1.1 	A bill for an act
1.2 	relating to elections; changing certain election administration provisions;
1.3 	amending Minnesota Statutes 2008, sections 201.016, subdivision 1a; 201.056; 
1.4 	201.061, subdivision 1; 201.11; 201.12; 201.13; 202A.14, subdivision 
1.5 	3; 203B.02, by adding a subdivision; 204B.09, subdivision 3; 204B.14, 
1.6 	subdivisions 2, 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18, 
1.7 	subdivision 1; 204B.27, subdivision 2; 204B.33; 204B.38; 204B.40; 204C.02; 
1.8 	204C.06, subdivision 1; 204C.08, subdivisions 1a, 3; 204C.13, subdivision 2; 
1.9 	204C.15, subdivision 1; 204C.17; 204C.30, by adding a subdivision; 204C.33, 
1.10 	subdivision 1; 204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 
1.11 	204D.28, subdivision 5; 205.065, subdivision 2; 205.13, subdivisions 1, 2; 
1.12 	205.16, subdivisions 2, 3; 205A.03, subdivision 1; 205A.05, subdivisions 1, 2; 
1.13 	205A.07, subdivision 2; 206.57, subdivision 6; 206.61, subdivision 5; 211A.02, 
1.14 	subdivisions 1, 2; 211A.05, subdivision 2; 211B.11, by adding a subdivision; 
1.15 	211B.12; 412.02, subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 
1.16 	414.0325, subdivision 4; 414.033, subdivision 7; proposing coding for new law 
1.17 	in Minnesota Statutes, chapters 204B; 204D; 205; 205A; repealing Minnesota 
1.18 	Statutes 2008, sections 201.096; 206.805, subdivision 2.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to 
1.21 	read:
1.22 		Subd. 1a.Violations; penalty. (a) The county auditor shall mail a ~~violation~~ notice 
1.23 	to any voter who the county auditor can determine has unintentionally voted in a precinct 
1.24 	other than the precinct in which the voter maintains residence. The notice must be in the 
1.25 	form provided by the secretary of state. 
1.26 	(b) The county auditor shall mail a violation notice to any voter who intentionally 
1.27 	voted in a precinct in which the voter did not maintain residence on election day. The 
1.28 	county auditor shall also change the status of the voter in the statewide registration system 
1.29 	to "challenged" and the voter shall be required to provide proof of residence to either the 
1.30 	county auditor or to the election judges in the voter's precinct before voting in the next 
2.1 	election. Any of the forms authorized by section 201.061 for registration at the polling 
2.2 	place may be used for this purpose.  
2.3 	~~(b)~~ (c) A voter who intentionally votes in a precinct other than the precinct in which 
2.4 	the voter maintains residence after receiving an initial violation notice as provided in this 
2.5 	subdivision is guilty of a petty misdemeanor.
2.6 	~~(c)~~ (d) A voter who intentionally votes in a precinct other than the precinct in 
2.7 	which the voter maintains residence after having been found to have committed a petty 
2.8 	misdemeanor under paragraph (b) is guilty of a misdemeanor.
2.9 	~~(d)~~ (e) Reliance by the voter on inaccurate information regarding the location of 
2.10 	the voter's polling place provided by the state, county, or municipality is an affirmative 
2.11 	defense to a prosecution under this subdivision.

2.12 	Sec. 2. Minnesota Statutes 2008, section 201.056, is amended to read:
2.13 	201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. 
2.14 	An individual who is unable to write the individual's name shall be required to sign 
2.15 	a registration application in the manner provided by section 645.44, subdivision 14. If 
2.16 	the individual registers in person and signs by making a mark, the clerk or election judge 
2.17 	accepting the registration shall certify the mark by signing the individual's name. If the 
2.18 	individual registers by mail and signs by making a mark, the mark shall be certified by 
2.19 	having a voter registered in the individual's precinct sign the individual's name and the 
2.20 	voter's own name and give the voter's own address. An individual who has power of 
2.21 	attorney for another person may not sign election-related documents for that person, 
2.22 	except as provided by this section.

2.23 	Sec. 3. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
2.24 		Subdivision 1.Prior to election day. At any time except during the 20 days 
2.25 	immediately preceding any regularly scheduled election, an eligible voter or any 
2.26 	individual who will be an eligible voter at the time of the next election may register to vote 
2.27 	in the precinct in which the voter maintains residence by completing a voter registration 
2.28 	application as described in section 201.071, subdivision 1, and submitting it in person 
2.29 	or by mail to the county auditor of that county or to the Secretary of State's Office. 
2.30 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
2.31 	election shall be accepted. An improperly addressed or delivered registration application 
2.32 	shall be forwarded within two working days after receipt to the county auditor of the 
2.33 	county where the voter maintains residence. A state or local agency or an individual that 
2.34 	accepts completed voter registration applications from a voter must submit the completed 
3.1 	applications to the secretary of state or the appropriate county auditor within ten business 
3.2 	days after the applications are dated by the voter. 
3.3 	For purposes of this section, mail registration is defined as a voter registration 
3.4 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
3.5 	United States Postal Service or a commercial carrier.

3.6 	Sec. 4. Minnesota Statutes 2008, section 201.11, is amended to read:
3.7 	201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET 
3.8 	ADDRESSES CHANGED, CHANGE OF FILES.
3.9 		Subdivision 1.Precinct boundaries changed. When the boundaries of a precinct 
3.10 	are changed, the county auditor shall immediately update the voter records for that 
3.11 	precinct in the statewide voter registration system to accurately reflect those changes.
3.12 		Subd. 2.House number or street address changed. If a municipality 
3.13 	administratively changes the number or name of a street address of an existing residence, 
3.14 	the municipal clerk shall promptly notify the county auditor and the county auditor 
3.15 	shall immediately update the voter records of registered voters in the statewide voter 
3.16 	registration system to accurately reflect that change. A municipality must not make a 
3.17 	change to the number or name of a street address of an existing residence effective during 
3.18 	the 45 days prior to any election in a jurisdiction which includes the affected residence.

3.19 	Sec. 5. Minnesota Statutes 2008, section 201.12, is amended to read:
3.20 	201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 
3.21 	CHALLENGES. 
3.22 		Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 
3.23 	excess names, the county auditor may mail to any registered voter a notice stating the 
3.24 	voter's name and address as they appear in the registration files. The notice shall request 
3.25 	the voter to notify the county auditor if there is any mistake in the information. 
3.26 		Subd. 2. Moved within state. If any nonforwardable mailing from an election 
3.27 	official is returned as undeliverable but with a permanent forwarding address in this state, 
3.28 	the county auditor may change the voter's status to "inactive" in the statewide registration 
3.29 	system and shall ~~notify~~ transmit a copy of the mailing to the auditor of the county in which 
3.30 	the new address is located. ~~Upon receipt of the notice,~~ If an election is scheduled to occur 
3.31 	in the precinct in which the voter resides in the next 47 days, the county auditor shall 
3.32 	promptly update the voter's address in the statewide voter registration system ~~and~~. If there 
3.33 	is not an election scheduled, the auditor may wait to update the voter's address until after 
3.34 	the next list of address changes is received from the secretary of state. Once updated, the 
4.1 	county auditor shall mail to the voter a notice stating the voter's name, address, precinct, 
4.2 	and polling place. The notice must advise the voter that the voter's voting address has 
4.3 	been changed and that the voter must notify the county auditor within 21 days if the 
4.4 	new address is not the voter's address of residence. The notice must state that it must be 
4.5 	returned if it is not deliverable to the voter at the named address. 
4.6 		Subd. 3. Moved out of state. If any nonforwardable mailing from an election 
4.7 	official is returned as undeliverable but with a permanent forwarding address outside this 
4.8 	state, the county auditor shall promptly mail to the voter at the voter's new address a notice 
4.9 	advising the voter that the voter's status in the statewide voter registration system will be 
4.10 	changed to "inactive" unless the voter notifies the county auditor within 21 days that the 
4.11 	voter is retaining the former address as the voter's address of residence. If the notice is 
4.12 	not received by the deadline, ~~the county auditor shall change~~ the voter's status shall be 
4.13 	changed to "inactive" in the statewide voter registration system. 
4.14 		Subd. 4. Challenges. If any nonforwardable mailing from an election official 
4.15 	is returned as undeliverable but with no forwarding address, the county auditor shall 
4.16 	change the registrant's status to "challenged" in the statewide voter registration system. 
4.17 	An individual challenged in accordance with this subdivision shall comply with the 
4.18 	provisions of section 204C.12, before being allowed to vote. If a notice mailed at least 
4.19 	60 days after the return of the first nonforwardable mailing is also returned by the postal 
4.20 	service, the county auditor shall change the registrant's status to "inactive" in the statewide 
4.21 	voter registration system. 

4.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.23 	Sec. 6. Minnesota Statutes 2008, section 201.13, is amended to read:
4.24 	201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER 
4.25 	RECORDS.
4.26 		Subdivision 1.Commissioner of health; reports of deceased residents. Pursuant 
4.27 	to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health 
4.28 	shall report monthly by electronic means to the secretary of state the name, address, date 
4.29 	of birth, and county of residence of each individual 18 years of age or older who has died 
4.30 	while maintaining residence in Minnesota since the last previous report. The secretary of 
4.31 	state shall determine if any of the persons listed in the report are registered to vote and 
4.32 	shall prepare a list of those registrants for each county auditor. Within 60 days after 
4.33 	receiving the list from the secretary of state, the county auditor shall change the status of 
4.34 	those registrants to "deceased" in the statewide voter registration system.
5.1 		Subd. 2.Deceased nonresidents. After receiving notice of death of a voter who has 
5.2 	died outside the county, the county auditor shall change the voter's status to "deceased." 
5.3 	Notice must be in the form of a printed obituary or a written statement signed by a 
5.4 	registered voter ~~of the county~~.
5.5 		Subd. 3. Use of change of address system. (a) At least once each month the 
5.6 	secretary of state shall obtain a list of individuals registered to vote in this state who have 
5.7 	filed with the United States Postal Service a change of their permanent address. However, 
5.8 	the secretary of state shall not obtain this list within the 47 days before the state primary or 
5.9 	47 days before a November general election.
5.10 	(b) If the address is changed to another address in this state, the secretary of state 
5.11 	shall locate the precinct in which the voter resides, if possible. If the secretary of state 
5.12 	is able to locate the precinct in which the voter resides, the secretary must transmit the 
5.13 	information about the changed address by electronic means to the county auditor of the 
5.14 	county in which the new address is located. As long as the voter has not voted or submitted 
5.15 	a voter registration application since the address change, upon receipt of the information, 
5.16 	the county auditor shall update the voter's address in the statewide voter registration 
5.17 	system ~~and~~. The county auditor shall mail to the voter a notice stating the voter's name, 
5.18 	address, precinct, and polling place, unless the voter's record is challenged due to a felony 
5.19 	conviction, noncitizenship, name change, incompetence, or a court's revocation of voting 
5.20 	rights of individuals under guardianship, in which case a notice shall not be mailed. The 
5.21 	notice must advise the voter that the voter's voting address has been changed and that the 
5.22 	voter must notify the county auditor within 21 days if the new address is not the voter's 
5.23 	address of residence. The notice must state that it must be returned if it is not deliverable 
5.24 	to the voter at the named address. 
5.25 	~~(b)~~ (c) If the change of permanent address is to an address outside this state, the 
5.26 	secretary of state shall notify by electronic means the auditor of the county where the voter 
5.27 	formerly resided that the voter has moved to another state. As long as the voter has not 
5.28 	voted or submitted a voter registration application since the address change, the county 
5.29 	auditor shall promptly mail to the voter at the voter's new address a notice advising the 
5.30 	voter that the voter's status in the statewide voter registration system will be changed 
5.31 	to "inactive" unless the voter notifies the county auditor within 21 days that the voter 
5.32 	is retaining the former address as the voter's address of residence, except that if the 
5.33 	voter's record is challenged due to a felony conviction, noncitizenship, name change, 
5.34 	incompetence, or a court's revocation of voting rights of individuals under guardianship, a 
5.35 	notice must not be mailed. If the notice is not received by the deadline, the county auditor 
5.36 	shall change the voter's status to "inactive" in the statewide voter registration system. 
6.1 		Subd. 4.Request for removal of voter record. If a voter makes a written request 
6.2 	for removal of the voter's record, the county auditor shall remove the record of the voter 
6.3 	from the statewide voter registration system.

6.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.5 	Sec. 7. Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read:
6.6 		Subd. 3.Notice. The county or legislative district chair shall give at least six days' 
6.7 	published notice of the holding of the precinct caucus, stating the place, date, and time for 
6.8 	holding the caucus~~, and~~. The state party chair shall deliver the same information to the 
6.9 	~~municipal clerk and county auditor~~ secretary of state in an electronic format designated 
6.10 	by the secretary of state at least ~~20~~ 30 days before the precinct caucus. The ~~county~~ 
6.11 	~~auditor~~ secretary of state shall make this information available in electronic format via 
6.12 	the secretary of state Web site at least ten days before the date of the caucuses ~~to persons~~ 
6.13 	~~who request it~~.

6.14 	Sec. 8. Minnesota Statutes 2008, section 203B.02, is amended by adding a subdivision 
6.15 	to read:
6.16 		Subd. 4.Persons who cannot write; power of attorney. An individual who is 
6.17 	unable to write the individual's name is required to sign election-related documents in 
6.18 	the manner provided by section 645.44, subdivision 14. An individual who has power 
6.19 	of attorney for another person may not sign election-related documents for that person, 
6.20 	except as provided by this section.

6.21 	Sec. 9. Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read:
6.22 		Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 
6.23 	who wants write-in votes for the candidate to be counted must file a written request with 
6.24 	the filing office for the office sought no later than the seventh day before the general 
6.25 	election. The filing officer shall provide copies of the form to make the request. 
6.26 	(b) A candidate for president of the United States who files a request under this 
6.27 	subdivision must include the name of a candidate for vice-president of the United States. 
6.28 	The request must also include the name of at least one candidate for presidential elector. 
6.29 	The total number of names of candidates for presidential elector on the request may not 
6.30 	exceed the total number of electoral votes to be cast by Minnesota in the presidential 
6.31 	election. 
6.32 	(c) A candidate for governor who files a request under this subdivision must include 
6.33 	the name of a candidate for lieutenant governor. 
7.1 	(d) A candidate who files a request under this subdivision must also pay the filing 
7.2 	fee for that office or submit a petition in place of a filing fee, as provided in section 
7.3 	204B.11. The fee for a candidate for president of the United States is equal to that of 
7.4 	the office of senator in Congress.

7.5 	Sec. 10. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:
7.6 		Subd. 2.Separate precincts; combined polling place. (a) The following shall 
7.7 	constitute at least one election precinct:
7.8 	(1) each city ward; and
7.9 	(2) each town and each statutory city.
7.10 	(b) No precinct may have more than 3,500 registered voters as of March 1 of each 
7.11 	even-numbered year.
7.12 	(c) A single, accessible, combined polling place may be established no later than 
7.13 	June 1 of any year:
7.14 	(1) for any city of the third or fourth class, any town, or any city having territory in 
7.15 	more than one county, in which all the voters of the city or town shall cast their ballots;
7.16 	(2) for two contiguous precincts in the same municipality that have a combined 
7.17 	total of fewer than 500 registered voters;
7.18 	(3) for up to four contiguous municipalities located entirely outside the metropolitan 
7.19 	area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
7.20 	(4) for noncontiguous precincts located in one or more counties.
7.21 	A copy of the ordinance or resolution establishing a combined polling place must 
7.22 	be filed with the county auditor within 30 days after approval by the governing body. A 
7.23 	polling place combined under clause (3) must be approved by the governing body of each 
7.24 	participating municipality. A polling place combined under clause (4) must be approved 
7.25 	by the governing body of each participating municipality and the secretary of state and 
7.26 	may be located outside any of the noncontiguous precincts. A municipality withdrawing 
7.27 	from participation in a combined polling place must do so by filing a resolution of 
7.28 	withdrawal with the county auditor no later than May 1 of any year.
7.29 	The secretary of state shall provide a separate polling place roster for each precinct 
7.30 	served by the combined polling place. A single set of election judges may be appointed 
7.31 	to serve at a combined polling place. The number of election judges required must be 
7.32 	based on the total number of persons voting at the last similar election in all precincts to 
7.33 	be voting at the combined polling place. Separate ballot boxes must be provided for the 
7.34 	ballots from each precinct. The results of the election must be reported separately for each 
7.35 	precinct served by the combined polling place, except in a polling place established under 
8.1 	clause (2) where one of the precincts has fewer than ten registered voters, in which case the 
8.2 	results of that precinct must be reported in the manner specified by the secretary of state.

8.3 	EFFECTIVE DATE. This section is effective for precincts established after 
8.4 	redistricting following the 2010 federal census.

8.5 	Sec. 11. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
8.6 		Subd. 4.Administrative boundary change procedure. Any change in the 
8.7 	boundary of an election precinct ~~shall~~ must be adopted at least 90 days before the date 
8.8 	of the next election and, for the state primary and general election, no later than June 1 
8.9 	in the year of the state general election. The precinct boundary change shall not take 
8.10 	effect until notice of the change has been posted in the office of the municipal clerk or 
8.11 	county auditor for at least 60 days.
8.12 	The county auditor must publish a notice illustrating or describing the congressional, 
8.13 	legislative, and county commissioner district boundaries in the county in one or more 
8.14 	qualified newspapers in the county at least 14 days prior to the first day to file affidavits of 
8.15 	candidacy for the state general election in the year ending in two.
8.16 	Alternate dates for adopting changes in precinct boundaries, posting notices 
8.17 	of boundary changes, and notifying voters affected by boundary changes pursuant 
8.18 	to this subdivision, and procedures for coordinating precinct boundary changes with 
8.19 	reestablishing local government election district boundaries may be established in the 
8.20 	manner provided in the rules of the secretary of state.

8.21 	Sec. 12. Minnesota Statutes 2008, section 204B.14, is amended by adding a 
8.22 	subdivision to read:
8.23 		Subd. 4a.Municipal boundary adjustment procedure. Any change in the 
8.24 	boundary of an election precinct that has occurred as a result of a municipal boundary 
8.25 	adjustment made pursuant to chapter 414 which is effective more than 21 days preceding 
8.26 	any scheduled election shall take effect at the scheduled election.
8.27 	Any change in the boundary of an election precinct that has occurred as a result of 
8.28 	a municipal boundary adjustment made pursuant to chapter 414 which is effective less 
8.29 	than 21 days preceding any scheduled election shall not take effect until the day after the 
8.30 	scheduled election.

8.31 	Sec. 13. Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:
8.32 		Subdivision 1. Authority; location. The governing body of each municipality and 
8.33 	of each county with precincts in unorganized territory shall designate by ordinance or 
9.1 	resolution a polling place for each election precinct. Polling places must be designated and 
9.2 	ballots must be distributed so that no one is required to go to more than one polling place 
9.3 	to vote in a school district and municipal election held on the same day. The polling place 
9.4 	for a precinct in a city ~~or in a school district located in whole or in part in the metropolitan~~ 
9.5 	~~area defined by section 200.02, subdivision 24,~~ shall be located within the boundaries of 
9.6 	the precinct or within one mile of one of those boundaries unless a single polling place 
9.7 	is designated for a city pursuant to section 204B.14, subdivision 2, or a school district 
9.8 	pursuant to section 205A.11. The polling place for a precinct in unorganized territory may 
9.9 	be located outside the precinct at a place which is convenient to the voters of the precinct. 
9.10 	If no suitable place is available within a town or within a school district located outside 
9.11 	the metropolitan area defined by section 200.02, subdivision 24, then the polling place for 
9.12 	a town or school district may be located outside the town or school district within five 
9.13 	miles of one of the boundaries of the town or school district. 

9.14 	EFFECTIVE DATE. This section is effective June 1, 2010.

9.15 	Sec. 14. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
9.16 		Subdivision 1.Booths; voting stations. Each polling place must contain a number 
9.17 	of voting booths or voting stations in proportion to the number of individuals eligible 
9.18 	to vote in the precinct. Each booth or station must be at least six feet high, three feet 
9.19 	deep and two feet wide with a shelf at least two feet long and one foot wide placed at a 
9.20 	convenient height for writing. The booth or station shall permit the voter to vote privately 
9.21 	and independently. Each polling place must have at least one accessible voting booth 
9.22 	or other accessible voting station and beginning with federal and state elections held 
9.23 	after December 31, 2005, and county, municipal, and school district elections held after 
9.24 	December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help 
9.25 	America Vote Act, Public Law 107-252. Local officials must make accessible voting 
9.26 	stations purchased with funds provided from the Help America Vote Act account available 
9.27 	to other local jurisdictions holding stand-alone elections. Local officials who purchased 
9.28 	the equipment may charge the other local jurisdictions for the costs of programming the 
9.29 	equipment, as well as a prorated cost of maintenance on the equipment. All booths or 
9.30 	stations must be constructed so that a voter is free from observation while marking ballots. 
9.31 	During the hours of voting, the booths or stations must have instructions, a pencil, and 
9.32 	other supplies needed to mark the ballots. A chair must be provided for elderly voters 
9.33 	and voters with disabilities to use while voting or waiting to vote. Stable flat writing 
9.34 	surfaces must also be made available to voters who are completing election-related forms. 
10.1 	All ballot boxes, voting booths, voting stations, and election judges must be in open 
10.2 	public view in the polling place.

10.3 	Sec. 15. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
10.4 		Subd. 2.Election law and instructions. The secretary of state shall prepare and 
10.5 	publish a volume containing all state general laws relating to elections. The attorney 
10.6 	general shall provide annotations to the secretary of state for this volume. On or before 
10.7 	~~July~~ August 1 of every ~~even-numbered~~ odd-numbered year the secretary of state shall 
10.8 	furnish to the county auditors and municipal clerks enough copies of this volume so that 
10.9 	each county auditor and municipal clerk will have at least one copy. On or before July 1 
10.10 	of every even-numbered year, the secretary of state shall prepare and make an electronic 
10.11 	copy available on the office's Web site. The secretary of state may prepare and transmit 
10.12 	to the county auditors and municipal clerks detailed written instructions for complying 
10.13 	with election laws relating to the conduct of elections, conduct of voter registration and 
10.14 	voting procedures.

10.15 	Sec. 16. Minnesota Statutes 2008, section 204B.33, is amended to read:
10.16 	204B.33 NOTICE OF FILING.
10.17 	(a) Between June 1 and July 1 in each even-numbered year, the secretary of state 
10.18 	shall notify each county auditor of the offices to be voted for in that county at the next 
10.19 	state general election for which candidates file with the secretary of state. The notice shall 
10.20 	include the time and place of filing for those offices. Within ten days after notification by 
10.21 	the secretary of state, each county auditor shall notify each municipal clerk in the county 
10.22 	of all the offices to be voted for in the county at that election and the time and place for 
10.23 	filing for those offices. The county auditors and municipal clerks shall promptly either
10.24 	post a copy of that notice in their offices or post a notice of the offices that will be on the 
10.25 	ballot on their Web site.
10.26 	(b) At least two weeks before the first day to file an affidavit of candidacy, the 
10.27 	county auditor shall publish a notice stating the first and last dates on which affidavits of 
10.28 	candidacy may be filed in the county auditor's office and the closing time for filing on the 
10.29 	last day for filing. The county auditor shall post a similar notice at least ten days before 
10.30 	the first day to file affidavits of candidacy.

10.31 	Sec. 17. [204B.335] ELECTION RESULTS REPORTING SYSTEM; 
10.32 	CANDIDATE FILING.
11.1 	For state primary and general elections, the county auditor must enter the offices 
11.2 	and questions to be voted on in the county and the list of candidates for each office into 
11.3 	the election results reporting system provided by the secretary of state no later than 46 
11.4 	days prior to the election.

11.5 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
11.6 	certified that the election reporting system has been tested and shown to properly allow 
11.7 	for the entry of candidate names and for election results to be uploaded, and to be able to 
11.8 	handle the expected volume of use.

11.9 	Sec. 18. Minnesota Statutes 2008, section 204B.38, is amended to read:
11.10 	204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
11.11 	When the similarity of surnames of two or more candidates for the same office 
11.12 	at the same election may cause confusion to voters because the candidates also have 
11.13 	identical first names, up to three additional words may be printed on the ballot after each 
11.14 	surname to indicate the candidate's occupation, office, residence or any combination 
11.15 	of them if the candidate furnishes the identifying words to the filing officer by the last 
11.16 	day for withdrawal of candidacy.

11.17 	Sec. 19. Minnesota Statutes 2008, section 204B.40, is amended to read:
11.18 	204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 
11.19 	DISPOSITION; INSPECTION OF BALLOTS.
11.20 	The county auditors, municipal clerks, and school district clerks shall retain all 
11.21 	election materials returned to them after any election for at least 22 months from the date 
11.22 	of that election. All election materials involved in a contested election must be retained for 
11.23 	22 months or until the contest has been finally determined, whichever is later. Abstracts 
11.24 	filed by canvassing boards shall be retained permanently by any officer with whom those 
11.25 	abstracts are filed. Election materials no longer required to be retained pursuant to this 
11.26 	section shall be disposed of in accordance with sections 138.163 to 138.21. Sealed 
11.27 	envelopes containing voted ballots must be retained unopened, except as provided in this 
11.28 	section, in a secure location. The county auditor, municipal clerk, or school district clerk 
11.29 	shall not permit any voted ballots to be tampered with or defaced. 
11.30 	After the time for filing a notice of contest for an election has passed, the secretary 
11.31 	of state may, for the purpose of monitoring and evaluating election procedures: (1) 
11.32 	open the sealed ballot envelopes and inspect the ballots for that election maintained by 
11.33 	the county auditors, municipal clerks, or school district clerks; (2) inspect the polling 
12.1 	place rosters and completed voter registration applications; or (3) examine other forms 
12.2 	required in the Minnesota election laws for use in the polling place. No inspected ballot or 
12.3 	document may be marked or identified in any manner. After inspection, all ballots must be 
12.4 	returned to the ballot envelope and the ballot envelope must be securely resealed. Any 
12.5 	other election materials inspected or examined must be secured or resealed. No polling 
12.6 	place roster may be inspected until the voting history for that precinct has been posted. 
12.7 	No voter registration application may be inspected ~~until the information on it has been~~ 
12.8 	~~entered into the statewide registration system~~.

12.9 	Sec. 20. Minnesota Statutes 2008, section 204C.02, is amended to read:
12.10 	204C.02 APPLICATION.
12.11 	This chapter applies to all elections held in this state except as otherwise provided 
12.12 	by law.
12.13 	An individual who is unable to write the individual's name shall be required to sign 
12.14 	election-related documents in the manner provided by section 645.44, subdivision 14. An 
12.15 	individual who has power of attorney for another person may not sign election-related 
12.16 	documents for that person, except as provided by this section.

12.17 	Sec. 21. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
12.18 		Subdivision 1. Lingering near polling place. An individual shall be allowed to go 
12.19 	to and from the polling place for the purpose of voting without unlawful interference. No 
12.20 	one except an election official or an individual who is waiting to register or to vote or a 
12.21 	representative of the press or an academic institution who is conducting exit polling shall 
12.22 	stand within 100 feet of the building in which a polling place is located. "Exit polling" is 
12.23 	defined as approaching voters in a predetermined pattern as they leave the polling place 
12.24 	after they have voted and asking voters to fill out an anonymous questionnaire.

12.25 	Sec. 22. Minnesota Statutes 2008, section 204C.08, subdivision 1a, is amended to read:
12.26 		Subd. 1a.Voter's Bill of Rights. The county auditor shall prepare and provide to 
12.27 	each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set 
12.28 	forth in this section. Before the hours of voting are scheduled to begin, the election judges 
12.29 	shall post it in a conspicuous location or locations in the polling place. The Voter's Bill 
12.30 	of Rights is as follows:
12.31 	"VOTER'S BILL OF RIGHTS
12.32 	For all persons residing in this state who meet federal voting eligibility requirements:
13.1 	(1) You have the right to be absent from work for the purpose of voting without 
13.2 	reduction to your pay, personal leave, or vacation time during the morning of election day.
13.3 	(2) If you are in line at your polling place any time ~~between 7:00 a.m. and~~ before
13.4 	8:00 p.m., you have the right to vote.
13.5 	(3) If you can provide the required proof of residence, you have the right to register 
13.6 	to vote and to vote on election day.
13.7 	(4) If you are unable to sign your name, you have the right to orally confirm your 
13.8 	identity with an election judge and to direct another person to sign your name for you.
13.9 	(5) You have the right to request special assistance when voting.
13.10 	(6) If you need assistance, you may be accompanied into the voting booth by a 
13.11 	person of your choice, except by an agent of your employer or union or a candidate.
13.12 	(7) You have the right to bring your minor children into the polling place and into 
13.13 	the voting booth with you.
13.14 	(8) If you have been convicted of a felony but your felony sentence has expired (been 
13.15 	completed) or you have been discharged from your sentence, you have the right to vote.
13.16 	(9) If you are under a guardianship, you have the right to vote, unless the court 
13.17 	order revokes your right to vote.
13.18 	(10) You have the right to vote without anyone in the polling place trying to 
13.19 	influence your vote.
13.20 	(11) If you make a mistake or spoil your ballot before it is submitted, you have the 
13.21 	right to receive a replacement ballot and vote.
13.22 	(12) You have the right to file a written complaint at your polling place if you are 
13.23 	dissatisfied with the way an election is being run.
13.24 	(13) You have the right to take a sample ballot into the voting booth with you.
13.25 	(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 
13.26 	booth with you."

13.27 	EFFECTIVE DATE. This section is effective for the state primary in 2010 and 
13.28 	thereafter.

13.29 	Sec. 23. Minnesota Statutes 2008, section 204C.08, subdivision 3, is amended to read:
13.30 		Subd. 3.Locking of ballot boxes. Immediately before the time when voting is 
13.31 	scheduled to begin, one of the election judges shall open the ballot boxes in the presence 
13.32 	of the individuals assembled at the polling place, turn the boxes upside down to empty 
13.33 	them, lock them, and deliver the key to another election judge. Except as provided by 
13.34 	this subdivision, the boxes shall not be reopened ~~except to count the ballots~~ until after 
13.35 	the hours for voting have ended and all voting has been concluded. The boxes shall be 
14.1 	kept in public view at all times during voting hours. After locking the ballot boxes, the 
14.2 	election judges shall proclaim that voting may begin, and shall post outside the polling 
14.3 	place conspicuous written or printed notices of the time when voting is scheduled to end.
14.4 	Notwithstanding Minnesota Rules, part 8230.4365, subpart 5, two election judges 
14.5 	of different major political parties may open the ballot boxes as needed to straighten the 
14.6 	ballots or remove voted ballots to prevent the boxes from becoming overfull. The election 
14.7 	judges shall not count or inspect the ballots.
14.8 	If removing the ballots from the box, the election judges shall put the ballots into 
14.9 	containers and seal them. The judges shall put any ballots taken from the ballot box's 
14.10 	write-in compartment into containers separate from the other ballots and seal them. The 
14.11 	judges shall label the ballot containers and secure them.
14.12 	The judges shall note on the incident report that the ballot box was opened, the 
14.13 	time the box was opened, and, if ballots were removed, the number of any seals used to 
14.14 	seal the ballot containers.

14.15 	Sec. 24. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
14.16 		Subd. 2.Voting booths. One of the election judges shall explain to the voter the 
14.17 	proper method of marking and folding the ballots and, during a primary election, the effect 
14.18 	of attempting to vote in more than one party's primary. Except as otherwise provided in 
14.19 	section 204C.15, the voter shall retire alone to an unoccupied voting booth ~~and~~or, at the 
14.20 	voter's discretion, the voter may choose to use another writing surface. The voter shall 
14.21 	mark the ballots without undue delay. The voter may take sample ballots into the booth to 
14.22 	assist in voting. The election judges may adopt and enforce reasonable rules governing the 
14.23 	amount of time a voter may spend in the voting booth marking ballots. 

14.24 	Sec. 25. Minnesota Statutes 2008, section 204C.15, subdivision 1, is amended to read:
14.25 		Subdivision 1. Physical assistance in marking ballots. A voter who claims a 
14.26 	need for assistance because of inability to read English or physical inability to mark 
14.27 	a ballot may obtain the aid of two election judges who are members of different major 
14.28 	political parties. The election judges shall mark the ballots as directed by the voter and in 
14.29 	as secret a manner as circumstances permit. If the voter is deaf or cannot speak English 
14.30 	or understand it when it is spoken, the election judges may select two individuals who 
14.31 	are members of different major political parties to provide assistance. The individuals 
14.32 	~~shall~~ may assist the voter in marking the ballots. A voter in need of assistance may 
14.33 	alternatively obtain the assistance of any individual the voter chooses. Only the following 
14.34 	persons may not provide assistance to a voter: the voter's employer, an agent of the voter's 
15.1 	employer, an officer or agent of the voter's union, or a candidate for election. The person 
15.2 	who assists the voter shall, unaccompanied by an election judge, retire with that voter to a 
15.3 	booth and, at the voter's request, shall mark the ballot as directed by the voter. No person 
15.4 	who assists another voter as provided in the preceding sentence shall mark the ballots of 
15.5 	more than three voters at one election. Before the ballots are deposited, the voter may 
15.6 	show them privately to an election judge to ascertain that they are marked as the voter 
15.7 	directed. An election judge or other individual assisting a voter shall not in any manner 
15.8 	request, persuade, induce, or attempt to persuade or induce the voter to vote for any 
15.9 	particular political party or candidate. The election judges or other individuals who assist 
15.10 	the voter shall not reveal to anyone the name of any candidate for whom the voter has 
15.11 	voted or anything that took place while assisting the voter.

15.12 	Sec. 26. Minnesota Statutes 2008, section 204C.17, is amended to read:
15.13 	204C.17 VOTING; SECRECY.
15.14 	Except as authorized by section 204C.15, a voter shall not reveal to anyone in the 
15.15 	polling place the name of any candidate for whom the voter intends to vote or has voted. 
15.16 	A voter shall not ask for or receive assistance in the marking of a ballot from anyone 
15.17 	within the polling place except as authorized by section 204C.15. If a voter, after marking 
15.18 	a ballot, shows it to anyone except as authorized by law, the election judges shall refuse to 
15.19 	deposit the ballot in any ballot box and shall place it among the spoiled ballots. Unless 
15.20 	the showing of the ballot was clearly intentional, the voter shall receive another ballot as 
15.21 	provided in section 204C.13, subdivision 3, ~~clause~~ paragraph (d). Voters may not take 
15.22 	pictures or video within the polling place.

15.23 	Sec. 27. Minnesota Statutes 2008, section 204C.30, is amended by adding a 
15.24 	subdivision to read:
15.25 		Subd. 3.Election results reporting; state primary and general elections. For 
15.26 	state primary and general elections, the county auditor shall enter the votes in each 
15.27 	precinct for the questions and offices voted on into the election results reporting system 
15.28 	provided by the secretary of state.

15.29 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
15.30 	certified that the election reporting system has been tested and shown to properly allow 
15.31 	for the entry of candidate names and for election results to be uploaded, and to be able to 
15.32 	handle the expected volume of use.

16.1 	Sec. 28. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
16.2 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
16.3 	county auditor's office on or before the seventh day following the state general election. 
16.4 	After taking the oath of office, the board shall promptly and publicly canvass the general 
16.5 	election returns delivered to the county auditor. Upon completion of the canvass, the board 
16.6 	shall promptly prepare and file with the county auditor a report which states:
16.7 	(a) the number of individuals voting at the election in the county and in each precinct;
16.8 	(b) the number of individuals registering to vote on election day and the number of 
16.9 	individuals registered before election day in each precinct;
16.10 	(c) the names of the candidates for each office and the number of votes received 
16.11 	by each candidate in the county and in each precinct~~, including write-in candidates for~~ 
16.12 	~~state and federal office who have requested under section 204B.09 that votes for those~~ 
16.13 	~~candidates be tallied~~; 
16.14 	(d) the number of votes counted for and against a proposed change of county lines 
16.15 	or county seat; and
16.16 	(e) the number of votes counted for and against a constitutional amendment or other 
16.17 	question in the county and in each precinct.
16.18 	The result of write-in votes cast on the general election ballots must be compiled by 
16.19 	the county auditor before the county canvass, except that write-in votes for a candidate for 
16.20 	federal, state, or ~~federal~~ county office must not be counted unless the candidate has timely 
16.21 	filed a request under section 204B.09, subdivision 3. The county auditor shall arrange 
16.22 	for each municipality to provide an adequate number of election judges to perform this 
16.23 	duty or the county auditor may appoint additional election judges for this purpose. The 
16.24 	county auditor may open the envelopes or containers in which the voted ballots have been 
16.25 	sealed in order to count and record the write-in votes and must reseal the voted ballots at 
16.26 	the conclusion of this process. The county auditor must prepare a separate report of votes 
16.27 	received by precinct for write-in candidates for federal, state, and county offices who have 
16.28 	requested under section 204B.09 that votes for those candidates be tallied.
16.29 	Upon completion of the canvass, the county canvassing board shall declare the 
16.30 	candidate duly elected who received the highest number of votes for each county and state 
16.31 	office voted for only within the county. The county auditor shall transmit ~~one of the~~ a
16.32 	certified ~~copies~~ copy of the county canvassing board report for state and federal offices to 
16.33 	the secretary of state by messenger, express mail, or similar service immediately upon 
16.34 	conclusion of the county canvass.

17.1 	Sec. 29. Minnesota Statutes 2008, section 204C.37, is amended to read:
17.2 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
17.3 	STATE.
17.4 	~~Two copies~~ A copy of the ~~reports~~ report required by sections 204C.32, subdivision 
17.5 	1, and 204C.33, subdivision 1, shall be certified under the official seal of the county 
17.6 	auditor. ~~Each~~ The copy shall be enclosed in an envelope addressed to the secretary 
17.7 	of state, with the county auditor's name and official address and the words "Election 
17.8 	Returns" endorsed on the envelope. The copy of the canvassing board report ~~not sent by~~ 
17.9 	~~express mail~~ and the precinct summary statements must be ~~mailed~~ sent by express mail
17.10 	or delivered to the secretary of state. If ~~neither~~ the copy is not received by the secretary 
17.11 	of state within ten days following the applicable election, the secretary of state shall 
17.12 	immediately notify the county auditor, who shall deliver another copy to the secretary of 
17.13 	state by special messenger. 

17.14 	Sec. 30. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
17.15 		Subd. 2.Instructions to printer; printer's bond. (a) The official charged with 
17.16 	the preparation and distribution of the ballots shall prepare instructions to the printer for 
17.17 	rotation of the names of candidates and for layout of the ballot.
17.18 	(b) Except as provided in paragraph (c), the instructions shall be approved by the 
17.19 	legal advisor of the official before delivery to the printer.
17.20 	(c) The legal advisor of a town official is not required to approve instructions 
17.21 	regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
17.22 	(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer 
17.23 	shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified 
17.24 	check, acceptable to the official responsible for printing the ballots, conditioned on 
17.25 	printing the ballots in conformity with the Minnesota Election Law and the instructions 
17.26 	delivered. The official responsible for printing the ballots shall set the amount of the bond, 
17.27 	letter of credit, or certified check in an amount equal to the value of the purchase.

17.28 	Sec. 31. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
17.29 		Subd. 2.Sample ballot. At least two weeks before the state primary the county 
17.30 	auditor shall prepare a sample state partisan primary ballot and a sample state and county 
17.31 	nonpartisan primary ballot for public inspection. The names of all of the candidates to 
17.32 	be voted for in the county shall be placed on the sample ballots, with the names of the 
17.33 	candidates for each office arranged ~~alphabetically according to the surname~~ in the base 
17.34 	rotation as determined by section 206.61, subdivision 5. Only one sample state partisan 
18.1 	primary ballot and one sample state and county nonpartisan ballot shall be prepared for 
18.2 	any county. The county auditor shall post the sample ballots in a conspicuous place in the 
18.3 	auditor's office and shall cause them to be published at least one week before the state 
18.4 	primary in at least one newspaper of general circulation in the county.

18.5 	Sec. 32. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:
18.6 		Subd. 5.Regular state primary. "Regular state primary" means:
18.7 	(a) the state primary at which candidates are nominated for offices elected at the 
18.8 	state general election; or
18.9 	(b) a primary held ~~four weeks before~~ on the first Tuesday after the ~~first~~ second
18.10 	Monday in ~~November~~ September of odd-numbered years.

18.11 	Sec. 33. [204D.29] CONTINUITY OF CONGRESS.
18.12 		Subdivision 1.In general. (a) If the speaker of the United States House of 
18.13 	Representatives announces that vacancies in the representation from the states in the 
18.14 	House of Representatives exceed 100 and one of those vacancies is in this state, the 
18.15 	governor shall issue a writ of election to fill such vacancy by special election.
18.16 	(b) As used in this section, "speaker" means the speaker of the United States House 
18.17 	of Representatives.
18.18 		Subd. 2.Timing of special election. A special election held under this section 
18.19 	to fill a vacancy shall take place not later than 49 days after the speaker announces 
18.20 	that the vacancy exists, unless, during the 75-day period which begins on the date of 
18.21 	the announcement of the vacancy:
18.22 	(1) a regularly scheduled general election for the office involved is to be held; or
18.23 	(2) another special election for the office involved is to be held, pursuant to a writ 
18.24 	for a special election issued by the governor prior to the date of the announcement of the 
18.25 	vacancy by the speaker.
18.26 		Subd. 3.Nominations by parties. If a special election is to be held under this 
18.27 	section, the chairs of the major political parties of the state shall, not later than ten days 
18.28 	after the speaker announces that the vacancy exists, certify to the secretary of state the 
18.29 	name of the person nominated to fill this vacancy.
18.30 		Subd. 4.Nominating petitions. Other candidates must file an affidavit of candidacy 
18.31 	and a nominating petition under section 204B.07 not later than ten days after the speaker 
18.32 	announces that the vacancy exists.
18.33 		Subd. 5.Protecting ability of absent military and overseas voters to participate 
18.34 	in special elections. (a) Deadline for transmittal of absentee ballots. In conducting 
19.1 	a special election held under this section to fill a vacancy in its representation, the state 
19.2 	shall ensure to the greatest extent practicable that absentee ballots for the election are 
19.3 	transmitted to voters who vote under the procedure outlined in sections 203B.16 to 
19.4 	203B.27 not later than 15 days after the speaker announces that the vacancy exists.
19.5 	(b) Period for ballot transit time. Notwithstanding the other deadlines in this 
19.6 	section, in the case of voters who vote under the procedure outlined in sections 203B.16 
19.7 	to 203B.27, any otherwise valid ballot or other election material must be processed and 
19.8 	accepted so long as the ballot or other material is received by the county auditor not later 
19.9 	than 45 days after the ballot or other material was transmitted to the voter.

19.10 	Sec. 34. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
19.11 		Subd. 2.Resolution or ordinance. The governing body of a city may, by ordinance 
19.12 	or resolution adopted at least ~~three~~ six months before the next municipal general election, 
19.13 	elect to choose nominees for municipal offices by a primary as provided in this section. 
19.14 	The resolution or ordinance, when adopted, is effective for all ensuing municipal elections 
19.15 	until it is revoked. The municipal clerk shall notify the secretary of state and the county 
19.16 	auditor within 30 days after the adoption of the resolution or ordinance.

19.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

19.18 	Sec. 35. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
19.19 		Subdivision 1.Affidavit of candidacy. An individual who is eligible and desires to 
19.20 	become a candidate for an office to be voted for at the municipal general election shall file 
19.21 	an affidavit of candidacy with the municipal clerk. Candidates for a special election to 
19.22 	fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit 
19.23 	of candidacy for the specific office to fill the unexpired portion of the term. Subject to 
19.24 	the approval of the county auditor, the town clerk may authorize candidates for township 
19.25 	offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 
19.26 	substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 
19.27 	shall also accept an application signed by not less than five voters and filed on behalf of an 
19.28 	eligible voter in the municipality whom they desire to be a candidate, if service of a copy 
19.29 	of the application has been made on the candidate and proof of service is endorsed on the 
19.30 	application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 
19.31 	of the candidate on the official ballot without partisan designation. 

19.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

20.1 	Sec. 36. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
20.2 		Subd. 2.Notice of filing dates. At least two weeks before the first day to file 
20.3 	affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last 
20.4 	dates on which affidavits of candidacy may be filed in the clerk's office and the closing 
20.5 	time for filing on the last day for filing. The clerk shall post a similar notice at least ten 
20.6 	days before the first day to file affidavits of candidacy. The notice must separately list 
20.7 	any office for which affidavits of candidacy may be filed to fill the unexpired portion 
20.8 	of a term when a special election is being held to fill a vacancy as provided in section 
20.9 	412.02, subdivision 2a.

20.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

20.11 	Sec. 37. [205.135] ELECTION RESULTS REPORTING SYSTEM; CANDIDATE 
20.12 	FILING.
20.13 		Subdivision 1.Even-numbered year. For regularly scheduled municipal elections 
20.14 	held in an even-numbered year, the municipal clerk must provide the offices and questions 
20.15 	to be voted on in the municipality and the list of candidates for each office to the county 
20.16 	auditor for entry into the election results reporting system provided by the secretary of 
20.17 	state no later than 46 days prior to the election. Upon mutual agreement, the county auditor 
20.18 	may delegate the duty to enter the information into the system to the municipal clerk.
20.19 		Subd. 2.Odd-numbered year. For regularly scheduled municipal elections held in 
20.20 	an odd-numbered year, the county auditor and municipal clerk may mutually decide to use 
20.21 	the election reporting system for the election. If so, the county auditor must notify the 
20.22 	secretary of state of the intent to use the election reporting system at least 90 days before 
20.23 	the election, of who will be entering the data, and, if the municipal clerk will be entering 
20.24 	the data, that the office of the municipal clerk has the technological capacity to enter the 
20.25 	data. The county auditor, or, by mutual agreement, the municipal clerk, must enter the 
20.26 	offices and questions to be voted on in the municipality and the list of candidates for each 
20.27 	office into the election results reporting system no later than 46 days prior to the election.

20.28 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
20.29 	certified that the election reporting system has been tested and shown to properly allow 
20.30 	for the entry of candidate names and for election results to be uploaded, and to be able to 
20.31 	handle the expected volume of use.

20.32 	Sec. 38. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
21.1 		Subd. 2.Sample ballot, publication. For every municipal election, the municipal 
21.2 	clerk shall, at least ~~one week~~ two weeks before the election, publish a sample ballot in the 
21.3 	official newspaper of the municipality, except that the governing body of a fourth class 
21.4 	city or a town not located within a metropolitan county as defined in section 473.121
21.5 	may dispense with publication. 

21.6 	Sec. 39. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
21.7 		Subd. 3.Sample ballot, posting. For every municipal election, the municipal 
21.8 	clerk shall at least ~~four days~~ two weeks before the election ~~post~~ prepare a sample ballot 
21.9 	for the municipality, make them available for public inspection in the clerk's office ~~for~~ 
21.10 	~~public inspection~~, and post a sample ballot in each polling place on election day.

21.11 	Sec. 40. [205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT 
21.12 	VOTES.
21.13 	For regularly scheduled municipal elections held in November of an even-numbered 
21.14 	year, the county auditor shall enter the votes in each precinct for the questions and offices 
21.15 	voted on in the municipal election into the election results reporting system provided 
21.16 	by the secretary of state.
21.17 	If a county auditor has notified the secretary of state of intent to use the election 
21.18 	results reporting system for a municipal election pursuant to section 205.135, subdivision 
21.19 	2, the county auditor, or by mutual agreement, the municipal clerk, must enter the votes in 
21.20 	each precinct for the offices and questions voted on in the municipality into the election 
21.21 	results reporting system.

21.22 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
21.23 	certified that the election reporting system has been tested and shown to properly allow 
21.24 	for the entry of candidate names and for election results to be uploaded, and to be able to 
21.25 	handle the expected volume of use.

21.26 	Sec. 41. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
21.27 		Subdivision 1. Resolution requiring primary in certain circumstances. The 
21.28 	school board of a school district may, by resolution adopted by June 1 of any year, decide 
21.29 	to choose nominees for school board by a primary as provided in this section. The 
21.30 	resolution, when adopted, is effective for all ensuing elections of board members in that 
21.31 	school district until it is revoked. If the board decides to choose nominees by primary 
21.32 	and if there are more than two candidates for a specified school board position or more 
21.33 	than twice as many school board candidates as there are at-large school board positions 
22.1 	available, the school district must hold a primary. When a number equal to or less than 
22.2 	twice the number of individuals to be elected to a school board office file for nomination 
22.3 	for the office, the names of the candidates shall be placed upon the general election ballot.

22.4 	Sec. 42. [205A.045] SCHOOL DISTRICT TRANSITIONS.
22.5 		Subdivision 1.Odd year to even. The governing body of a school district that 
22.6 	determines to change from an odd-numbered year election to an even-numbered year 
22.7 	election may do so by adoption of a new resolution or ordinance that contains an orderly 
22.8 	plan for the transition.
22.9 	The governing body of the school district shall select by lot the board members 
22.10 	whose terms will expire in January of the next odd-numbered year or January of the 
22.11 	following odd-numbered year. To the extent practicable, one-half of the members must 
22.12 	be elected in one of those years to establish staggered terms. The governing body of 
22.13 	the school district must complete the selection required by this paragraph no later than 
22.14 	30 days before the first day to file affidavits of candidacy for the election in which this 
22.15 	will take effect.
22.16 		Subd. 2.Even year to odd. The governing body of a school district that determines 
22.17 	to change from an even-numbered year election to an odd-numbered year election may 
22.18 	do so by adoption of a new resolution or ordinance that contains an orderly plan for the 
22.19 	transition.
22.20 	The governing body of the school district shall select by lot the board members 
22.21 	whose terms will expire in January of the next even-numbered year or January of the 
22.22 	following even-numbered year. To the extent practicable, one-half of the members must 
22.23 	be elected in one of those years to establish staggered terms. The governing body of 
22.24 	the school district must complete the selection required by this paragraph no later than 
22.25 	30 days before the first day to file affidavits of candidacy for the election in which this 
22.26 	will take effect.

22.27 	Sec. 43. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
22.28 		Subdivision 1.Questions. Special elections must be held for a school district on a 
22.29 	question on which the voters are authorized by law to pass judgment. The school board 
22.30 	may on its own motion call a special election to vote on any matter requiring approval of 
22.31 	the voters of a district. Upon petition of 50 or more voters of the school district or five 
22.32 	percent of the number of voters voting at the preceding school district general election, 
22.33 	whichever is greater, the school board shall by resolution call a special election to vote on 
22.34 	any matter requiring approval of the voters of a district. A question is carried only with 
23.1 	the majority in its favor required by law. The election officials for a special election are 
23.2 	the same as for the most recent school district general election unless changed according 
23.3 	to law. Otherwise, special elections must be conducted and the returns made in the 
23.4 	manner provided for the school district general election. A special election may not be 
23.5 	held during the ~~30~~ 45 days before and the ~~30~~ 45 days after the state primary, during the 
23.6 	~~30~~ 45 days before and the 40 days after the state general election. In addition, a special 
23.7 	election may not be held during the 20 days before and the 20 days after any regularly 
23.8 	scheduled March election or within 45 days before and the 30 days after any regularly 
23.9 	scheduled November election of a municipality wholly or partially within the school 
23.10 	district. Notwithstanding any other law to the contrary, the time period in which a special 
23.11 	election must be conducted under any other law may be extended by the school board to 
23.12 	conform with the requirements of this subdivision.

23.13 	Sec. 44. Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
23.14 		Subd. 2.Vacancies in school district offices. Special elections shall be held in 
23.15 	school districts in conjunction with school district primary and general elections to fill 
23.16 	vacancies in elective school district offices. When filling multiple at-large vacancies at the 
23.17 	same election, the candidates shall file for the multiple seats of the same office, voters will 
23.18 	be instructed to "Vote for up to..." and the candidates receiving the most votes up to the 
23.19 	number to be elected will be elected to fill the vacancies.

23.20 	Sec. 45. Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read:
23.21 		Subd. 2.Sample ballot, posting. For every school district primary, general, or 
23.22 	special election, the school district clerk shall at least ~~four days~~ two weeks before the 
23.23 	primary, general, or special election, post a sample ballot in the administrative offices of 
23.24 	the school district for public inspection, and shall post a sample ballot in each polling 
23.25 	place on election day.

23.26 	Sec. 46. [205A.075] ELECTION RESULTS REPORTING SYSTEM; 
23.27 	CANDIDATE FILING.
23.28 		Subdivision 1.Even-numbered year. For regularly scheduled school district 
23.29 	elections held in an even-numbered year, the school district clerk must provide the offices 
23.30 	and questions to be voted on in the school district and the list of candidates for each office 
23.31 	to the county auditor for entry into the election results reporting system provided by the 
23.32 	secretary of state no later than 46 days prior to the election.
24.1 		Subd. 2.Odd-numbered year. For regularly scheduled school district elections 
24.2 	held in an odd-numbered year, the county auditor and school district clerk may mutually 
24.3 	decide to use the election reporting system for the election. If so, the county auditor must 
24.4 	notify the secretary of state of intent to use the election reporting system at least 90 days 
24.5 	before the election. The county auditor must enter the offices and questions to be voted 
24.6 	on in the school district and the list of candidates for each office into the election results 
24.7 	reporting system no later than 46 days prior to the election.

24.8 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
24.9 	certified that the election reporting system has been tested and shown to properly allow 
24.10 	for the entry of candidate names and for election results to be uploaded, and to be able to 
24.11 	handle the expected volume of use.

24.12 	Sec. 47. [205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT 
24.13 	VOTES.
24.14 	For regularly scheduled school district elections held in an even-numbered year, the 
24.15 	county auditor shall enter the votes in each precinct for the questions and offices voted 
24.16 	on in the school district election into the election results reporting system provided by 
24.17 	the secretary of state.
24.18 	If a county auditor has notified the secretary of state of intent to use the election 
24.19 	results reporting system for a school district election pursuant to section 205A.075, 
24.20 	subdivision 2, the county auditor must enter the votes in each precinct for the offices and 
24.21 	questions voted on in the school district into the election results reporting system.

24.22 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
24.23 	certified that the election reporting system has been tested and shown to properly allow 
24.24 	for the entry of candidate names and for election results to be uploaded, and to be able to 
24.25 	handle the expected volume of use.

24.26 	Sec. 48. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
24.27 		Subd. 6.Required certification. In addition to the requirements in subdivision 
24.28 	1, a voting system must be certified by an independent testing authority ~~approved~~
24.29 	accredited by the ~~secretary of state and conform to current standards for voting equipment~~
24.30 	Election Assistance Commission at the time of submission of the application required by 
24.31 	subdivision 1 to be in conformity with voluntary voting system guidelines issued by the 
24.32 	~~Federal Election Commission or its successor,~~ the Election Assistance Commission. A 
24.33 	vendor must either:
25.1 	(1) certify that the vendor has placed a copy of the source code for the voting system 
25.2 	in escrow with the Election Assistance Commission; or
25.3 	(2) provide a copy of the source code for the voting system to an independent 
25.4 	third-party evaluator selected by the vendor, the secretary of state, and the chairs of the 
25.5 	major political parties. The evaluator must examine the source code and certify to the 
25.6 	secretary of state that the voting system will record and count votes as represented by 
25.7 	the vendor. Source code that is trade secret information must be treated as nonpublic 
25.8 	information, in accordance with section 13.37. Each major political party may designate 
25.9 	an agent to examine the source code to verify that the voting system will record and 
25.10 	count votes as represented by the vendor. The agent must not disclose the source code 
25.11 	to anyone else.

25.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

25.13 	Sec. 49. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:
25.14 		Subd. 5.Alternation. The provisions of the election laws requiring the alternation 
25.15 	of names of candidates must be observed as far as practicable by changing the order of the 
25.16 	names on an electronic voting system in the various precincts so that each name appears 
25.17 	on the machines or marking devices used in a municipality substantially an equal number 
25.18 	of times in the first, last, and in each intermediate place in the list or group in which they 
25.19 	belong. However, the arrangement of candidates' names must be the same on all voting 
25.20 	systems used in the same precinct. ~~If the number of names to be alternated exceeds the~~ 
25.21 	~~number of precincts~~ For state primary and state general elections, the election official 
25.22 	responsible for providing the ballots, in accordance with subdivision 1, shall determine 
25.23 	~~by lot the alternation of names~~ the base rotation of candidate names by assigning the 
25.24 	initial order of the candidates' names by random generation using the statewide election 
25.25 	reporting system.
25.26 	If an electronic ballot marker is used with a paper ballot that is not an optical scan 
25.27 	ballot card, the manner of alternation of candidate names on the paper ballot must be as 
25.28 	prescribed for optical scan ballots in this subdivision. 

25.29 	Sec. 50. Minnesota Statutes 2008, section 211A.02, subdivision 1, is amended to read:
25.30 		Subdivision 1.When and where filed by committees. (a) A committee or a 
25.31 	candidate who receives contributions or makes disbursements of more than $750 in a 
25.32 	calendar year shall submit an initial report to the filing officer within 14 days after the 
25.33 	candidate or committee receives or makes disbursements of more than $750 and shall 
25.34 	continue to make the reports listed in paragraph (b) until a final report is filed.
26.1 	(b) The committee or candidate must file a report by January 31 of each year 
26.2 	following the year when the initial report was filed and in a year when the candidate's name 
26.3 	or a ballot question appears on the ballot, the candidate or committee shall file a report:
26.4 	(1) ~~ten days~~ two weeks before the primary or special primary;
26.5 	(2) ~~ten days~~ two weeks before the general election or special election; and
26.6 	(3) 30 days after a general or special election.

26.7 	EFFECTIVE DATE. This section is effective June 1, 2010.

26.8 	Sec. 51. Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to read:
26.9 		Subd. 2. Information required. The report to be filed by a candidate or committee 
26.10 	must include: 
26.11 	(1) the name of the candidate or ballot question; 
26.12 	(2) the printed name, address, telephone number, signature, and e-mail address, if 
26.13 	available, of the person responsible for filing the report; 
26.14 	(3) the total cash on hand;
26.15 	(4) the total amount of receipts and expenditures for the period from the last previous 
26.16 	report to five days before the current report is due; 
26.17 	~~(4)~~ (5) the amount, date, and purpose for each expenditure; and 
26.18 	~~(5)~~ (6) the name, address, and employer, or occupation if self-employed,  of any 
26.19 	individual or committee that during the year has made one or more contributions that in 
26.20 	the aggregate exceed $100, and the amount and date of each contribution. The filing 
26.21 	officer must restrict public access to the address of any individual who has made a 
26.22 	contribution that exceeds $100 and who has filed with the filing officer a written statement 
26.23 	signed by the individual that withholding the individual's address from the financial report 
26.24 	is required for the safety of the individual or the individual's family. 

26.25 	EFFECTIVE DATE. This section is effective June 1, 2010.

26.26 	Sec. 52. Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to read:
26.27 		Subd. 2.Notice of failure to file. If a candidate or committee has filed an initial 
26.28 	report, but fails to file a subsequent report on the date it is due, the filing officer shall 
26.29 	immediately notify the candidate or committee of the failure to file. If a report is not filed 
26.30 	within ten days after the notification is mailed, the filing officer shall file a complaint 
26.31 	under section 211B.32.  

27.1 	Sec. 53. Minnesota Statutes 2008, section 211B.11, is amended by adding a subdivision 
27.2 	to read:
27.3 		Subd. 3a.Labels prohibited. Voters must not affix labels to optical scan ballots 
27.4 	in precincts in which ballots are tabulated by precinct or central count optical scan 
27.5 	tabulators. Write-in candidates must not distribute labels to voters to be affixed to optical 
27.6 	scan ballots in precincts in which ballots are tabulated by precinct or central count optical 
27.7 	scan tabulators. A violation of this subdivision by a candidate is subject to a fine of up to 
27.8 	$5,000 per precinct in the district. The fine is payable to the jurisdiction that owns the 
27.9 	ballot tabulators for use in election equipment repair and maintenance.

27.10 	Sec. 54. Minnesota Statutes 2008, section 211B.12, is amended to read:
27.11 	211B.12 LEGAL EXPENDITURES. 
27.12 	Use of money collected for political purposes is prohibited unless the use is 
27.13 	reasonably related to the conduct of election campaigns, or is a noncampaign disbursement 
27.14 	as defined in section 10A.01, subdivision 26. The following are permitted expenditures 
27.15 	when made for political purposes: 
27.16 	(1) salaries, wages, and fees; 
27.17 	(2) communications, mailing, transportation, and travel; 
27.18 	(3) campaign advertising; 
27.19 	(4) printing; 
27.20 	(5) office and other space and necessary equipment, furnishings, and incidental 
27.21 	supplies; 
27.22 	(6) charitable contributions of not more than $100 to any charity organized 
27.23 	under section 501(c)(3) of the Internal Revenue Code annually, except that the amount 
27.24 	contributed by a principal campaign committee or from the campaign fund of a candidate 
27.25 	for political subdivision office that dissolves within one year after the contribution is made 
27.26 	is not limited by this clause; and 
27.27 	(7) other expenses, not included in clauses (1) to (6), that are reasonably related to 
27.28 	the conduct of election campaigns. In addition, expenditures made for the purpose of 
27.29 	providing information to constituents, whether or not related to the conduct of an election, 
27.30 	are permitted expenses. Money collected for political purposes and assets of a political 
27.31 	committee or political fund may not be converted to personal use. 

27.32 	Sec. 55. Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read:
28.1 		Subd. 2a.Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an 
28.2 	office shall be filled by council appointment until an election is held as provided in this 
28.3 	subdivision. In case of a tie vote in the council, the mayor shall make the appointment.
28.4 	(1) If the vacancy occurs before the first day to file affidavits of candidacy for 
28.5 	the next regular city election and more than two years remain in the unexpired term, a 
28.6 	special election shall be held at or before the next regular city election and the appointed 
28.7 	person shall serve until the qualification of a successor elected at a special election to fill 
28.8 	the unexpired portion of the term. The council must specify by ordinance under what 
28.9 	circumstances it will hold a special election to fill a vacancy other than a special election 
28.10 	held at the same time as the regular city election. If, because of a vacancy, more than one 
28.11 	council member is to be chosen at the same election, candidates for council member shall 
28.12 	file for either a two-year or a four-year term. If more than one candidate is to be elected 
28.13 	for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the 
28.14 	number of candidates to be elected for the two-year or four-year term.
28.15 	(2) If the vacancy occurs on or after the first day to file affidavits of candidacy for 
28.16 	the regular city election or when less than two years remain in the unexpired term, there 
28.17 	need not be a special election to fill the vacancy and the appointed person shall serve 
28.18 	until the qualification of a successor. ~~The council must specify by ordinance under what~~ 
28.19 	~~circumstances it will hold a special election to fill a vacancy other than a special election~~ 
28.20 	~~held at the same time as the regular city election.~~

28.21 	Sec. 56. Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read:
28.22 		Subd. 4.Effective date of incorporation. The incorporation shall be effective 
28.23 	upon the election and qualification of new municipal officers or on such later date as is 
28.24 	fixed by the director's order. The effective date must not fall within the 21 days before 
28.25 	a state primary or state general election.

28.26 	Sec. 57. Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read:
28.27 		Subd. 6.Effective date of annexation. The annexation shall be effective as of the 
28.28 	date fixed in the annexation order or on a later date fixed in the annexation order. The 
28.29 	effective date must not fall within the 21 days before a state primary or state general 
28.30 	election.

28.31 	Sec. 58. Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to read:
28.32 		Subd. 4.Effective date of annexation. The chief administrative law judge's order 
28.33 	shall be effective upon the issuance of the order or at such later time as is provided 
29.1 	in the order. The effective date must not fall within the 21 days before a state primary 
29.2 	or state general election.

29.3 	Sec. 59. Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read:
29.4 		Subd. 7.Filing; effective date; copy to auditors. Any annexation ordinance 
29.5 	provided for in this section must be filed with the chief administrative law judge, the 
29.6 	township, the county auditor and the secretary of state and is final on the date the 
29.7 	ordinance is approved by the chief administrative law judge. The effective date must 
29.8 	not fall within the 21 days before a state primary or state general election. A copy of 
29.9 	the annexation ordinance must be delivered immediately by the governing body of the 
29.10 	municipality to the appropriate county auditors.

29.11 	Sec. 60.  REPEALER.
 29.12 	Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2, are repealed.