election judges for use in processing the returned ballots.  The 
 48.13  list of voters sent the second mailing will take the place of 
 48.14  the absentee ballot request form specified in section 203B.041. 
 48.15     Subd. 11.  [RETURNING BALLOTS.] Mail ballots may be 
 48.16  returned to the official conducting the election by mail, in 
 48.17  person, or by designated agent.  The official conducting the 
 48.18  election must accept ballots returned in person, or by 
 48.19  designated agent, until 8:00 p.m. on the day of the election.  
 48.20  An individual may not be the designated agent of more than three 
 48.21  voters in one election. 
 48.22     Subd. 12.  [POLLING PLACE AND ELECTION JUDGES.] The only 
 48.23  polling place required for mail balloting is the office of the 
 48.24  election official conducting the election.  The number of voting 
 48.25  stations set up in the office of the official conducting the 
 48.26  election must be sufficient to accommodate the number of voters 
 48.27  expected to vote in person on election day.  On election day, 
 48.28  the official conducting the election shall provide one or more 
 48.29  secure drop boxes where voters can deposit return envelopes 
 48.30  containing ballots.  The governing body of the jurisdiction 
 48.31  conducting the election shall designate a suitable location 
 48.32  where the election judges can meet on election day to receive 
 48.33  and count ballots.  The location must be open for public 
 48.34  observation of the counting of ballots.  The governing body of 
 48.35  the jurisdiction conducting the election shall appoint election 
 48.36  judges as provided in sections 204B.19 to 204B.21.  For state 
 49.1   elections, the county auditor shall appoint election judges for 
 49.2   mail ballot precincts and shall apportion the cost of the 
 49.3   election judges among the precincts voting by mail in that 
 49.4   election.  The county auditor may delegate the authority to 
 49.5   appoint election judges for precincts voting by mail in state 
 49.6   elections to the municipal clerk.  During the day of the 
 49.7   election at least two election judges must be present at the 
 49.8   office of the official conducting the election to accept mail 
 49.9   ballots delivered in person and to process persons registering 
 49.10  on election day.  Additional judges may be appointed as needed.  
 49.11  If the ballots are to be counted by hand and there are more than 
 49.12  two questions or one office to be voted on, at least one judge 
 49.13  must be appointed for the counting of ballots for every 500 
 49.14  persons from whom ballots are expected to be returned. 
 49.15     Subd. 13.  [RECEIVING AND COUNTING BALLOTS.] On or before 
 49.16  election day, the election judges shall receive from the county 
 49.17  auditor, municipal clerk, or school district clerk, returned 
 49.18  ballots, applications for absentee ballots, affidavits for 
 49.19  replacement ballots, and the list of voters sent a second 
 49.20  mailing of the ballot.  The judges shall arrange to receive from 
 49.21  the election official any additional ballots received in the 
 49.22  mail or returned by a voter prior to 8:00 p.m. on election day.  
 49.23  Ballots must be transported to the location where ballot 
 49.24  processing and counting will occur in a sealed transfer case by 
 49.25  two or more election judges.  During the receiving and counting 
 49.26  of ballots, the ballots must at all times remain in the custody 
 49.27  of two or more election judges.  
 49.28     Prior to 8:00 p.m. on election day, the election judges may 
 49.29  examine the return envelopes, mark them "accepted" or "rejected" 
 49.30  and remove the ballot envelopes from the "accepted" return 
 49.31  envelopes.  The election judges may check any list of registered 
 49.32  voters provided by the county auditor or contact the county 
 49.33  auditor to determine whether a witness who did not provide an 
 49.34  address is a registered voter and therefore an eligible voter.  
 49.35  The ballot envelopes must be placed unopened in a locked ballot 
 49.36  box or other sealed container.  At 8:00 p.m. on election day, 
 50.1   the election judges shall open the ballot box, remove the 
 50.2   ballots from the ballot envelopes, and count the ballots. 
 50.3      Subd. 14.  [CHALLENGES.] Challengers appointed under 
 50.4   section 204C.07 may be present while the election judges are 
 50.5   examining and accepting or rejecting the return envelopes.  
 50.6   Challenges must be made and determined as provided in section 
 50.7   204C.13, subdivision 6. 
 50.8      Subd. 15.  [COSTS.] The governing body authorizing mail 
 50.9   balloting shall pay the costs of the mailing.  Costs of mailing 
 50.10  include postage costs and the costs of printing required 
 50.11  envelopes, instructions, affidavits, and mailing labels.  Other 
 50.12  expenses must be paid as provided in section 204B.32. 
 50.13     Subd. 16.  [ALTERNATE FORMS.] The secretary of state may 
 50.14  authorize the alternate use of envelopes and other forms related 
 50.15  to mail elections. 
 50.16     Sec. 47.  Minnesota Statutes 2002, section 204C.06, 
 50.17  subdivision 2, is amended to read: 
 50.18     Subd. 2.  [INDIVIDUALS ALLOWED IN POLLING PLACE.] (a) 
 50.19  Representatives of the secretary of state's office, the county 
 50.20  auditor's office, and the municipal or school district clerk's 
 50.21  office may be present at the polling place to observe election 
 50.22  procedures.  Except for these representatives, election judges, 
 50.23  sergeants-at-arms, and challengers, an individual may remain 
 50.24  inside the polling place during voting hours only while voting 
 50.25  or registering to vote, completing a form pursuant to section 
 50.26  200.04, providing proof of residence for an individual who is 
 50.27  registering to vote, or assisting a handicapped voter or a voter 
 50.28  who is unable to read English.  During voting hours no one 
 50.29  except individuals receiving, marking, or depositing ballots 
 50.30  shall approach within six feet of a voting booth, unless 
 50.31  lawfully authorized to do so by an election judge.  
 50.32     (b) Teachers and elementary or secondary school students 
 50.33  participating in an educational activity authorized by section 
 50.34  204B.27, subdivision 7, may be present at the polling place 
 50.35  during voting hours. 
 50.36     Sec. 48.  Minnesota Statutes 2002, section 204C.10, is 
 51.1   amended to read: 
 51.2      204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
 51.3   REGISTRATION.] 
 51.4      (a) An individual seeking to vote shall sign a polling 
 51.5   place roster which states that the individual is at least 18 
 51.6   years of age, a citizen of the United States, has resided in 
 51.7   Minnesota for 20 days immediately preceding the 
 51.8   election, certifies maintains residence at the address shown, is 
 51.9   not under a guardianship of the person in which the individual 
 51.10  has not retained the right to vote, has not been found by a 
 51.11  court of law to be legally incompetent to vote or convicted of a 
 51.12  felony without having civil rights restored, is registered and 
 51.13  has not already voted in the election.  The roster must also 
 51.14  state:  "I understand that giving false information is a felony 
 51.15  punishable by not more than five years imprisonment and a fine 
 51.16  of not more than $10,000, or both."  
 51.17     (b) A judge may, before the applicant signs the roster, 
 51.18  confirm the applicant's name, address, and date of birth.  
 51.19     (c) After the applicant signs the roster, the judge shall 
 51.20  give the applicant a voter's receipt.  The voter shall deliver 
 51.21  the voter's receipt to the judge in charge of ballots as proof 
 51.22  of the voter's right to vote, and thereupon the judge shall hand 
 51.23  to the voter the ballot.  The voters' receipts must be 
 51.24  maintained during the time for notice of filing an election 
 51.25  contest.  
 51.26     Sec. 49.  Minnesota Statutes 2002, section 204C.24, 
 51.27  subdivision 1, is amended to read: 
 51.28     Subdivision 1.  [INFORMATION REQUIREMENTS.] Precinct 
 51.29  summary statements shall must be submitted by the election 
 51.30  judges in every precinct.  For state elections, the election 
 51.31  judges shall complete three or more copies of the summary 
 51.32  statements, and In a central counting center, the election 
 51.33  official in charge shall prepare the summary statements.  The 
 51.34  summary statement must state the name of the county; the name of 
 51.35  the municipality, school district, or special district; the 
 51.36  precinct name and code; offices; names of candidates; number of 
 52.1   persons registered at 7:00 a.m. on election day; number of 
 52.2   ballots counted; vote totals; and any other data required by the 
 52.3   secretary of state.  Each copy shall summary statement must 
 52.4   contain the following information for each kind of ballot:  
 52.5      (a) the number of votes each candidate received, including 
 52.6   write-in candidates for state or federal office who have 
 52.7   requested under section 204B.09 that votes for those candidates 
 52.8   be tallied, or the number of yes and no votes on each question, 
 52.9   the number of undervotes or partially blank ballots, and the 
 52.10  number of overvotes or partially defective ballots with respect 
 52.11  to each office or question; 
 52.12     (b) the number of totally blank ballots, the number of 
 52.13  totally defective ballots, the number of spoiled ballots, and 
 52.14  the number of unused ballots; 
 52.15     (c) the number of individuals who voted at the election in 
 52.16  the precinct; 
 52.17     (d) the number of voters registering on election day in 
 52.18  that precinct; and 
 52.19     (e) the number of regular absentee ballots; 
 52.20     (f) the number of military and overseas absentee ballots; 
 52.21     (g) the number of registered voters in the precinct as of 
 52.22  7:00 a.m. on election day; 
 52.23     (h) the number of ballots on hand as of 7:00 a.m., the 
 52.24  number of spoiled ballots, the number of unused ballots, the 
 52.25  number of ballots in the envelope marked "ballots for which 
 52.26  duplicates were made," and the number of ballots that were 
 52.27  printed at or delivered to the precinct during election day; and 
 52.28     (i) the signatures of the election judges who counted the 
 52.29  ballots certifying that all of the ballots cast were properly 
 52.30  piled, checked, and counted; and that the numbers entered by the 
 52.31  election judges on the summary statements correctly show the 
 52.32  number of votes cast for each candidate and for and against each 
 52.33  question.  The summary statement may be a computer printout, a 
 52.34  tape produced by a vote tabulator, or a form designated by the 
 52.35  secretary of state.  
 52.36     For state elections, the election judges shall complete 
 53.1   three or more copies of the summary statement.  At least two 
 53.2   copies of the summary statement must be prepared for elections 
 53.3   not held on the same day as the state elections.  The summary 
 53.4   statements must be certified to the official conducting the 
 53.5   election.  The official conducting the election shall prepare 
 53.6   one summary statement for each jurisdiction canvassing the 
 53.7   results of the election.  For state elections, the county 
 53.8   auditor shall forward a summary statement to the secretary of 
 53.9   state together with two copies of the county canvassing board 
 53.10  report.  The official conducting the election may authorize the 
 53.11  printing of copies of the summary statement for public 
 53.12  information purposes.  The official conducting the election 
 53.13  shall prepare copies of any additional forms required by the 
 53.14  secretary of state. 
 53.15     Authorized personnel in each county must enter data 
 53.16  contained on the summary statements into the election reporting 
 53.17  system for the purpose of state reporting of the election 
 53.18  results. 
 53.19     Sec. 50.  [204C.275] [INSPECTION OF POLLING PLACE ROSTERS.] 
 53.20     An individual who asks to inspect a polling place roster 
 53.21  used on election day must provide the county auditor with 
 53.22  identification and a written request stating the information 
 53.23  required by section 201.091, subdivision 4.  Before fulfilling 
 53.24  the request for inspection, the auditor must conceal the month 
 53.25  and day of birth of each person on the roster.  Before 
 53.26  fulfilling the request for inspection, the auditor must conceal 
 53.27  the address of any voter whose registration is under 
 53.28  court-ordered protection pursuant to section 201.091. 
 53.29     Sec. 51.  [204C.255] [PROCEDURES FOLLOWING CLOSE OF POLLS.] 
 53.30     Subdivision 1.  [BALLOTS NOT ISSUED, SECURED.] All ballots 
 53.31  that are not issued to voters must be secured for return to the 
 53.32  official in charge of the election for the election jurisdiction.
 53.33     Subd. 2.  [TOTAL NUMBER OF VOTERS.] The total number of 
 53.34  voters, determined pursuant to section 204C.20, subdivision 1, 
 53.35  must be entered on the summary statement. 
 53.36     Sec. 52.  [204C.305] [DISTRIBUTION OF SUMMARY STATEMENTS.] 
 54.1      The summary statements referred to in section 204C.... must 
 54.2   be certified to the official conducting the election.  The 
 54.3   official conducting the election shall prepare one summary 
 54.4   statement for each jurisdiction canvassing the results of the 
 54.5   election.  For state elections, the county auditor shall forward 
 54.6   a summary statement to the secretary of state together with two 
 54.7   copies of the county canvassing board report.  The official 
 54.8   conducting the election may authorize the printing of copies of 
 54.9   the summary statement for public information purposes.  The 
 54.10  official conducting the election shall prepare copies of any 
 54.11  additional forms required by the secretary of state. 
 54.12     Sec. 53.  [204C.245] [CERTIFICATE OF ELECTION JUDGES.] 
 54.13     The election judges shall sign a "certificate of election 
 54.14  judges."  The certificate must state:  
 54.15     (1) the number of persons voting as shown on the summary 
 54.16  statement; 
 54.17     (2) that the order of the offices and questions to be voted 
 54.18  on and the candidates' names on the ballots were the same as on 
 54.19  the sample ballot; 
 54.20     (3) the number of ballots being submitted for tabulation; 
 54.21     (4) that the ballots have been counted and agree with the 
 54.22  number of names as shown on the summary statement; 
 54.23     (5) the number of excess ballots, if any; 
 54.24     (6) that all ballots requiring duplication are in the 
 54.25  proper envelope; 
 54.26     (7) that all write-in votes have been properly recorded, if 
 54.27  this process was done on election night; 
 54.28     (8) that all ballots used in the election and all ballots 
 54.29  that have been or need to be duplicated have been placed in the 
 54.30  transfer case and that the case was securely sealed in such a 
 54.31  manner as to render it impossible to open the case without 
 54.32  breaking the seal; and 
 54.33     (9) the numbers of any seals used to seal the transfer case 
 54.34  or cases, boxes, or envelopes containing ballots. 
 54.35     Sec. 54.  [204C.125] [EMERGENCY VOTING CARD.] 
 54.36     If a voter who has registered prior to an election day is 
 55.1   challenged because the voter's name does not appear on the 
 55.2   polling place roster of the precinct in which the voter desires 
 55.3   to vote, the voter may register on that election day by 
 55.4   following the election day registration procedures in Minnesota 
 55.5   Rules, parts 8200.1100 to 8200.9300 and 8220.0325 to 8220.2850.  
 55.6   Or, if it appears upon examination that the voter's name was 
 55.7   erroneously omitted from the roster, the voter must be permitted 
 55.8   to vote in the precinct after completing the required name and 
 55.9   address information and signing the oath on the polling place 
 55.10  roster.  The judges shall note on the list that the voter was 
 55.11  permitted to vote pursuant to instructions from the county 
 55.12  auditor and two judges shall initial the entry.  A voter who 
 55.13  uses this procedure and is allowed to vote must not complain 
 55.14  under section 200.04 that the voter's name was not in the 
 55.15  computerized statewide registration list. 
 55.16     Sec. 55.  Minnesota Statutes 2002, section 204D.06, is 
 55.17  amended to read: 
 55.18     204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.] 
 55.19     At least 42 days before a state primary, the secretary of 
 55.20  state shall certify to the county auditors the names of all 
 55.21  candidates who have properly filed affidavits of candidacy with 
 55.22  the secretary of state and who will be voted for in their 
 55.23  respective counties at that primary.  The secretary of state may 
 55.24  comply with this requirement electronically. 
 55.25     Sec. 56.  Minnesota Statutes 2002, section 204D.23, 
 55.26  subdivision 4, is amended to read: 
 55.27     Subd. 4.  [FILING WITH THE SECRETARY OF STATE; 
 55.28  CERTIFICATION.] Within 24 hours after the filings have closed, 
 55.29  the secretary of state shall certify to the county auditors the 
 55.30  names of the candidates who have filed with the secretary of 
 55.31  state and who will be voted for in those counties at the special 
 55.32  primary.  The secretary of state may comply with this 
 55.33  requirement electronically. 
 55.34     Sec. 57.  [205.135] [ELECTION RESULTS REPORTING SYSTEM; 
 55.35  CANDIDATE FILING.] 
 55.36     Subdivision 1.  [EVEN-NUMBERED YEAR.] For regularly 
 56.1   scheduled municipal elections held in November of an 
 56.2   even-numbered year, the municipal clerk must provide the offices 
 56.3   and questions to be voted on in the municipality and the list of 
 56.4   candidates for each office to the county auditor for entry into 
 56.5   the election results reporting system provided by the secretary 
 56.6   of state no later than 54 days prior to the election.  The 
 56.7   county auditor may delegate the duty to enter the information 
 56.8   into the system to the municipal clerk.  
 56.9      Subd. 2.  [ODD-NUMBERED YEAR.] For regularly scheduled 
 56.10  municipal elections held in an odd-numbered year, the municipal 
 56.11  clerk or county auditor must enter the offices and questions to 
 56.12  be voted on in the municipality and the list of candidates for 
 56.13  each office into the election results reporting system no later 
 56.14  than 54 days prior to the election if the county auditor or 
 56.15  municipal clerk has notified the secretary of state of intent to 
 56.16  use the election results reporting system for the election. 
 56.17     Sec. 58.  [205.187] [ELECTION RESULTS REPORTING SYSTEM; 
 56.18  PRECINCT VOTES.] 
 56.19     For regularly scheduled municipal elections held in an 
 56.20  even-numbered year, the county auditor shall enter the votes in 
 56.21  each precinct for the questions and offices voted on in the 
 56.22  municipal election into the election results reporting system 
 56.23  provided by the secretary of state. 
 56.24     For regularly scheduled municipal elections held in an 
 56.25  odd-numbered year, the municipal clerk or county auditor must 
 56.26  enter the votes in each precinct for the offices and questions 
 56.27  voted on in the municipality into the election results reporting 
 56.28  system provided by the secretary of state. 
 56.29     Sec. 59.  [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 
 56.30  CANDIDATE FILING.] 
 56.31     Subdivision 1.  [EVEN-NUMBERED YEAR.] For regularly 
 56.32  scheduled school district elections held in an even-numbered 
 56.33  year, the school district clerk must provide the offices and 
 56.34  questions to be voted on in the school district and the list of 
 56.35  candidates for each office to the county auditor for entry into 
 56.36  the election results reporting system provided by the secretary 
 57.1   of state no later than 54 days prior to the election.  
 57.2      Subd. 2.  [ODD-NUMBERED YEAR.] For regularly scheduled 
 57.3   school district elections held in an odd-numbered year, the 
 57.4   school district clerk or county auditor must enter the offices 
 57.5   and questions to be voted on in the school district and the list 
 57.6   of candidates for each office into the election results 
 57.7   reporting system no later than 54 days prior to the election if 
 57.8   the county auditor or school district has notified the secretary 
 57.9   of state of intent to use the election results reporting system 
 57.10  for the election. 
 57.11     Sec. 60.  [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 
 57.12  PRECINCT VOTES.] 
 57.13     For regularly scheduled school district elections held in 
 57.14  an even-numbered year, the county auditor shall enter the votes 
 57.15  in each precinct for the questions and offices voted on in the 
 57.16  school district election into the election results reporting 
 57.17  system provided by the secretary of state.  
 57.18     For regularly scheduled school district elections held in 
 57.19  an odd-numbered year, the school district clerk or county 
 57.20  auditor must enter the votes in each precinct for the offices 
 57.21  and questions voted on in the school district into the election 
 57.22  results reporting system if the county auditor or municipal 
 57.23  clerk has notified the secretary of state of intent to use the 
 57.24  election results reporting system for the election. 
 57.25     Sec. 61.  Minnesota Statutes 2002, section 204C.13, is 
 57.26  amended by adding a subdivision to read: 
 57.27     Subd. 8.  [SPOILED BALLOTS.] If a voter spoils a ballot by 
 57.28  inadvertently defacing it or requests a new ballot, the voter 
 57.29  shall hand the ballot to the election judge.  The election judge 
 57.30  may only look at the portion of the ballot containing precinct 
 57.31  information in order to determine what style of replacement 
 57.32  ballot to give the voter.  The election judge shall place the 
 57.33  ballot in the spoiled ballot envelope and give the voter another 
 57.34  ballot. 
 57.35     Sec. 62.  Minnesota Statutes 2002, section 206.64, 
 57.36  subdivision 1, is amended to read: 
 58.1      Subdivision 1.  [GENERAL PROVISIONS FOR ELECTRONIC SYSTEM 
 58.2   VOTING.] Each electronic voting system booth must be placed and 
 58.3   protected so that it is accessible to only one voter at a time 
 58.4   and is in full view of all the election judges and challengers 
 58.5   at the polling place.  The election judges shall admit one 
 58.6   individual at a time to each booth after determining that the 
 58.7   individual is eligible to vote.  Voting by electronic voting 
 58.8   system must be secret, except for voters who need assistance.  A 
 58.9   voter may remain inside the voting booth for three minutes a 
 58.10  reasonable time.  A voter who refuses to leave the voting booth 
 58.11  after three minutes a reasonable time must be removed by the 
 58.12  election judges.  In no case may the time limit be construed to 
 58.13  be less than three minutes.  No time limit applies to a voter 
 58.14  using assistive voting technology. 
 58.15     Sec. 63.  [REPEALER.] 
 58.16     (a) Minnesota Statutes 2002, section 203B.02, subdivision 
 58.17  1a, is repealed. 
 58.18     (b) Minnesota Rules, parts 8200.1200; 8200.2600; 8200.2700; 
 58.19  8200.2900; 8200.3550; 8200.3600; 8200.3700; 8200.3800; 
 58.20  8200.3900; 8200.6200; 8200.9120; 8200.9315; 8200.9320; 
 58.21  8210.0200; 8210.0225; 8210.0500; 8210.0600; 8210.0700; 
 58.22  8210.0800; 8210.2300; and 8210.2400, are repealed. 
 58.23     Sec. 64.  [EFFECTIVE DATE.] 
 58.24     This act is effective the day following final enactment.