STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
NINETY-SECOND DAY
Saint Paul, Minnesota, Thursday, April 15,
2004
The House of Representatives convened at 12:00 noon and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Major Daniel Sjogren, Divisional
Commander, Salvation Army - Northern Division, Roseville, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Anderson, B.; Anderson, J.; Goodwin; Holberg; Strachan and
Sykora were excused.
Clark was excused until 12:55 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Klinzing
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 1373 and
H. F. No. 1437, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Cornish moved that the rules be so far suspended that
S. F. No. 1373 be substituted for H. F. No. 1437
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1716 and
H. F. No. 1896, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Solberg moved that the rules be so far suspended that
S. F. No. 1716 be substituted for H. F. No. 1896
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1753 and
H. F. No. 1830, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Westrom moved that the rules be so far suspended that
S. F. No. 1753 be substituted for H. F. No. 1830
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1787 and
H. F. No. 1995, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Knoblach moved that the rules be so far suspended that
S. F. No. 1787 be substituted for H. F. No. 1995
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1946 and
H. F. No. 2035, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Sertich moved that S. F. No. 1946 be substituted
for H. F. No. 2035 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2141 and
H. F. No. 2191, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Seagren moved that the rules be so far suspended that
S. F. No. 2141 be substituted for H. F. No. 2191
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2181 and
H. F. No. 2199, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Wilkin moved that the rules be so far suspended that
S. F. No. 2181 be substituted for H. F. No. 2199
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2222 and
H. F. No. 2242, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Sykora moved that S. F. No. 2222 be substituted
for H. F. No. 2242 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 1703, A bill for an act relating to elections;
providing for acquisition and use of certain voting systems; conforming with
the federal Help America Vote Act; making technical changes in election
administration; appropriating money; amending Minnesota Statutes 2002, sections
5.08; 15.0597, subdivisions 2, 3, 4, 5, 6, 7; 15.0599, subdivision 4; 201.021;
201.022; 201.061, subdivisions 1, 3, by adding subdivisions; 201.071,
subdivisions 1, 3, by adding a subdivision; 201.091, subdivisions 1, 4, 5, by
adding a subdivision; 201.121, subdivision 1; 201.13, subdivision 1; 201.15, as
amended; 201.155; 201.161; 201.1611, subdivision 1; 201.171; 201.221,
subdivisions 2, 3; 202A.14, subdivision 3; 203B.06, subdivision 4; 203B.08,
subdivision 3; 203B.085; 203B.12, subdivision 2; 203B.125; 203B.16, by adding a
subdivision; 203B.17; 203B.19; 203B.24, subdivision 2; 203B.26; 204B.06,
subdivision 1; 204B.07, subdivision 2; 204B.09, subdivisions 1, 3; 204B.14,
subdivision 2; 204B.16, subdivision 3; 204B.18, subdivision 1; 204B.19,
subdivisions 1, 6; 204B.22, by adding a subdivision; 204B.36, subdivision 4;
204B.41; 204B.47; 204C.06, by adding a subdivision; 204C.10; 204C.12,
subdivision 4; 204C.20, subdivision 2; 204C.24, subdivision 1; 204C.33,
subdivision 1; 204C.35, by adding a subdivision; 204C.36, subdivisions 1, 3, by
adding a subdivision; 204C.361; 204D.14, by adding a subdivision; 204D.27,
subdivision 11; 205.02, subdivision 1; 205.075, by adding a subdivision;
205.16, subdivision 4, by adding a subdivision; 205.185, subdivisions 2, 3;
205A.02; 205A.07, by adding a subdivision; 206.57, by adding subdivisions;
206.81; 206.90, subdivision 6; 211A.02, by adding a subdivision; 351.01,
subdivision 4; 365.51, subdivision 3; 367.12; 414.041, subdivision 1; 447.32,
subdivisions 3, 4; Minnesota Statutes 2003 Supplement, sections 126C.17, subdivision
9; 205A.07, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapters 201; 204C; 204D.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
VOTING
SYSTEM
Section 1. [VOTING
SYSTEMS ACQUISITION.]
Subdivision 1.
[APPROPRIATION.] All remaining, previously unappropriated funds in
the Help America Vote Act account and any funds received by that account until
June 30, 2007, are appropriated to the Office of the Secretary of State for use
in purchasing a uniform, statewide voting system, purchasing component items of
voting equipment to create such a system, or making grants to counties and
local municipalities for purchase of voting systems or components of equipment
to create a uniform voting system that:
(1) comply with the requirements of the Help America Vote Act, Public
Law 107-252; and (2) meet the requirements of this section.
Subd. 2.
[SOLICITING VOTING SYSTEMS.] The Office of the Secretary of State may
issue requests for proposal or other solicitations for voting systems or the
components of voting systems that comply with the requirements of the Help
America Vote Act, Public Law 107-252, and also provide every voter an
opportunity to verify their votes and to change their votes or correct any
error before their ballot is cast and counted, produce a permanent paper record
of the ballot cast by the voter, and preserve the paper record as an official
record available for use in a recount.
Subd. 3.
[UNIFORM VOTING SYSTEM.] After receiving and evaluating responses to
the requests for proposal for voting systems, the Office of the Secretary of
State may select one or more vendors to provide equipment for a uniform
statewide voting system for use in each polling place in Minnesota.
Subd. 4. [VOTING
SYSTEMS REQUIREMENT.] Each voting system purchased in Minnesota must:
(1) create a marked optical scan ballot that can be
tabulated by (i) a precinct count optical scan machine already certified for
use in Minnesota and owned by a jurisdiction, or (ii) a certified precinct
count optical scan machine to be purchased under this section; or
(2) accept such a marked optical scan ballot.
Subd. 5.
[CERTIFICATION STANDARDS.] A request for proposal under this section
must set forth the specifications for ballot-marking equipment to be purchased,
which must be compatible with existing precinct count optical scan equipment or
future models of such equipment. Responses
to the request for proposal must include certification required by Minnesota
Statutes, section 206.57, Minnesota Rules, chapters 8220 and 8230, and any
other Minnesota statutes and rules to be considered. Precinct count optical scan tabulating machines must meet the
current certification standards for such machines.
Subd. 6.
[REMAINING FUNDS.] (a) All appropriations to the Office of the
Secretary of State under this section remaining after the purchase of voting
systems to satisfy the requirements of the Help America Vote Act, Public Law
107-252, as described in subdivisions 1 to 5, may be spent for the replacement
of precinct-count optical scan equipment that is not compatible with any system
described in subdivision 4, clause (1), and selected under subdivision 3.
(b) In order to most closely achieve a uniform system of
voting in this state, the Office of the Secretary of State shall designate one
model of precinct-count optical scan equipment to be purchased as the
replacement equipment from among the responses to the requests for proposal
submitted under subdivision 2.
(c) If the Office of the Secretary of State determines that
there are insufficient funds for the replacement of all equipment eligible for
replacement under this section, the funds must be used first to replace the oldest
equipment, and then to replace progressively newer equipment until the funds
are exhausted.
Subd. 7. [MASTER
PURCHASING CONTRACT.] The Office of the Secretary of State shall use the
responses to requests for proposal submitted under subdivision 2 as the basis
for negotiating one or more master contracts from which all purchases
authorized or required by this section must be made, whether by state or local
governments. After the master contract
is negotiated, no purchases of voting systems may be made by state or local
governments except from this master contract.
Sec. 2. [EFFECTIVE
DATE.]
Section 1 is effective the day following final enactment.
ARTICLE
2
HAVA
CONFORMITY
Section 1. Minnesota
Statutes 2002, section 201.021, is amended to read:
201.021 [PERMANENT REGISTRATION SYSTEM.]
A permanent system of voter registration by county is
established, with the county systems linked together by a centralized
statewide system a single, official, centralized, interactive
computerized statewide voter registration list defined, maintained, and
administered at the state level that contains the name and registration
information of every legally registered voter in the state, and assigns a
unique identifier to each legally registered voter in the state. The interactive computerized statewide voter
registration list constitutes the official list of every legally registered
voter in the state. The county
auditor shall be chief registrar of voters and the chief custodian of the
official registration records in each county.
The secretary of state is responsible for defining, maintaining,
and administering the centralized system.
Sec. 2. Minnesota
Statutes 2002, section 201.022, is amended to read:
201.022 [STATEWIDE REGISTRATION SYSTEM.]
Subdivision 1.
[ESTABLISHMENT.] The secretary of state shall maintain a statewide voter
registration system to facilitate voter registration and to provide a central
database containing voter registration information from around the state. The system must be accessible to the county
auditor of each county in the state. The
system must also:
(1) provide for voters to submit their registration to any
county auditor, the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and
maintenance of a central database for all voter registration information;
(3) provide for entering data into the statewide
registration system;
(4) provide for electronic transfer of completed voter
registration forms from the Department of Public Safety to the secretary of
state or the county auditor;
(5) assign a unique identifier to each legally registered
voter in the state;
(6) provide for the acceptance of the Minnesota driver's
license number, Minnesota state identification number, and last four digits of
the Social Security number for each voter record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors to add, and the secretary of state
to add or modify, information in the system to provide for accurate and
up-to-date records;
(9) allow county auditors, municipal and school district
clerks, and the secretary of state to have electronic access to the statewide
registration system for review and search capabilities;
(10) provide security and protection of all information in
the statewide registration system and ensure that unauthorized access is not
allowed; and
(11) provide a system for each county to identify the
precinct to which a voter should be assigned for voting purposes.
The appropriate state or
local official shall provide security measures to prevent unauthorized access
to the computerized list established under section 201.021. The secretary of state shall establish a
system of file maintenance that makes reasonable effort to remove registrants
who are ineligible to vote from the official list of eligible voters.
Subd. 2. [RULES.] The
secretary of state shall make permanent rules necessary to administer the
system required in subdivision 1. The
rules must at least:
(1) provide for voters to submit their registration to any
county auditor, the secretary of state, or the Department of Public Safety;
(2) provide for the establishment and maintenance of a
central database for all voter registration information;
(3) provide procedures for entering data into the statewide
registration system;
(4) provide for interaction with the computerized driver's
license records of the Department of Public Safety;
(5) allow the offices of all county auditors and the
secretary of state to add, modify, and delete information from the system to
provide for accurate and up-to-date records;
(6) allow the offices of all county auditors and the
Secretary of State's Office to have access to the statewide registration system
for review and search capabilities;
(7) provide security and protection of all information in
the statewide registration system and to ensure that unauthorized entry is not
allowed;
(8) provide a system for each county to identify the
precinct to which a voter should be assigned for voting purposes; and
(9) prescribe a procedure for the return of completed voter
registration forms from the Department of Public Safety to the secretary of
state or the county auditor.
Sec. 3. Minnesota
Statutes 2002, section 201.061, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION
IN PERSON PRIOR TO ELECTION DAY.] At any time except during the 20 days
immediately preceding any election, an eligible voter or any individual who
will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a registration
card voter registration application as described in section 201.071,
subdivision 1, and submitting it in person or by mail to the county
auditor of that county or to the Secretary of State's Office. A registration that is received no later
than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration card shall be forwarded within two working days after receipt to
the county auditor of the county where the voter maintains residence. A state or local agency or an individual
that accepts completed voter registration cards from a voter must submit the
completed cards to the secretary of state or the appropriate county auditor
within ten days after the cards are dated by the voter.
Sec. 4. Minnesota
Statutes 2002, section 201.061, is amended by adding a subdivision to read:
Subd. 1b. [DUTY
TO FORWARD.] A registration that is received no later than 5:00 p.m. on the
21st day preceding any election must be accepted. An improperly addressed or delivered voter registration
application must be forwarded within two working days after receipt to the
county auditor of the county where the voter maintains residence. A state or local agency or an individual
that accepts completed voter registration applications from a voter must submit
the completed cards to the secretary of state or the appropriate county auditor
within ten days after the applications are dated by the voter.
Sec. 5. Minnesota
Statutes 2002, section 201.091, subdivision 1, is amended to read:
Subdivision 1. [MASTER
LIST.] Each county auditor shall prepare and maintain a current list of
registered voters in each precinct in the county which is known as the master
list. The master list must be created
by entering each completed voter registration card application
received by the county auditor into the statewide registration system. It must show the name, residence address,
and date of birth of each voter registered in the precinct. The information contained in the master list
may only be made available to public officials for purposes related to election
administration, jury selection, and in response to a law enforcement inquiry
concerning a violation of or failure to comply with any criminal statute or
state or local tax statute. If a
copy of the master list is provided to a public official for jury selection or
in response to a law enforcement inquiry described in this subdivision, the
list may not include the final four digits of the Social Security number of any
voter.
Sec. 6. Minnesota
Statutes 2002, section 201.091, is amended by adding a subdivision to read:
Subd. 1a.
[POLLING PLACE ROSTER.] A polling place roster produced from data
maintained in the statewide voter registration file may not include the final
four digits of the Social Security number of any voter.
Sec. 7. Minnesota
Statutes 2002, section 201.091, subdivision 5, is amended to read:
Subd. 5. [COPY OF LIST
TO REGISTERED VOTER.] The county auditors and the secretary of state shall
provide paper copies of the public information lists and may provide
the lists in some other form in electronic or other media to any
voter registered in Minnesota within ten days of receiving a written request
accompanied by payment of the cost of reproduction. The county auditors and the secretary of state shall make a copy
of the list available for public inspection without cost. An individual who inspects or acquires a
copy of a public information list may not use any information contained in it
for purposes unrelated to elections, political activities, or law enforcement. No list made available for public inspection
or purchase may include the date of birth of a registered voter.
Sec. 8.
Minnesota Statutes 2002, section 201.121, subdivision 1, is amended to
read:
Subdivision 1. [ENTRY
OF REGISTRATION INFORMATION.] Upon receiving At the time a voter
registration card application is properly completed and,
submitted, and received in accordance with sections 201.061 and 201.071,
the county auditor shall enter in the information contained on it
into the statewide registration system the information contained on it
on an expedited basis, but no later than 42 days after receipt. Voter registration cards applications
completed before election day must be entered into the statewide registration
system within ten days after they have been submitted to the county auditor.
Upon receiving a completed voter registration card or form
application, the secretary of state may electronically transmit the
information on the card or form application to the appropriate
county auditor as soon as possible for review by the county auditor before
final entry into the statewide registration system. The secretary of state may mail the registration card application
or form to the county auditor.
Sec. 9. Minnesota
Statutes 2002, section 201.155, is amended to read:
201.155 [REPORT ON FELONY CONVICTIONS.]
Pursuant to the Help America Vote Act of 2002, Public Law
107-252, the state court administrator shall report at least monthly
to the secretary of state the name, address, date of birth, date of sentence,
effective date of the sentence, and county in which the conviction occurred of
each person who has been convicted of a felony. The state court administrator shall also report the name,
address, and date of birth of each person previously convicted of a felony whose
civil rights have been restored. The
secretary of state may designate the county auditor to modify the statewide
voter registration system in response to this report, in which case the
secretary of state shall determine if any of the persons in the report
is registered to vote and shall prepare forward a list of those registrants
for individuals to each county auditor. The county auditor shall determine if any person identified in
the report as a resident of the county is registered to vote in the county and
change the status of those registrants each registrant in the
appropriate manner in the statewide registration system.
Sec. 10. [201.1615]
[INFORMATION SHARING; USE OF SOCIAL SECURITY NUMBER.]
The secretary of state shall enter into an agreement with
the Department of Public Safety to match information in the statewide voter
registration system with information in the Department of Public Safety
database to verify the accuracy of the information provided on applications for
voter registrations.
The commissioner of public safety shall enter into an
agreement with the commissioner of the United States Social Security
Administration under section 205(r)(8) of the Social Security Act to allow the
use of the last four digits of the Social Security number to be used to verify
voter registration information, to ensure the maintenance of the
confidentiality of any applicable information disclosed, and to establish
procedures to permit the department to use the information for purposes of
maintaining its records.
Sec. 11. Minnesota
Statutes 2002, section 201.171, is amended to read:
201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION
REMOVED.]
Within six weeks after every election, the county auditor shall
post the voting history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the
preceding four years must
be conducted in a manner that ensures that the name of each registered voter
appears in the official list of eligible voters in the statewide registration
system. Only voters who are not
registered or who are not eligible to vote must be removed from the official
list of eligible voters. List maintenance
must include procedures for eliminating duplicate names from the official list
of eligible voters.and. The
secretary of state shall change perform list maintenance by changing
the status of those registrants to "inactive" in the statewide
registration system. The list
maintenance performed
The secretary of state shall also prepare a report to the
county auditor containing the names of all registrants whose status was changed
to "inactive."
Although not counted in an election, a late absentee ballot
must be considered a vote for the purpose of continuing registration.
Sec. 12. Minnesota
Statutes 2002, section 201.221, subdivision 2, is amended to read:
Subd. 2. [UNIFORM
PROCEDURES FOR COUNTIES.] The secretary of state shall assist local election
officers by devising uniform forms and procedures. The secretary of state shall provide uniform rules for
maintaining voter registration records on the statewide registration
system. The secretary of state shall
supervise the development and use of the statewide registration system to
insure that it conforms to applicable federal and state laws and rules.
Sec. 13. Minnesota
Statutes 2002, section 203B.08, subdivision 3, is amended to read:
Subd. 3. [PROCEDURES ON
RECEIPT OF BALLOTS.] When absentee ballots are returned to a county auditor or
municipal clerk, that official shall stamp and date the return envelope with an
official seal of the office and place it in a secure location with other return
envelopes received by that office. The
county auditor or municipal clerk shall deliver them to the appropriate
election judges on election day all ballots received before or with the last
mail delivery by the United States Postal Service on election day. A town clerk may request the United States
Postal Service to deliver absentee ballots to the polling place on election day
instead of to the official address of the town clerk.
Sec. 14. Minnesota
Statutes 2002, section 203B.16, is amended by adding a subdivision to read:
Subd. 4.
[DESIGNATION OF OFFICE.] The Office of the Secretary of State is
responsible for providing information regarding voter registration and absentee
balloting procedures to be used by absent uniformed services voters, their
spouses and dependents, and voters overseas.
Sec. 15. Minnesota
Statutes 2002, section 203B.17, is amended to read:
203B.17 [APPLICATION FOR BALLOT.]
Subdivision 1.
[SUBMISSION OF APPLICATION.] (a) An application for absentee ballots for
a voter described in section 203B.16 may be submitted in writing or by
electronic facsimile device, or by electronic mail upon determination by the
secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a
voter described in section 203B.16 may be submitted by that voter or by that
voter's parent, spouse, sister, brother, or child over the age of 18
years. For purposes of an application
under this subdivision, a person's Social Security number, no matter how it is
designated, qualifies as the person's military identification number if the
person is in the military.
(b) An application for a voter described in section 203B.16,
subdivision 1, shall be submitted to the county auditor of the county where the
voter maintains residence.
(c) An application for a voter described
in section 203B.16, subdivision 2, shall be submitted to the county auditor of
the county where the voter last maintained residence in Minnesota.
(d) An application for absentee ballots for a primary
shall also constitute an application for absentee ballots for any ensuing
be valid for any primary, special primary, general election, or
special election conducted during the same calendar year in which from
the time the application is received through the next two regularly scheduled
general elections for federal office held after the date on which the
application is received.
(e) There shall be no limitation of time for filing and
receiving applications for ballots under sections 203B.16 to 203B.27.
Subd. 2. [REQUIRED
INFORMATION.] An application shall be accepted if it contains the following
information stated under oath:
(a) The voter's name, birthdate, and present address of
residence in Minnesota, or former address of residence in Minnesota if the
voter is living permanently outside the United States;
(b) A statement indicating that the voter is in the military,
or is the spouse or dependent of an individual serving in the military, or is
temporarily outside the territorial limits of the United States, or is living
permanently outside the territorial limits of the United States and voting
under federal law;
(c) A statement that the voter expects to be absent from the
precinct at the time of the election;
(d) The address to which absentee ballots are to be mailed;
(e) The voter's signature or the signature and relationship of
the individual authorized to apply on the voter's behalf; and
(f) The voter's military identification card number, passport
number, or, if the voter does not have a valid passport or identification card,
the signed statement of an individual authorized to administer oaths or a
commissioned or noncommissioned officer of the military not below the rank of
sergeant or its equivalent, certifying that the voter or other individual
requesting absentee ballots has attested to the truthfulness of the contents of
the application under oath.
The oath taken must be the standard oath prescribed by
section 101(b)(7) of the Uniformed and Overseas Citizens Absentee Voting Act.
A form for providing this information shall be prepared by each
county auditor and shall be furnished to individuals who request it pursuant to
this section.
Sec. 16. Minnesota
Statutes 2002, section 203B.19, is amended to read:
203B.19 [RECORDING APPLICATIONS.]
Upon accepting an application, the county auditor shall record in
the statewide registration system the voter's name, address of present or
former residence in Minnesota, mailing address, school district number, and county
auditor shall retain the record for the
category under section 203B.16, to which the voter belongs whether the
voter is in the military or the spouse or dependent of an individual serving in
the military, is a voter temporarily outside the territorial limits of the
United States, or is living permanently outside the territorial limits of the
United States and voting under federal law. The four six years. A voter whose name is recorded as provided
in this section shall not be required to register under any other provision of
law in order to vote under sections 203B.16 to 203B.27. Persons from whom applications are not
accepted must be notified by the county auditor and provided with the reasons
for the rejection.
No later than 60 days after the general election, the county
auditor shall report to the secretary of state the combined number of absentee
ballots transmitted to absent voters described in section 203B.16. No later than 60 days after the general
election, the county auditor shall report to the secretary of state the
combined number of absentee ballots returned and cast by absent voters
described in section 203B.16. The
secretary of state may require the information be reported by category under
section 203B.16 or by precinct.
No later than 90 days after the general election, the
secretary of state shall report to the federal Election Assistance Commission
the number of absentee ballots transmitted to voters under section 203B.16.
Sec. 17. Minnesota
Statutes 2002, section 203B.26, is amended to read:
203B.26 [SEPARATE RECORD.]
A separate record of the ballots of absent voters cast under
sections 203B.16 to 203B.27 shall must be kept in each
precinct. The content of the record
must be in a form prescribed by the secretary of state.
Sec. 18. Minnesota
Statutes 2002, section 204B.47, is amended to read:
204B.47 [ALTERNATE ALTERNATIVE ELECTION
PROCEDURES; DUTIES OF SECRETARY OF STATE.]
When a provision of the Minnesota Election Law cannot be
implemented as a result of an order of a state or federal court, the secretary
of state shall adopt alternate alternative election procedures to
permit the administration of any election affected by the order. The procedures may include the voting and
handling of ballots cast after 8:00 p.m. as a result of a state or federal
court order or any other order extending the time established by law for
closing the polls. The alternate
alternative election procedures remain in effect until the first day of
July following the next succeeding final adjournment of the legislature, unless
otherwise provided by law or by court order.
Sec. 19. [204C.50]
[POSTELECTION SECURITY AND CERTIFICATION REVIEW.]
Subdivision 1.
[SELECTION FOR REVIEW; NOTICE.] (a) The Office of the Secretary of
State shall, within three days after each state general election beginning in
2006, randomly select 80 precincts for postelection review as defined in this
section. The precincts must be selected
so that an equal number of precincts are selected in each congressional
district of the state. Of the precincts
in each congressional district, at least five must have had more than 500 votes
cast, and at least two must have had fewer than 500 votes cast. The secretary of state must promptly provide
notices of which precincts are chosen to the election administration officials
who are responsible for the conduct of elections in those precincts.
(b) One week before the state general election beginning in
2006, the secretary of state must post on the office Web site the date, time,
and location at which precincts will be randomly chosen for review under this
section. The chair of each major
political party may appoint a designee to observe the random selection process.
Subd. 2. [SCOPE
AND CONDUCT OF THE REVIEW.] Each review must consist of at least the
following:
(a) The election officials immediately responsible for a
precinct chosen for review must conduct the following review and submit the
results in writing to the state canvassing board before it meets to canvass the
election:
(1) a hand tally of the paper ballots, of whatever kind
used in that precinct, for each contested election;
(2) a recount using the actual machine and software used on
election day, if a precinct-count or central-count automated voting system was
used; and
(3) a comparison of the hand tally with the reported results
for the precinct in the county canvassing board report, as well as the actual
tape of any automated tabulation produced by any precinct-count or
central-count optical scan equipment that may have been used to tabulate votes cast
in that precinct.
(b) The staff of the Office of the Secretary of State shall
conduct or directly supervise a review of the procedures used by the election
officials at all levels for a precinct chosen for review, including an
inspection of the materials retained for the official 22-month retention
period, such as the rosters, the incident log, and the ballots themselves. The staff must submit a written report to
the secretary of state before the next regularly scheduled meeting of the State
Canvassing Board.
Subd. 3.
[STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING EQUIPMENT.] Each
comparison of the precinct-count or central-count tabulating equipment system
with the review described in subdivision 2, paragraph (a), must be accurate to
within one-half of one percent variation for each contested election. If any review conducted under subdivision 2,
paragraph (a), reveals a discrepancy greater than one-half of one percent, the
Office of the Secretary of State shall as soon as practicable conduct an
additional review of at least ten percent of the tabulating equipment used in
the jurisdiction of the election for which the discrepancy was discovered. If this review results in a discrepancy
greater than the one-half percent standard, the Office of the Secretary of
State must conduct a complete audit of the election for which the discrepancy
was discovered. If a complete audit
must be conducted, the results of the audit must be used by the canvassing
board in making its report and determinations of persons elected and
propositions rejected or approved. If a
voting system is found to have failed to record votes in a manner that
indicates electronic operational failure, the canvassing board must use the
voter-verifiable audit records to determine the votes cast on the system,
unless the audit records were also impaired by the operational failure of the
voting machine. Notwithstanding section
204C.33, subdivision 3, the result of any election subject to this audit must
not be declared until the audit is completed.
Subd. 4.
[STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION JUDGES AND
ADMINISTRATORS.] Each comparison of materials and documents generated in the
course of the election in the selected precinct is expected to reveal no
substantive errors and a minimum of technical issues by election judges and
administrators.
Subd. 5.
[FAILURE TO MEET STANDARDS.] (a) If a voting system fails to meet the
standard set forth in subdivision 3, the manufacturer of the model of machine
in question must obtain recertification pursuant to section 206.57 and rules
adopted under that section, and is liable for penalties under section 206.66.
(b) If election judges or administrators fail to meet the
standard in subdivision 4, the judges and administrators for the county where
the precinct is located must attend training designed to eliminate the errors
causing the failure. The Office of the
Secretary of State must consider whether those errors or issues warrant
inclusion in the statewide training programs conducted by the Office of the
Secretary of State.
Subd. 6. [COSTS
OF REVIEW.] The costs of conducting the review required by this section must
be allocated as follows:
(a) The county or municipality responsible for each precinct
selected for review must bear costs incurred under subdivision 2, paragraph
(a).
(b) The secretary of state must bear the costs incurred
under subdivision 2, paragraph (b), and subdivision 3, including travel,
expenses, and staff time of the Office of the Secretary of State.
Sec. 20. Minnesota
Statutes 2002, section 206.57, is amended by adding a subdivision to read:
Subd. 5. [VOTING
SYSTEM FOR DISABLED VOTERS.] After December 31, 2005, the voting method used
in each polling place must include a voting system that is accessible for
individuals with disabilities, including nonvisual accessibility for the blind
and visually impaired in a manner that provides the same opportunity for access
and participation, including privacy and independence, as for other voters.
Sec. 21. Minnesota
Statutes 2002, section 206.57, is amended by adding a subdivision to read:
Subd. 6.
[REQUIRED CERTIFICATION.] In addition to the requirements in
subdivision 1, a voting system must be certified by an independent testing
authority approved by the secretary of state and conform to current standards
for voting equipment issued by the Federal Election Commission or its
successor, the Election Assistance Commission.
Sec. 22. Minnesota
Statutes 2002, section 206.81, is amended to read:
206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]
(a) The secretary of state may license approve an
electronic voting system for experimental use at an election prior to its
approval for general use.
(b) The secretary of state must license approve one
or more touch-sensitive direct recording electronic voting systems for
experimental use at an election before their approval for general use and may
impose restrictions on their use. At
least one voting system licensed approved under this paragraph
must permit sighted persons to vote and at least one system must permit a blind
or visually impaired voter to cast a ballot independently and privately.
(c) Experimental use must be observed by the secretary of state
or the secretary's designee and the results observed must be considered at any
subsequent proceedings for approval for general use.
(d) The secretary of state may adopt rules consistent with
sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be determined
by the secretary of state.
Sec. 23. [AGREEMENTS.]
Subdivision 1.
[COMMISSIONER OF HEALTH.] The secretary of state and the commissioner
of health shall determine by mutual agreement the means to electronically
transfer death records between agency systems.
Subd. 2. [STATE
COURT ADMINISTRATOR.] The secretary of state and the state court
administrator shall determine by mutual agreement the means to electronically
transfer guardianship and incompetency records and felony conviction records between
agency systems.
Subd. 3.
[COMMISSIONER OF PUBLIC SAFETY.] The commissioner of public safety
and the secretary of state shall determine by mutual agreement the means to
electronically transfer driver's license records between agency systems.
Sec. 24. [EFFECTIVE
DATE.]
This article is effective the day following final enactment.
ARTICLE 3
ELECTIONS
ADMINISTRATION TECHNICAL CHANGES
Section 1. Minnesota
Statutes 2002, section 5.08, is amended to read:
5.08 [LEGISLATIVE MANUAL.]
Subdivision 1.
[PREPARATION.] The secretary of state shall prepare, compile, edit, and
distribute for use at each regular legislative session, a convenient manual,
properly indexed, and containing: The
federal and state constitutions; the acts of Congress relating to the
organization of the territory and state; the rules of order and joint rules of
the two houses, and lists of their members, committees and employees; the names
of all state officials, whether elected or appointed, and of all persons
holding office from this state under the national government, including
postmasters appointed by the president; the places where the said several
officials reside, and the annual compensation of each; and statistical and
other information of the kind heretofore published in the legislative manuals.
Subd. 2.
[DISTRIBUTION.] 15,000 10,000 copies of the legislative
manual shall be printed and distributed as follows:
(1) up to 25 20 copies shall be available to each
member of the legislature on request;
(2) 50 copies to the State Historical Society;
(3) 25 copies to the state university;
(4) 60 copies to the state library;
(5) two copies each to the Library of Congress, the Minnesota
veterans home homes, the state universities, the state
high schools, the public academies, seminaries, and colleges of the
state, and the free public libraries of the state;
(6) one copy each to other state institutions, the elective
state officials, the appointed heads of departments, the officers and employees
of the legislature, the justices of the Supreme Court, the judges of the Court
of Appeals and the district court, the senators and representatives in Congress
from this state, and the county auditors, recorders, and county attorneys;
(7) one copy to each public school, to be distributed
through the superintendent of each school district; and
(8) the remainder may be disposed of as the secretary of state
deems best.
Sec. 2. Minnesota
Statutes 2002, section 15.0597, subdivision 2, is amended to read:
Subd. 2. [COLLECTION OF
DATA.] The chair of an existing agency or the chair's designee, or the
appointing authority for the members of a newly created agency, shall provide
the secretary, on forms in an electronic format prepared and
distributed by the secretary, with the following data pertaining to that
agency:
(1) the name of the agency, its mailing address, and telephone
number;
(2) the legal authority for the creation of the agency and the
name of the person appointing agency members;
(3) the powers and duties of the agency;
(4) the number of authorized members, together with any
prescribed restrictions on eligibility such as employment experience or
geographical representation;
(5) the dates of commencement and expiration of the membership terms
and the expiration date of the agency, if any;
(6) the compensation of members, and appropriations or other
funds available to the agency;
(7) the regular meeting schedule, if any, and approximate
number of hours per month of meetings or other activities required of members;
(8) the roster of current members, including mailing addresses,
electronic mail addresses, and telephone numbers; and
(9) a breakdown of the membership showing distribution by
county, legislative district, and congressional district, and, only if the
member has voluntarily supplied the information, the sex, political party
preference or lack of party preference, race, and national origin of the
members.
The secretary may provide for require the
submission of data in accordance with this subdivision by electronic
means. The publication requirement
under clause (8) may be met by publishing a member's home or business address
and telephone number, the address and telephone number of the agency to which
the member is appointed, the member's electronic mail address, if provided, or
any other information that would enable the public to communicate with the
member.
Sec. 3. Minnesota
Statutes 2002, section 15.0597, subdivision 3, is amended to read:
Subd. 3. [PUBLICATION
OF AGENCY DATA.] The secretary of state shall provide for annual updating of
the required data and shall annually arrange for the publication in the
State Register on the Web site of the secretary of state of the
compiled data from all agencies on or about October 15 of each year. Copies of The compilation must be electronically
delivered to the governor and the legislature.
Paper copies of the compilation must be made available by the
secretary to any interested person at cost, and copies must be available for
viewing by interested persons. The
chair of an agency who does not submit data required by this section or who
does not notify the secretary of a vacancy in the agency, is not eligible for a
per diem or expenses in connection with agency service until December 1 of the
following year.
Sec. 4. Minnesota
Statutes 2002, section 15.0597, subdivision 4, is amended to read:
Subd. 4. [NOTICE OF
VACANCIES.] The chair of an existing agency, shall notify the secretary by
electronic means of a vacancy scheduled to occur in the agency as a result
of the expiration of membership terms at least 45 days before the vacancy
occurs. The chair of an existing agency
shall give notice of vacancy. One copy of the listing shall be made
available at the office of the secretary to any interested person. The secretary shall distribute by mail or
electronic means copies of the listings to requesting persons. The listing for all vacancies scheduled to
occur in the month of January shall be published written electronic notification to the secretary of
each vacancy occurring as a result of newly created agency positions and of
every other vacancy occurring for any reason other than the expiration of
membership terms as soon as possible upon learning of the vacancy and in any
case within 15 days after the occurrence of the vacancy. The appointing authority for newly created
agencies shall give written electronic notification to the
secretary of all vacancies in the new agency within 15 days after the creation
of the agency. The secretary may provide
for require the submission of notices required by this subdivision
by electronic means. The secretary
shall publish monthly in the State Register on the Web site of the
secretary of state a list of all vacancies of which the secretary has been
so notified. Only one notice of a
vacancy shall be so published, unless the appointing authority rejects all
applicants and requests the secretary to republish the in the State Register on
the Web site of the secretary of state together with the compilation of
agency data required to be published pursuant to subdivision 3.
If a vacancy occurs within three months after an appointment is
made to fill a regularly scheduled vacancy, the appointing authority may, upon
notification by electronic means to the secretary, fill the vacancy by
appointment from the list of persons submitting applications to fill the
regularly scheduled vacancy.
Sec. 5. Minnesota
Statutes 2002, section 15.0597, subdivision 5, is amended to read:
Subd. 5. [NOMINATIONS
FOR VACANCIES.] Any person may make a self-nomination for appointment to an
agency vacancy by completing an application on a form prepared and distributed
by the secretary. The secretary may
provide for the submission of the application by electronic means. Any person or group of persons may, on the
prescribed application form, nominate another person to be appointed to a
vacancy so long as the person so nominated consents in writing on the
application form to the nomination. The
application form shall specify the nominee's name, mailing address, electronic
mail address, telephone number, preferred agency position sought, a
statement that the nominee satisfies any legally prescribed qualifications, a
statement whether the applicant has ever been convicted of a felony, and
any other information the nominating person feels would be helpful to the
appointing authority. The nominating
person has the option of indicating the nominee's sex, political party
preference or lack thereof, status with regard to disability, race, and
national origin on the application form.
The application form shall make the option known. If a person submits an application at the
suggestion of an appointing authority, the person shall so indicate on the
application form. Twenty-one days after
publication of a vacancy in the State Register on the Web site of the
secretary of state pursuant to subdivision 4, the secretary shall submit electronic
copies of all applications received for a position to the appointing authority
charged with filling the vacancy. If no
applications have been received by the secretary for the vacant position by the
date when electronic copies must be submitted to the appointing
authority, the secretary shall so inform the appointing authority. Applications received by the secretary shall
be deemed to have expired one year after receipt of the application. An application for a particular agency
position shall be deemed to be an application for all vacancies in that agency
occurring prior to the expiration of the application and shall be public
information.
Sec. 6. Minnesota
Statutes 2002, section 15.0597, subdivision 6, is amended to read:
Subd. 6.
[APPOINTMENTS.] In making an appointment to a vacant agency position,
the appointing authority shall consider applications for positions in that
agency supplied by the secretary. No
appointing authority may appoint someone to a vacant agency position until (1)
ten days after receipt of the applications for positions in that agency from
the secretary or (2) receipt of notice from the secretary that no applications
have been received for vacant positions in that agency. At least five days before the date of
appointment, the appointing authority shall issue a public announcement and
inform the secretary in writing by electronic means of the name
of the person the appointing authority intends to appoint to fill the agency
vacancy and the expiration date of that person's term. If the appointing authority intends to
appoint a person other than one for whom an application was submitted pursuant
to this section, the appointing authority shall complete an application form on
behalf of the appointee and submit it to the secretary indicating on the
application that it is submitted by the appointing authority.
Sec. 7. Minnesota
Statutes 2002, section 15.0597, subdivision 7, is amended to read:
Subd. 7. [REPORT.]
Together with the compilation required in subdivision 3, the secretary shall
annually deliver to the governor and the legislature a report in an
electronic format containing the following information:
(1) the number of vacancies occurring in the preceding year;
(2) the number of vacancies occurring as
a result of scheduled ends of terms, unscheduled vacancies and the creation of
new positions;
(3) breakdowns by county, legislative district, and
congressional district, and, if known, the sex, political party preference or
lack thereof, status with regard to disability, race, and national origin, for
members whose agency membership terminated during the year and appointees to
the vacant positions; and
(4) the number of vacancies filled from applications submitted
by (i) the appointing authorities for the positions filled, (ii) nominating
persons and self-nominees who submitted applications at the suggestion of
appointing authorities, and (iii) all others.
Sec. 8. Minnesota
Statutes 2002, section 15.0599, subdivision 4, is amended to read:
Subd. 4. [REGISTRATION;
INFORMATION REQUIRED.] (a) The appointing authority of a newly established
agency or the authority's designee shall provide the secretary with the
following information:
(1) the name, mailing address, electronic mail address,
and telephone number of the agency;
(2) the legal authority for the establishment of the agency and
the name and the title of the person or persons appointing agency members;
(3) the powers and duties of the agency and whether the agency,
however designated, is best described by section 15.012, paragraph (a), (b),
(c), (e), or (f);
(4) the number of authorized members, together with any
prescribed restrictions on eligibility;
(5) the roster of current members, including mailing addresses,
electronic mail addresses, and telephone numbers;
(6) a breakdown of the membership showing distribution by
county, legislative district, and congressional district and compliance with
any restrictions listed in accordance with clause (4);
(7) if any members have voluntarily provided the information,
the sex, age, political preference or lack of preference, status with regard to
disability, race, and national origin of those members;
(8) the dates of commencement and expiration of membership
terms and the expiration date of the agency, if any;
(9) the compensation of members and appropriations or other
money available to the agency;
(10) the name of the state agency or other entity, if any,
required to provide staff or administrative support to the agency;
(11) the regular meeting schedule, if any, and the approximate
number of hours a month of meetings or other activities required of members;
and
(12) a brief statement of the goal or purpose of the agency,
along with a summary of what an existing agency has done, or what a newly
established agency plans to do to achieve its goal or purpose.
The publication requirement under clause
(5) may be met by publishing a member's home or business address and telephone
number, the address and telephone number of the agency to which the member is
appointed, the member's electronic mail address, or any other information that
would enable the public to communicate with the member.
(b) The chair of an existing agency or the chair's designee
shall provide information, covering the fiscal year in which it is registering,
on the number of meetings it has held, its expenses, and the number of staff
hours, if any, devoted to its support.
The chair or designee shall also, if necessary, update any of the
information previously provided in accordance with paragraph (a).
(c) The secretary shall provide electronic forms for the
reporting of information required by this subdivision and may provide for
require reporting by electronic means.
Sec. 9. Minnesota
Statutes 2003 Supplement, section 126C.17, subdivision 9, is amended to read:
Subd. 9. [REFERENDUM
REVENUE.] (a) The revenue authorized by section 126C.10, subdivision 1, may be
increased in the amount approved by the voters of the district at a referendum
called for the purpose. The referendum
may be called by the board or shall be called by the board upon written
petition of qualified voters of the district.
The referendum must be conducted one or two calendar years before the
increased levy authority, if approved, first becomes payable. Only one election to approve an increase may
be held in a calendar year. Unless the
referendum is conducted by mail under paragraph (g), the referendum must be
held on the first Tuesday after the first Monday in November. The ballot must state the maximum amount of
the increased revenue per resident marginal cost pupil unit, the estimated
referendum tax rate as a percentage of referendum market value in the first
year it is to be levied, and that the revenue must be used to finance school
operations. The ballot may state a
schedule, determined by the board, of increased revenue per resident marginal
cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized.
If the ballot contains a schedule showing different amounts, it must
also indicate the estimated referendum tax rate as a percent of referendum
market value for the amount specified for the first year and for the maximum
amount specified in the schedule. The
ballot may state that existing referendum levy authority is expiring. In this case, the ballot may also compare
the proposed levy authority to the existing expiring levy authority, and
express the proposed increase as the amount, if any, over the expiring
referendum levy authority. The ballot
must designate the specific number of years, not to exceed ten, for which the
referendum authorization applies. The
notice required under section 275.60 may be modified to read, in cases of
renewing existing levies:
"BY
VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A
PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the information
required in this subdivision and a question stating substantially the
following:
"Shall the increase in the revenue proposed by (petition
to) the board of ......... , School District No. .... , be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal cost pupil units
for the school year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a subsequent
referendum.
(b) The board must prepare and deliver by first class mail at
least 15 days but no more than 30 days before the day of the referendum to each
taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice
to any taxpayer. For the purpose of
giving mailed notice under this subdivision, owners
must be those shown to be owners on the records of the county auditor or, in
any county where tax statements are mailed by the county treasurer, on the
records of the county treasurer. Every
property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the
owner has requested in writing that the county auditor or county treasurer, as
the case may be, include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars and annual percentage for typical
residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district. The notice is not an official ballot.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount of increase over
the existing referendum levy in the first year, if any, in annual dollars and
annual percentage for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will result
in an increase in your property taxes."
However, in cases of renewing existing levies, the notice may include
the following statement: "Passage
of this referendum may result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing the
increased revenue amount authorized pursuant to paragraph (a) may be called by
the board and shall be called by the board upon the written petition of
qualified voters of the district. A
referendum to revoke or reduce the revenue amount must state the amount per
resident marginal cost pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of
the district pursuant to paragraph (a) must be available to the school district
at least once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only
one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective
if signed by a number of qualified voters in excess of 15 percent of the
registered voters of the district on the day the petition is filed with the
board. A referendum invoked by petition
must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the
question is required to pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under paragraph (b) to the
commissioner and to the county auditor of each county in which the district is
located. Within 15 days after the
results of the referendum have been certified by the board, or in the case of a
recount, the certification of the results of the recount by the canvassing board,
the district must notify the commissioner of the results of the referendum.
Sec. 10. Minnesota
Statutes 2002, section 201.161, is amended to read:
201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD
APPLICATIONS.]
The Department of Public Safety shall change its applications
for an original, duplicate, or change of address driver's license or
identification card so that the forms may also serve as voter registration cards
applications. The forms must
contain spaces for the all information required in section
201.071, subdivision 1, and applicable rules of collected by voter
registration applications prescribed by the secretary of state. Applicants for driver's licenses or
identification cards must be asked if they want to register to vote at the same
time. A copy of each application
containing a completed voter registration must be sent to the county auditor of
the county in which the voter maintains residence or to the secretary of state
as soon as possible. The computerized
driver's license record information relating to name, address, date of birth,
driver's license number, county, town, and city must be made available for
access by the secretary of state and interaction with the statewide voter
registration system.
Sec. 11.
Minnesota Statutes 2002, section 201.1611, subdivision 1, is amended to
read:
Subdivision 1. [FORMS.]
All postsecondary institutions that enroll students accepting state or federal
financial aid shall provide voter registration forms to each student as early
as possible in the fall quarter. All
school districts shall make available voter registration applications each May
and September to all students registered as students of the school district who
will be eligible to vote at the next election after those months. A school district has no obligation to
provide voter registration applications to students who participate in a
postsecondary education option program or who otherwise reside in the district
but do not attend a school operated by the district. A school district fulfills its obligation to a student under this
section if it provides a voter registration application to the student one
time. The forms must contain spaces
for the information required in section 201.071, subdivision 1, and applicable
rules of the secretary of state. The
institutions and school districts may request these forms from the
secretary of state. Institutions shall
consult with their campus student government in determining the most effective
means of distributing the forms and in seeking to facilitate election day
registration of students under section 201.061, subdivision 3. School districts must advise students
that completion of the voter registration applications is not a school district
requirement.
Sec. 12. Minnesota Statutes
2002, section 201.171, is amended to read:
201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION
REMOVED.]
Within six weeks after every election, the county auditor shall
post the voting history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the
preceding four years and shall change the status of those registrants to
"inactive" in the statewide registration system. The secretary of state shall also prepare a
report to the county auditor containing the names of all registrants whose
status was changed to "inactive."
Registrants whose status was changed to "inactive"
must register in the manner specified in section 201.054 before voting in any
primary, special primary, general, school district, or special election, as
required by section 201.018.
Although not counted in an election, a late absentee ballot
must be considered a vote for the purpose of continuing registration.
Sec. 13. Minnesota
Statutes 2002, section 201.221, subdivision 3, is amended to read:
Subd. 3. [PROCEDURES
FOR POLLING PLACE ROSTERS.] The secretary of state shall prescribe the form of
polling place rosters that include the voter's name, address, date of birth,
school district number, and space for the voter's signature. The polling place roster must be used to
indicate whether the voter has voted in a given election. The secretary of state shall prescribe
procedures for transporting the polling place rosters to the election judges
for use on election day. The
secretary of state shall prescribe the form for a county or municipality to
request the date of birth from currently registered voters. The county or municipality shall not request
the date of birth from currently registered voters by any communication other
than the prescribed form and the form must clearly indicate that a currently
registered voter does not lose registration status by failing to provide the
date of birth. In accordance with
section 204B.40, the county auditor shall retain the prescribed polling place
rosters used on the date of election for one year 22 months
following the election.
Sec. 14. Minnesota
Statutes 2002, section 202A.14, subdivision 3, is amended to read:
Subd. 3. [NOTICE.] The
county or legislative district chair shall give at least six days' published
notice of the holding of the precinct caucus, stating the place, date, and time
for holding the caucus, and shall deliver the same information to the municipal
clerk and county auditor at least 20 days before the precinct caucus. The county auditor shall make this
information available at least ten days before the date of the caucuses
to persons who request it.
Sec. 15. Minnesota
Statutes 2002, section 203B.085, is amended to read:
203B.085 [COUNTY AUDITOR'S OFFICE AND MUNICIPAL
CLERK'S OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.]
The county auditor's office in each county and the clerk's
office in each city or town authorized under section 203B.05 to administer
absentee balloting must be open for acceptance of absentee ballot
applications and casting of absentee ballots from 10:00 a.m. to 3:00 p.m. on
Saturday and until 5:00 p.m. on Monday the day immediately
preceding a primary, special, or general election unless that day falls on a
Saturday or Sunday. Town clerks'
offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the
Saturday before a town general election held in March. The school district clerk, when performing
the county auditor's election duties, need not comply with this section.
Sec. 16. Minnesota
Statutes 2002, section 203B.125, is amended to read:
203B.125 [SECRETARY OF STATE TO MAKE RULES.]
Subdivision 1.
[AUTHORIZED RULEMAKING.] The secretary of state shall adopt rules
establishing methods and procedures for issuing ballot cards and related
absentee forms to be used as provided in section 203B.08, subdivision 1a, and
for the reconciliation of voters and ballot cards before tabulation under
section 203B.12.
Subd. 2.
[EMERGENCY PROCEDURES.] The secretary of state may designate
alternate methods for handling absentee ballots during periods of declared
national or state emergency as described by section 12.31. This authority is exempt from the
requirements of chapter 14.
Sec. 17. Minnesota
Statutes 2002, section 204B.06, subdivision 1, is amended to read:
Subdivision 1. [FORM OF
AFFIDAVIT.] (a) An affidavit of candidacy shall state the name of the office
sought and shall state that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a candidate for any
office at the same primary or next ensuing general election, except that a
candidate for soil and water conservation district supervisor in a district not
located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County,
may also have on file an affidavit of candidacy for mayor or council member of
a statutory or home rule charter city of not more than 2,500 population contained
in whole or in part in the soil and water conservation district or for town
supervisor in a town of not more than 2,500 population contained in whole or in
part in the soil and water conservation district; and
(3) is, or will be on assuming the office, 21 years of age or
more, and will have maintained residence in the district from which the
candidate seeks election for 30 days before the general election.
An affidavit of candidacy must include a statement that the
candidate's name as written on the affidavit for ballot designation is the
candidate's true name or the name by which the candidate is commonly and
generally known in the community.
An affidavit of candidacy for partisan office shall also state
the name of the candidate's political party or political principle, stated in
three words or less.
(b) This subdivision does not apply to a candidate Candidates
for president or vice-president of the United States are not required to
file an affidavit of candidacy for office and this subdivision does not apply
to those candidates.
Sec. 18. Minnesota
Statutes 2002, section 204B.07, subdivision 2, is amended to read:
Subd. 2. [PETITIONS FOR
PRESIDENTIAL ELECTORS.] This subdivision does not apply to candidates for
presidential elector nominated by major political parties. Major party candidates for presidential
elector are certified under section 208.03.
Other presidential electors are nominated by petition pursuant to this
section. On petitions nominating
presidential electors, the names of the candidates for president and
vice-president shall be added to the political party or political principle
stated on the petition. One petition
may be filed to nominate a slate of presidential electors equal in number to
the number of electors to which the state is entitled. This subdivision does not apply to
candidates for presidential elector nominated by major political parties. Major party candidates for presidential
elector are certified under section 208.03.
Sec. 19. Minnesota
Statutes 2002, section 204B.09, subdivision 1, is amended to read:
Subdivision 1.
[CANDIDATES IN STATE AND COUNTY GENERAL ELECTIONS.] (a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating
petitions for county, state, and federal offices filled at the state general
election shall be filed not more than 70 days nor less than 56 days before the
state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens
and the last day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of
candidacy must be signed in the presence of a notarial officer or an individual
authorized to administer oaths under section 358.10.
(c) This provision does not apply to candidates for
presidential elector nominated by major political parties. Major party candidates for presidential
elector are certified under section 208.03.
Other candidates for presidential electors may file petitions on or
before the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies in
nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted
later than 5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for offices to be voted on in only
one county shall be filed with the county auditor of that county. Affidavits and petitions for offices to be
voted on in more than one county shall be filed with the secretary of state.
Sec. 20. Minnesota
Statutes 2002, section 204B.09, subdivision 3, is amended to read:
Subd. 3. [WRITE-IN
CANDIDATES.] (a) A candidate for state or federal office who wants write-in
votes for the candidate to be counted must file a written request with the
filing office for the office sought no later than the fifth day before
the general election. The filing
officer shall provide copies of the form to make the request.
(b) A candidate for president of the United States who files a
request under this subdivision must include the name of a candidate for
vice-president of the United States.
The request must also include the name of at least one candidate for
presidential elector. The total number
of names of candidates for presidential elector on the request may not exceed
the total number of electoral votes to be cast by Minnesota in the presidential
election.
(c) A candidate for governor who files a request under this
subdivision must include the name of a candidate for lieutenant governor.
Sec. 21. Minnesota
Statutes 2002, section 204B.16, subdivision 3, is amended to read:
Subd. 3. [DESIGNATION
EFFECTIVE UNTIL CHANGED.] The designation of a polling place pursuant to this
section shall remain effective until a different polling place is designated
for that precinct. No designation of a
new or different polling place shall become effective less than 90 days prior
to an election, including school district elections or referenda,
Sec. 22. Minnesota
Statutes 2002, section 204B.19, subdivision 1, is amended to read:
Subdivision 1.
[INDIVIDUALS QUALIFIED TO BE ELECTION JUDGES.] Except as provided in
subdivision 6, any individual who is eligible to vote in an election
precinct this state is qualified to be appointed as an election
judge for that precinct subject to this section. If the files of the appointing authority
do not contain sufficient voters within a precinct who are qualified and
willing to serve as election judges, election judges may be appointed who
reside in another precinct in the same municipality, or for school district elections,
in the same school district, whether or not the precinct where they reside is
in the same county as the precinct where they will serve. If there are not sufficient voters within
the municipality or school district who are qualified and willing to serve as
election judges, election judges may be appointed who reside in the county
where the precinct is located.
Sec. 23. Minnesota
Statutes 2002, section 204B.19, subdivision 6, is amended to read:
Subd. 6. [HIGH SCHOOL
STUDENTS.] Notwithstanding any other requirements of this section, a student
enrolled in a high school in Minnesota or who is in a homeschool in
compliance with sections 120A.22 and 120A.24, who has attained the age of
16 is eligible to be appointed as a without party affiliation trainee election
judge in the county in which the student resides. The student must meet qualifications for trainee election judges
specified in rules of the secretary of state.
A student appointed as a trainee election judge may be excused from
school attendance during the hours that the student is serving as a trainee
election judge if the student submits a written request signed and approved by
the student's parent or guardian to be absent from school and a certificate
from the appointing authority stating the hours during which the student will
serve as a trainee election judge to the principal of the school at least ten
days prior to the election. Students
shall not serve as trainee election judges after 10:00 p.m. Notwithstanding section 177.24 to the
contrary, trainee election judges may be paid not less than two-thirds of the
minimum wage for a large employer. The
principal of the school may approve a request to be absent from school
conditioned on acceptable academic performance and the requirement that the
student must have completed or be enrolled in a course of study in government
at the time of service as a trainee election judge.
Sec. 24. Minnesota
Statutes 2002, section 204B.22, is amended by adding a subdivision to read:
Subd. 4. [ELECTION
JUDGE TRAINEES NOT COUNTED TOWARD MINIMUM NUMBER OF ELECTION JUDGES.] The
presence or participation of election judge trainees must not be counted toward
satisfying any of the required numbers of election judges in this chapter.
Sec. 25. Minnesota
Statutes 2002, section 204B.36, subdivision 4, is amended to read:
Subd. 4. [JUDICIAL
CANDIDATES.] The official ballot shall contain the names of all candidates for
each judicial office and shall state the number of those candidates for whom a
voter may vote. Each seat for an
associate justice, associate judge, or judge of the district court must be
numbered. The words "SUPREME
COURT," "COURT OF APPEALS," and "(number) DISTRICT
COURT" must be printed above the respective judicial office groups on the
ballot. The title of each judicial
office shall be printed on the official primary and general election ballot as
follows:
(a) In the case of the Supreme Court:
"Chief justice - Supreme Court";
"Associate justice (number) - Supreme Court"
(b) In the case of the Court of Appeals:
"Judge (number) - Court of Appeals"; or
(c) In the case of the district court:
"Judge (number) - (number) district court."
Sec. 26. Minnesota
Statutes 2002, section 204B.41, is amended to read:
204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.]
When a vacancy in nomination occurs through the death or
catastrophic illness of a candidate after the 16th day before the general
election, the officer in charge of preparing the ballots shall prepare and distribute
a sufficient number of separate paper ballots which shall be headed with the
words "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the title of the office for which the
vacancy in nomination has been filled and the names of all the candidates
nominated for that office. The ballot
shall conform to the provisions governing the printing of other official
ballots as far as practicable. The
title of the office and the names of the candidates for that office shall be
blotted out or stricken from the regular ballots by the election judges. The official supplemental ballot shall be
given to each voter when the voter is given the regular ballot or is directed
to the voting machine. Regular ballots
shall not be changed nor shall official supplemental ballots be prepared as
provided in this section during the three six calendar days
before an election. Absentee ballots
that have been mailed prior to the preparation of official supplemental ballots
shall be counted in the same manner as if the vacancy had not occurred. Official supplemental ballots shall not
be mailed to absent voters to whom ballots were mailed before the official
supplemental ballots were prepared. Both an official supplemental ballot
and a replacement regular ballot from which the title of the office and names
of the candidates for that office have been blotted out or stricken as provided
in this section must be provided to each absentee voter or voter residing in a
precinct voting by mail who requests either of them under section 203B.06,
subdivision 3. The election judges
conducting absentee voting in health care facilities as provided in section
203B.11, subdivision 1, must deliver official supplemental ballots and
replacement regular ballots to those facilities no later than 5:00 p.m. on the
day before the election.
Sec. 27. Minnesota
Statutes 2002, section 204C.06, is amended by adding a subdivision to read:
Subd. 8. [ACCESS
FOR NEWS MEDIA.] The county auditor or municipal or school district clerk,
or their designee, may, by written authorization, permit news media
representatives to enter polling places for up to 15 minutes during voting
hours to observe the voting process. A
media representative must obtain prior authorization and present photo
identification to the head election judge upon arrival at the polling place and
must not otherwise:
(1) approach within six feet of an election judge or voter;
(2) converse with a voter while in the polling place;
(3) make a list of persons voting or not voting; or
(4) interview a voter within the polling place.
Sec. 28. Minnesota
Statutes 2002, section 204C.20, subdivision 2, is amended to read:
Subd. 2. [EXCESS
BALLOTS.] If two or more ballots are found folded together like a single
ballot, the election judges shall lay them aside until all the ballots in the
box have been counted. If it is evident
from the number of ballots to be counted that the ballots folded together were
cast by one voter, the election judges shall preserve but not count them. If the number of ballots in one box exceeds
the number to be counted, the election judges shall examine all the ballots in
the box to ascertain that all are properly marked with the initials of the
election judges. If any ballots are not
properly marked with the initials of the election judges, the election judges
shall preserve but not count them; however, if the number of ballots does
not exceed the number to be counted, the absence of either or both sets of
initials of the election judges does not, by itself, disqualify the vote from
being counted and must not be the basis of a challenge in a recount. If there is still an excess of properly
marked ballots, the election judges shall replace them in the box, and one
election judge, without looking, shall withdraw from the box a number of
ballots equal to the excess. The
withdrawn ballots shall not be counted but shall be preserved as provided in
subdivision 4.
Sec. 29. Minnesota
Statutes 2002, section 204C.33, subdivision 1, is amended to read:
Subdivision 1. [COUNTY
CANVASS.] The county canvassing board shall meet at the county auditor's office
on or before the seventh day following the state general election. After taking the oath of office, the board
shall promptly and publicly canvass the general election returns delivered to
the county auditor. Upon completion of
the canvass, the board shall promptly prepare and file with the county auditor
a report which states:
(a) The number of individuals voting at the election in the
county and in each precinct;
(b) The number of individuals registering to vote on election
day and the number of individuals registered before election day in each
precinct;
(c) The names of the candidates for each office and the number
of votes received by each candidate in the county and in each precinct,
including write-in candidates for state and federal office who have requested
under section 204B.09 that votes for those candidates be tallied;
(d) The number of votes counted for and against a proposed
change of county lines or county seat; and
(e) The number of votes counted for and against a
constitutional amendment or other question in the county and in each precinct.
The result of write-in votes cast on the general election
ballots must be compiled by the county auditor before the county canvass,
except that write-in votes for a candidate for state or federal office must not
be counted unless the candidate has timely filed a request under section
204B.09, subdivision 3. The county
auditor shall arrange for each municipality to provide an adequate number of
election judges to perform this duty or the county auditor may appoint
additional election judges for this purpose.
The county auditor may open the envelopes or containers in which the
voted ballots have been sealed in order to count and record the write-in votes
and must reseal the voted ballots at the conclusion of this process.
Upon completion of the canvass, the county canvassing board
shall declare the candidate duly elected who received the highest number of
votes for each county and state office voted for only within the county. The county auditor shall transmit one of the
certified copies of the county canvassing board report for state and federal
offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass.
Sec. 30. Minnesota
Statutes 2002, section 204C.35, is amended by adding a subdivision to read:
Subd. 3. [SCOPE
OF RECOUNT.] A recount conducted as provided in this section is limited in
scope to the determination of the number of votes validly cast for the office
to be recounted. Only the ballots cast
in the election and the summary statements certified by the election judges may
be considered in the recount process.
Sec. 31.
Minnesota Statutes 2002, section 204C.36, subdivision 1, is amended to
read:
Subdivision 1. [REQUIRED
AUTOMATIC RECOUNTS.] (a) Except as provided in paragraph (b), a
losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for the nomination or
election to that office if the difference between the vote cast for that
candidate and for a winning candidate for nomination or election is less than
one-half of one percent of the total votes counted for that office. In case of offices where two or more seats
are being filled from among all the candidates for the office, the one-half of
one percent difference is between the elected candidate with the fewest votes
and the candidate with the most votes from among the candidates who were not
elected.
(b) A losing candidate for nomination or election to a
county, municipal, or school district office may request a recount of the votes
cast for nomination or election to that office if the difference between the
vote cast for that candidate and for a winning candidate for nomination or
election is ten votes or less, and the total number of votes cast for the
nomination or election of all candidates is no more than 400. In cases of offices where two or more seats
are being filled from among all the candidates for the office, the ten vote
difference is between the elected candidate with the fewest votes and the
candidate with the most votes from among the candidates who were not elected.
(c) Candidates for county offices shall file a written
request for the recount with the county auditor. Candidates for municipal or school district offices shall file a
written request with the municipal or school district clerk as
appropriate. All requests shall be
filed during the time for notice of contest of the primary or election for
which a recount is sought.
(d) Upon receipt of a request made pursuant to this section,
the county auditor shall recount the votes for a county office at the expense
of the county, the governing body of the municipality shall recount the votes
for a municipal office at the expense of the municipality, and the school board
of the school district shall recount the votes for a school district office at
the expense of the school district.
(a) If the difference between the votes cast for the candidates for
nomination to a county, municipal, or school district office:
(1) is less than one-half of one percent of the total number
of votes counted for that nomination; or
(2) is ten votes or less and the total number of votes cast
for that nomination is 400 votes or less,
and the difference
determines the nomination, the canvassing board with responsibility for
declaring the results for that office must recount the vote. The scope of the recount is solely to
recount the votes counted on election day.
(b) In a general election, if the difference between the
votes of a candidate who would otherwise be declared elected to a county,
municipal, or school district office and the votes of any other candidate for
that office:
(1) is less than one-half of one percent of the total number
of votes counted for that office; or
(2) is ten votes or less if the total number of votes cast
for that office is 400 votes or less,
the canvassing board must
recount the votes. The scope of the
recount is solely to recount the votes counted on election day.
(c) In the case of offices where two or more seats are being
filled from among all the candidates for the office, the one-half of one
percent difference is between the elected candidate with the fewest votes and
the candidate with the most votes from among the candidates who were not
elected. In cases of offices where two
or more seats are being filled from among all the candidates for the office,
the ten vote difference is between the elected candidate with the fewest votes
and the candidate with the most votes from among the candidates who were not
elected.
(d) A recount must not delay any other
part of the canvass. The results of the
recount must be certified by the canvassing board as soon as possible.
(e) Time for notice of a contest for an office which is
recounted under this section begins to run on certification of the results of
the recount by the canvassing board.
(f) A losing candidate may waive a recount required under
this section by filing a written notice of waiver with the canvassing board.
(g) The county auditor must recount the votes for a county
office at the expense of the county, the governing body of the municipality
must recount the votes for a municipal office at the expense of the
municipality, and the school board of the school district must recount the
votes for a school district office at the expense of the school district.
Sec. 32. Minnesota
Statutes 2002, section 204C.36, subdivision 3, is amended to read:
Subd. 3. [DISCRETIONARY
BALLOT QUESTION RECOUNTS.] (a) A recount may must be
conducted for a ballot question when the difference between the votes for and
the votes against the question is less than or equal to the difference provided
in subdivision 1. The expenses for
the recount must be paid for by the political subdivision placing the question
on the ballot.
(b) In other cases, a recount may be requested by any
person eligible to vote on the ballot question. A written request for a recount must be filed with the filing
officer of the county, municipality, or school district placing the question on
the ballot and must be accompanied by a petition containing the signatures of
25 voters eligible to vote on the question.
If the difference between the votes for and the votes against the
question is greater than the difference provided in subdivision 1, The
person requesting the recount shall also file with the filing officer of the county,
municipality, or school district a bond, cash, or surety in an amount set by
the appropriate governing body for the payment of recount expenses. The written request, petition, and any bond,
cash, or surety required must be filed during the time for notice of contest
for the election for which the recount is requested.
Sec. 33. Minnesota
Statutes 2002, section 204C.36, is amended by adding a subdivision to read:
Subd. 6. [SCOPE
OF RECOUNT.] A recount conducted as provided in this section is limited in
scope to the determination of the number of votes validly cast for the office
or question to be recounted. Only the
ballots cast in the election and the summary statements certified by the
election judges may be considered in the recount process.
Sec. 34. Minnesota
Statutes 2002, section 204C.361, is amended to read:
204C.361 [RULES FOR RECOUNTS.]
(a) The secretary of state shall adopt rules according
to the Administrative Procedure Act establishing uniform recount
procedures. All recounts provided for
by sections 204C.35, 204C.36, and 206.88, shall be conducted in accordance with
these rules.
(b) Notwithstanding Minnesota Rules, part 8235.0800, the
requirement that ballots be recounted by precinct means that a recount official
shall maintain the segregation of ballots by precinct but the recount official
may recount more than one precinct at a time in physically separate locations
within the room in which the recount is administered.
Sec. 35.
Minnesota Statutes 2002, section 204D.14, is amended by adding a
subdivision to read:
Subd. 3.
[UNCONTESTED JUDICIAL OFFICES.] Judicial offices for which there is
only one candidate filed must appear after all judicial offices on the canary
ballot.
Sec. 36. [204D.169]
[EXAMPLE SUPPLEMENTAL BALLOT.]
When an official supplemental ballot must be used in a
general election in accordance with section 204B.41, the secretary of state
shall supply each auditor with a copy of an example supplemental ballot at
least three days prior to the election.
The example supplemental ballot must illustrate the format required for
the official supplemental ballot.
The county auditor shall distribute copies of the example
supplemental ballot to municipal and school district clerks in municipalities
and school districts holding elections that year. The official supplemental ballot must conform in all respects to
the example supplemental ballot.
Failure of the official supplemental ballot to conform may be reported
by any person to the county attorney in the same manner as provided by section
201.275.
Sec. 37. Minnesota
Statutes 2002, section 204D.27, subdivision 11, is amended to read:
Subd. 11. [CERTIFICATE
OF LEGISLATIVE ELECTION.] A certificate of election in a special election for
state senator or state representative shall be issued by the county auditor
or the secretary of state to the individual declared elected by the county
or state canvassing board two days, excluding Sundays and legal holidays, after
the appropriate canvassing board finishes canvassing the returns for the
election.
In case of a contest the certificate shall not be issued until
the district court determines the contest.
Sec. 38. Minnesota
Statutes 2002, section 205.02, subdivision 1, is amended to read:
Subdivision 1.
[MINNESOTA ELECTION LAW.] Except as expressly provided in this
chapter by law, the provisions of the Minnesota Election Law apply
to municipal elections, so far as practicable.
Sec. 39. Minnesota
Statutes 2002, section 205.075, is amended by adding a subdivision to read:
Subd. 3. [MORE
THAN ONE SEAT TO BE FILLED AT ANY ELECTION.] A candidate filing for town
supervisor when more than one seat is to be filled at an election held under
subdivision 2 must designate when filing the specific seat which the candidate
is seeking.
Sec. 40. Minnesota
Statutes 2002, section 205.16, subdivision 4, is amended to read:
Subd. 4. [NOTICE TO
AUDITOR.] At least 49 53 days prior to every municipal election,
the municipal clerk shall provide a written notice to the county auditor,
including the date of the election, the offices to be voted on at the election,
and the title and language for each ballot question to be voted on at the
election.
Sec. 41. Minnesota
Statutes 2002, section 205.16, is amended by adding a subdivision to read:
Subd. 5. [NOTICE
TO SECRETARY OF STATE.] At least 46 days prior to every municipal election
for which a notice is provided to the county auditor under subdivision 4, the
county auditor shall provide a notice of the election to the secretary of
state, in a manner and including information prescribed by the secretary of
state.
Sec. 42.
Minnesota Statutes 2002, section 205.185, subdivision 2, is amended to
read:
Subd. 2. [ELECTION,
CONDUCT.] A municipal election shall be by secret ballot and shall be held and
the returns made in the manner provided for the state general election, so
far as practicable except as expressly provided by law.
Sec. 43. Minnesota
Statutes 2002, section 205.185, subdivision 3, is amended to read:
Subd. 3. [CANVASS OF
RETURNS, CERTIFICATE OF ELECTION, BALLOTS, DISPOSITION.] (a) Within seven days
after an election, the governing body of a city conducting any election including
a special municipal election, or the governing body of a town conducting
the general election in November shall act as the canvassing board,
canvass the returns, and declare the results of the election. The governing body of a town conducting the
general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within two days after
an election.
(b) After the time for contesting elections has passed, the
municipal clerk shall issue a certificate of election to each successful
candidate. In case of a contest, the
certificate shall not be issued until the outcome of the contest has been
determined by the proper court.
(c) In case of a tie vote, the governing body canvassing
board having jurisdiction over the municipality shall determine the result
by lot. The clerk of the canvassing
board shall certify the results of the election to the county auditor, and
the clerk shall be the final custodian of the ballots and the returns of the
election.
Sec. 44. Minnesota
Statutes 2002, section 205A.02, is amended to read:
205A.02 [ELECTION LAW APPLICABLE.]
Except as provided in this chapter by law, the
Minnesota Election Law applies to school district elections, as far as
practicable. Elections in common
school districts shall be governed by section 123B.94.
Sec. 45. Minnesota
Statutes 2003 Supplement, section 205A.07, subdivision 3, is amended to read:
Subd. 3. [NOTICE TO
AUDITOR.] At least 49 53 days prior to every school district
election, the school district clerk shall provide a written notice to the
county auditor of each county in which the school district is located. The notice must include the date of the
election, the offices to be voted on at the election, and the title and
language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of
this section, in a bond election, a notice, including a proposed question, may
be provided to the county auditor prior to receipt of a review and comment from
the commissioner of education and prior to actual initiation of the election.
Sec. 46. Minnesota
Statutes 2002, section 205A.07, is amended by adding a subdivision to read:
Subd. 3b.
[NOTICE TO SECRETARY OF STATE.] At least 46 days prior to every
school district election for which a notice is provided to the county auditor
under subdivision 3, the county auditor shall provide a notice of the election
to the secretary of state, in a manner and including information prescribed by
the secretary of state.
Sec. 47. Minnesota
Statutes 2002, section 206.90, subdivision 6, is amended to read:
Subd. 6. [BALLOTS.] In
precincts using optical scan voting systems, a single ballot card on which all
ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment
may be printed in another color ink.
On the front of the ballot must be printed the words
"Official Ballot" and the date of the election and lines for the
initials of at least two election judges.
When optical scan ballots are used, the offices to be elected
must appear in the following order:
federal offices; state legislative offices; constitutional offices;
proposed constitutional amendments; county offices and questions; municipal
offices and questions; school district offices and questions; special district
offices and questions; and judicial offices.
On optical scan ballots, the names of candidates and the words
"yes" and "no" for ballot questions must be printed as
close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must
contain the words "write-in, if any."
If a primary ballot contains both a partisan ballot and a
nonpartisan ballot, the instructions to voters must include a statement that
reads substantially as follows:
"THIS BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
BALLOT. ON THE PARTISAN BALLOT YOU ARE
PERMITTED TO VOTE FOR CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a
statement that reads substantially as follows:
"ADDITIONAL POLITICAL PARTIES ARE PRINTED ON THE OTHER SIDE OF THIS
BALLOT. VOTE FOR ONE POLITICAL PARTY
ONLY." At the bottom of each
political party column on the primary ballot, the ballot must contain a
statement that reads substantially as follows:
"CONTINUE VOTING ON THE NONPARTISAN BALLOT." The instructions in section 204D.08,
subdivision 4, do not apply to optical scan partisan primary ballots.
Sec. 48. Minnesota
Statutes 2002, section 211A.02, is amended by adding a subdivision to read:
Subd. 5.
[ELECTRONIC REPORTING.] The reports required by this section may be
filed electronically, subject to the approval of the filing officer.
Sec. 49. Minnesota
Statutes 2002, section 351.01, subdivision 4, is amended to read:
Subd. 4. [WITHDRAWAL OF
RESIGNATION.] A prospective resignation permitted by subdivision 3 may only be
withdrawn by a written statement signed by the officer and submitted in the
same manner as the resignation, and may only be withdrawn before it has
been accepted by resolution of the body or board or before a written
acceptance of the resignation by an officer authorized to receive it.
Sec. 50. Minnesota
Statutes 2002, section 365.51, subdivision 3, is amended to read:
Subd. 3. [OFFICERS;
OTHER BUSINESS.] An annual town election shall be held on the same day as the
annual town meeting to elect all town officers required by law to be elected and
to consider ballot questions, except as provided in section 205.075,
subdivision 2. Other town business
shall be conducted at the town meeting as provided by law.
Sec. 51. Minnesota
Statutes 2002, section 367.12, is amended to read:
367.12 [DEPUTY CLERK.]
Each town clerk may appoint a deputy, for whose acts the clerk
shall be responsible, and who, in the clerk's absence or disability, shall
perform the clerk's duties. If a
town clerk has not appointed a deputy, the town treasurer shall perform the
duties of the clerk relating to receiving candidate filings when the clerk is
absent.
Sec. 52. Minnesota
Statutes 2002, section 414.041, subdivision 1, is amended to read:
Subdivision 1.
[INITIATING THE PROCEEDING.] (a) Two or more municipalities may be the
subject of a single proceeding provided that each municipality abuts at least
one of the included municipalities.
(b) The proceeding shall be initiated in one of the following
ways:
(1) submitting to the director a resolution of the city council
of each affected municipality;
(2) submitting to the director a petition signed by a number
of residents eligible to vote equivalent to five percent or more of the
resident voters of a municipality who voted for governor at the last general election;
or
(3) by the director.
(c) The petition or resolution shall set forth the following
information about each included municipality:
name, description of boundaries, the reasons for requesting the
consolidation and the names of all parties entitled to mailed notice under
section 414.09.
(d) The party initiating the proceeding shall serve copies of
the petition or resolution on all of the included municipalities.
Sec. 53. Minnesota
Statutes 2002, section 447.32, subdivision 3, is amended to read:
Subd. 3. [ELECTION
NOTICES.] At least two weeks before the first day to file affidavits of
candidacy, the clerk of the district shall publish a notice stating the first
and last day on which affidavits of candidacy may be filed, the places for
filing the affidavits and the closing time of the last day for filing. The clerk shall post a similar notice in at
least one conspicuous place in each city and town in the district at least ten
days before the first day to file affidavits of candidacy.
At least 53 days prior to every hospital district election,
the hospital district clerk shall provide a written notice to the county
auditor of each county in which the hospital district is located. The notice must include the date of the
election, the offices to be voted on at the election, and the title and
language for each ballot question to be voted on at the election. At least 46 days before a hospital district
election for which a notice is provided to the county auditor under this
subdivision, the county auditor shall provide a notice to the secretary of
state in a manner and including information prescribed by the secretary of
state.
The notice of each election must be posted in at least one
public and conspicuous place within each city and town included in the district
at least ten days before the election.
It must be published in the official newspaper of the district or, if a
paper has not been designated, in a legal newspaper having general circulation
within the district, at least two weeks before the election. Failure to give notice does not invalidate
the election of an officer of the district.
A voter may contest a hospital district election in accordance with
chapter 209. Chapter 209 applies to
hospital district elections.
Sec. 54. Minnesota
Statutes 2002, section 447.32, subdivision 4, is amended to read:
Subd. 4. [CANDIDATES;
BALLOTS; CERTIFYING ELECTION.] A person who wants to be a candidate for the
hospital board shall file an affidavit of candidacy for the election either as
member at large or as a member representing the city or town where the
candidate resides. The affidavit of
candidacy must be filed with the city or town clerk not more than ten weeks nor
less than eight weeks before the Tuesday after the second Monday in
September of the year in which the general election is held. The city or town clerk must forward the
affidavits of candidacy to the clerk of the
hospital district or, for the first election, the clerk of the most populous
city or town immediately after the last day of the filing period. A candidate may withdraw from the election
by filing an affidavit of withdrawal with the clerk of the district no later
than 5:00 p.m. two days after the last day to file affidavits of candidacy.
Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,
necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in
the rules of the secretary of state.
The ballots must be marked and initialed by at least two judges as
official ballots and used exclusively at the election. Any proposition to be voted on may be
printed on the ballot provided for the election of officers. The hospital board may also authorize the
use of voting systems subject to chapter 206.
Enough election judges may be appointed to receive the votes at each
polling place. The election judges
shall act as clerks of election, count the ballots cast, and submit them to the
board for canvass.
After canvassing the election, the board shall issue a
certificate of election to the candidate who received the largest number of
votes cast for each office. The clerk
shall deliver the certificate to the person entitled to it in person or by
certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.
Sec. 55. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE
4
UNIFORM
STATE AND LOCAL ELECTION DATES
Section 1. [204D.035]
[PERIODIC UNIFORM ELECTION DAY.]
Subdivision 1.
[SHORT TITLE.] This section may be referred to as the "Periodic
Uniform Election Day Act of 2004."
Subd. 2.
[ELECTIONS COVERED.] This section applies to all state, county,
municipal, school district, and any other political subdivision elections held
in the state of Minnesota, and elections on ballot questions, except for (i)
elections held to fill a vacancy in office and required by statute to be held
sooner than the next day designated in subdivision 3, or (ii) elections
conducted by mail.
Subd. 3.
[ELECTIONS ON DESIGNATED DAYS.] (a) Notwithstanding other law to the
contrary, elections covered in subdivision 2 may be held only on the following
days:
(1) the second Tuesday in March;
(2) the third Tuesday in May;
(3) the first Tuesday after the second Monday in September;
and
(4) the first Tuesday after the first Monday in November.
(b) The time period in which a special election must be
conducted under any other law or charter provision must be extended to conform
to the requirements of this subdivision.
Subd. 4.
[PRIMARY DATE IF NOT SPECIFIED.] If other law provides for a primary
to take place for a particular office but does not specify the date of the
primary, the primary may be held on one of the days specified in subdivision 3,
clauses (1) to (3). The general
election for the office must be held on the date listed in subdivision 3 that
immediately follows the date chosen for the primary.
Subd. 5.
[ELECTION TIMES AND POLLING PLACES.] An election held in a
jurisdiction on one of the days specified in subdivision 3 must be held during
the hours determined under section 204C.05.
Subd. 6.
[APPLICABLE LAWS.] Except as otherwise provided by this section,
Minnesota election law remains applicable to elections held on any of the days
listed in subdivision 3.
Sec. 2. Minnesota
Statutes 2003 Supplement, section 123B.63, subdivision 3, is amended to read:
Subd. 3. [CAPITAL
PROJECT LEVY REFERENDUM.] A district may levy the local tax rate approved by a
majority of the electors voting on the question to provide funds for an
approved project. The election must
take place no more than five years before the estimated date of commencement of
the project. The referendum must be
held on a date set by the board specified under section 204D.035,
subdivision 3. A referendum for a
project not receiving a positive review and comment by the commissioner under
section 123B.71 must be approved by at least 60 percent of the voters at the
election. The referendum may be called
by the school board and may be held:
(1) separately, before an election for the issuance of
obligations for the project under chapter 475; or
(2) in conjunction with an election for the issuance of
obligations for the project under chapter 475; or
(3) notwithstanding section 475.59, as a conjunctive question
authorizing both the capital project levy and the issuance of obligations for
the project under chapter 475. Any
obligations authorized for a project may be issued within five years of the
date of the election.
The ballot must provide a general description of the proposed
project, state the estimated total cost of the project, state whether the
project has received a positive or negative review and comment from the
commissioner, state the maximum amount of the capital project levy as a
percentage of net tax capacity, state the amount that will be raised by that
local tax rate in the first year it is to be levied, and state the maximum
number of years that the levy authorization will apply.
The ballot must contain a textual portion with the information
required in this section and a question stating substantially the following:
"Shall the capital project levy proposed by the board of
.......... School District No. .......... be approved?"
If approved, the amount provided by the approved local tax rate
applied to the net tax capacity for the year preceding the year the levy is
certified may be certified for the number of years approved.
In the event a conjunctive question proposes to authorize both
the capital project levy and the issuance of obligations for the project,
appropriate language authorizing the issuance of obligations must also be
included in the question.
The district must notify the commissioner of the results of the
referendum.
Sec. 3. Minnesota
Statutes 2002, section 126C.17, subdivision 11, is amended to read:
Subd. 11. [REFERENDUM
DATE.] (a) Except for a referendum held under paragraph (b), any referendum
under this section held on a day other than the first Tuesday after the first
Monday in November must be conducted by mail in accordance with section
204B.46. Notwithstanding subdivision 9,
paragraph (b), to the contrary, in the case of a referendum conducted by mail
under this paragraph, the notice required by subdivision 9, paragraph (b), must
be prepared and delivered by first-class mail at least 20 days before the
referendum.
(b) In addition to the referenda allowed in subdivision 9,
clause (a), the commissioner may grant authority to a district to hold a
referendum on a different day if the district is in statutory operating debt
and has an approved plan or has received an extension from the department to
file a plan to eliminate the statutory operating debt. A referendum must be held on a date
specified under section 204D.035, subdivision 3.
(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day within 60 days of
receiving the request from a district.
Sec. 4. Minnesota
Statutes 2002, section 204C.05, is amended by adding a subdivision to read:
Subd. 1c.
[ELECTIONS; MUNICIPALITIES AND SCHOOL DISTRICTS.] The governing body
of a municipality or school district may, by resolution, designate the time
during which the polling places will remain open for voting at the next
succeeding and all later municipal or school district elections that are not
held at the same time as the state primary or state general election. All polling places must be open at least
between the hours of 10:00 a.m. and 8:00 p.m.
The resolution remains in effect until revoked by the governing board or
a petition from voters is filed under this subdivision. If a petition requesting longer voting hours
for any election is signed by a number of voters equal to 20 percent of the
votes cast in the last municipal or school district general election, whichever
applies, and filed with the appropriate municipal or school district clerk no
later than 30 days before an election, then the polling places for that
election must open at 7:00 a.m. and close at 8:00 p.m. The municipal or school district clerk must
give ten days published and posted notice of the change in hours and notify the
appropriate county auditors of the change.
Sec. 5. Minnesota
Statutes 2002, section 205.10, subdivision 3, is amended to read:
Subd. 3. [PROHIBITION.]
No A special election authorized under subdivision 1 may be held within
40 days after the state general election only on one of the dates specified
in section 204D.035, subdivision 3.
Sec. 6. [205.176]
[VOTING HOURS.]
In all municipal elections the hours for voting must be
determined as provided by section 204C.05.
Sec. 7. Minnesota
Statutes 2002, section 205A.05, subdivision 1, is amended to read:
Subdivision 1.
[QUESTIONS.] Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board may on its own motion call
a special election to vote on any matter requiring approval of the voters of a
district. Upon petition of 50 or more
voters of the school district or five percent of the number of voters voting at
the preceding regular school district election, the school board shall by
resolution call a special election to vote on any matter requiring approval of
the voters of a district. A question is
carried only with the majority in its favor required by law. The election officials for a special
election are the same as for the most recent school district general election
unless changed according to law.
Otherwise, special elections must be conducted and the returns made in
the manner provided for the school district general election. during
the 30 days before and the 40 days after the state general election. In addition, a special election may not be
held during the 20 days before and the 20 days after any regularly scheduled
election of a municipality wholly or partially within the school district.A special election may not be held during
the 30 days before and the 30 days after the state primary,
Sec. 8. [205A.095]
[HOURS FOR VOTING.]
The hours for voting in school district elections must be
determined as provided by section 204C.05.
Sec. 9. Minnesota
Statutes 2002, section 373.40, subdivision 2, is amended to read:
Subd. 2. [APPLICATION
OF ELECTION REQUIREMENT.] (a) Bonds issued by a county to finance capital
improvements under an approved capital improvement plan are not subject to the
election requirements of section 375.18 or 475.58. The bonds must be approved by vote of at least three-fifths of
the members of the county board. In the
case of a metropolitan county, the bonds must be approved by vote of at least
two-thirds of the members of the county board.
(b) Before issuance of bonds qualifying under this section, the
county must publish a notice of its intention to issue the bonds and the date
and time of a hearing to obtain public comment on the matter. The notice must be published in the official
newspaper of the county or in a newspaper of general circulation in the
county. The notice must be published at
least 14, but not more than 28, days before the date of the hearing.
(c) A county may issue the bonds only upon obtaining the
approval of a majority of the voters voting on the question of issuing the
obligations, if a petition requesting a vote on the issuance is signed by
voters equal to five percent of the votes cast in the county in the last
general election and is filed with the county auditor within 30 days after the
public hearing. The commissioner of
revenue shall prepare a suggested form of the question to be presented at the
election. The election may be held
only on one of the dates specified in section 204D.035, subdivision 3.
Sec. 10. Minnesota
Statutes 2002, section 375.20, is amended to read:
375.20 [BALLOT QUESTIONS.]
If the county board may do an act, incur a debt, appropriate
money for a purpose, or exercise any other power or authority, only if
authorized by a vote of the people, the question may be submitted at a special
or general election, by a resolution specifying the matter or question to be
voted upon. If the question is to
authorize the appropriation of money, creation of a debt, or levy of a tax, it
shall state the amount. Notice of the
election shall be given as in the case of special elections. If the question submitted is adopted, the
board shall pass an appropriate resolution to carry it into effect. In the election the form of the ballot shall
be: "In favor of (here state the
substance of the resolution to be submitted), Yes ...... No......," with a square opposite each
of the words "yes" and "no," in one of which the voter
shall mark an "X" to indicate a choice. The county board may call a special county election upon a
question to be held within 60 days on any date specified by section
204D.035, subdivision 3, after a resolution to that effect is adopted by
the county board. Upon the adoption of
the resolution the county auditor shall post and publish notices of the
election, as required by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the
returns canvassed in the manner prescribed by sections 204D.20 to 204D.27, so
far as practicable.
Sec. 11.
Minnesota Statutes 2002, section 458.40, is amended to read:
458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.]
If a charter adopted under the Minnesota Constitution, article
IV, section 36, article XI, section 4, or article XII, section 5, has a
provision that requires the question of the issuance of bonds to be submitted
to the electors, the provision prevails over sections 458.36 to 458.40. The question must be submitted to the
voters on one of the dates specified in section 204D.035, subdivision 3,
notwithstanding any contrary provision in the charter regarding the date of
submission.
Sec. 12. Minnesota
Statutes 2003 Supplement, section 465.82, subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF
PLAN.] The plan must state:
(1) the specific cooperative activities the units will engage
in during the first two years of the venture;
(2) the steps to be taken to effect the merger of the
governmental units, with completion no later than four years after the process
begins;
(3) the steps by which a single governing body will be created
or, when the entire territory of a unit will be apportioned between or among
two or more units contiguous to the unit that is to be apportioned, the steps to
be taken by the governing bodies of the remaining units to provide for
representation of the residents of the apportioned unit;
(4) changes in services provided, facilities used, and
administrative operations and staffing required to effect the preliminary
cooperative activities and the final merger, and a two-, five-, and ten-year
projection of expenditures for each unit if it combined and if it remained
separate;
(5) treatment of employees of the merging governmental units,
specifically including provisions for reassigning employees, dealing with
exclusive representatives, and providing financial incentives to encourage
early retirements;
(6) financial arrangements for the merger, specifically
including responsibility for debt service on outstanding obligations of the
merging units;
(7) one- and two-year impact analyses, prepared by the granting
state agency at the request of the local government unit, of major state aid
revenues received for each unit if it combined and if it remained separate,
including an impact analysis, prepared by the Department of Revenue, of any
property tax revenue implications associated with tax increment financing
districts and fiscal disparities under chapter 276A or 473F resulting from the
merger;
(8) procedures for a referendum to be held on a date
specified in section 204D.035, subdivision 3, before the proposed
combination to approve combining the local government units, specifically
stating whether a majority of those voting in each district proposed for combination
or a majority of those voting on the question in the entire area proposed for
combination is needed to pass the referendum; and
(9) a time schedule for implementation.
Notwithstanding clause (3) or any other
law to the contrary, all current members of the governing bodies of the local
government units that propose to combine under sections 465.81 to 465.86 may
serve on the initial governing body of the combined unit until a gradual
reduction in membership is achieved by foregoing election of new members when
terms expire until the number permitted by other law is reached.
Sec. 13. Minnesota
Statutes 2003 Supplement, section 465.84, is amended to read:
465.84 [REFERENDUM.]
During the first or second year of cooperation, a referendum on
the question of combination must be conducted.
The referendum must be on a date specified by section 204D.035,
subdivision 3, and called by the governing bodies of the units that propose
to combine. The referendum must be
conducted according to the Minnesota Election Law, as defined in section
200.01. If the referendum fails, the
same question or a modified question may be submitted the following year. If the referendum fails again, the same
question may not be submitted.
Referendums shall be conducted on the same date in all local government
units.
Sec. 14. Minnesota
Statutes 2002, section 469.053, subdivision 5, is amended to read:
Subd. 5. [REVERSE
REFERENDUM.] A city may increase its levy for port authority purposes under
subdivision 4 only as provided in this subdivision. Its city council must first pass a resolution stating the
proposed amount of levy increase. The
city must then publish the resolution together with a notice of public hearing
on the resolution for two successive weeks in its official newspaper or, if
none exists, in a newspaper of general circulation in the city. The hearing must be held two to four weeks
after the first publication. After the
hearing, the city council may decide to take no action or may adopt a resolution
authorizing the proposed increase or a lesser increase. A resolution authorizing an increase must be
published in the city's official newspaper or, if none exists, in a newspaper
of general circulation in the city. The
resolution is not effective if a petition requesting a referendum on the
resolution is filed with the city clerk within 30 days of publication of the
resolution. The petition must be signed
by voters equaling five percent of the votes cast in the city in the last
general election. The resolution is
effective if approved by a majority of those voting on the question. The commissioner of revenue shall prepare a
suggested form of referendum question.
The referendum must be held at a special or general election before
October 1 on a date specified in section 204D.035, subdivision 3, of
the year for which the levy increase is proposed.
Sec. 15. Minnesota
Statutes 2002, section 469.0724, is amended to read:
469.0724 [GENERAL OBLIGATION BONDS.]
The port authority of Cannon Falls or Redwood Falls must not
proceed with the sale of general obligation tax supported bonds until the city
council by resolution approves the proposed issuance. The resolution must be published in the official newspaper. If, within 30 days after the publication, a
petition signed by voters equal in number to ten percent of the number of
voters at the last regular city election is filed with the city clerk, the city
and port authority must not issue the general obligation tax supported bonds
until the proposition has been approved by a majority of the votes cast on the
question at a regular or special election held on one of the dates specified
in section 204D.035, subdivision 3.
Sec. 16. Minnesota
Statutes 2002, section 469.190, subdivision 5, is amended to read:
Subd. 5. [REVERSE
REFERENDUM.] If the county board passes a resolution under subdivision 4 to
impose the tax, the resolution must be published for two successive weeks in a
newspaper of general circulation within the unorganized territory, together
with a notice fixing a date for a public hearing on the proposed tax.
The hearing must be held not less than
two weeks nor more than four weeks after the first publication of the
notice. After the public hearing, the
county board may determine to take no further action, or may adopt a resolution
authorizing the tax as originally proposed or approving a lesser rate of
tax. The resolution must be published
in a newspaper of general circulation within the unorganized territory. The voters of the unorganized territory may
request a referendum on the proposed tax by filing a petition with the county
auditor within 30 days after the resolution is published. The petition must be signed by voters who
reside in the unorganized territory.
The number of signatures must equal at least five percent of the number
of persons voting in the unorganized territory in the last general
election. If such a petition is timely
filed, the resolution is not effective until it has been submitted to the
voters residing in the unorganized territory at a general or special election held
on one of the dates specified in section 204D.035, subdivision 3, and a
majority of votes cast on the question of approving the resolution are in the
affirmative. The commissioner of
revenue shall prepare a suggested form of question to be presented at the
referendum.
Sec. 17. Minnesota
Statutes 2003 Supplement, section 475.521, subdivision 2, is amended to read:
Subd. 2. [ELECTION
REQUIREMENT.] (a) Bonds issued by a city to finance capital improvements under
an approved capital improvements plan are not subject to the election
requirements of section 475.58. The
bonds are subject to the net debt limits under section 475.53. The bonds must be approved by an affirmative
vote of three-fifths of the members of a five-member city council. In the case of a city council having more
than five members, the bonds must be approved by a vote of at least two-thirds
of the city council.
(b) Before the issuance of bonds qualifying under this section,
the city must publish a notice of its intention to issue the bonds and the date
and time of the hearing to obtain public comment on the matter. The notice must be published in the official
newspaper of the city or in a newspaper of general circulation in the
city. Additionally, the notice may be
posted on the official Web site, if any, of the city. The notice must be published at least 14 but not more than 28
days before the date of the hearing.
(c) A city may issue the bonds only after obtaining the
approval of a majority of the voters voting on the question of issuing the
obligations, if a petition requesting a vote on the issuance is signed by
voters equal to five percent of the votes cast in the city in the last general
election and is filed with the city clerk within 30 days after the public
hearing. The commissioner of revenue
shall prepare a suggested form of the question to be presented at the
election. The election must be held
on one of the dates specified by section 204D.035, subdivision 3.
Sec. 18. Minnesota
Statutes 2002, section 475.58, subdivision 1, is amended to read:
Subdivision 1.
[APPROVAL BY ELECTORS; EXCEPTIONS.] Obligations authorized by law or
charter may be issued by any municipality upon obtaining the approval of a
majority of the electors voting at a special or general election held on one
of the dates specified in section 204D.035, subdivision 3, on the question
of issuing the obligations, but an election shall not be required to authorize
obligations issued:
(1) to pay any unpaid judgment against the municipality;
(2) for refunding obligations;
(3) for an improvement or improvement program, which obligation
is payable wholly or partly from the proceeds of special assessments levied
upon property specially benefited by the improvement or by an improvement
within the improvement program, or of taxes levied upon the increased value of
property within a district for the development of which the improvement is
undertaken, including obligations which are the general obligations of the
municipality, if the municipality is entitled to reimbursement in whole or in
part from the proceeds of such special assessments or taxes and not less than
20 percent of the cost of the improvement or the improvement program is to be
assessed against benefited property or is to be paid from the proceeds of
federal grant funds or a combination thereof, or is estimated to be received
from such taxes within the district;
(4) payable wholly from the income of revenue producing conveniences;
(5) under the provisions of a home rule charter which permits
the issuance of obligations of the municipality without election;
(6) under the provisions of a law which permits the issuance of
obligations of a municipality without an election;
(7) to fund pension or retirement fund liabilities pursuant to
section 475.52, subdivision 6;
(8) under a capital improvement plan under section 373.40; and
(9) under sections 469.1813 to 469.1815 (property tax abatement
authority bonds), if the proceeds of the bonds are not used for a purpose
prohibited under section 469.176, subdivision 4g, paragraph (b).
Sec. 19. Minnesota
Statutes 2002, section 475.58, subdivision 1a, is amended to read:
Subd. 1a. [RESUBMISSION
LIMITATION.] If the electors do not approve the issuing of obligations at an
election required by subdivision 1, the question of authorizing the obligations
for the same purpose and in the same amount may not be submitted to the
electors within a period of until a special or general election held
on a date specified in section 204D.035, subdivision 3, and not sooner than
180 days from the date the election was held.
If the question of authorizing the obligations for the same purpose and
in the same amount is not approved a second time it may not be submitted to the
electors within a period of one year after the second election.
Sec. 20. Minnesota
Statutes 2002, section 475.59, is amended to read:
475.59 [MANNER OF SUBMISSION; NOTICE.]
When the governing body of a municipality resolves to issue
bonds for any purpose requiring the approval of the electors, it shall provide
for submission of the proposition of their issuance at a general or special
election held on a date specified by section 204D.035, subdivision 3, oder
at a town or school district meeting.
Notice of such election or meeting shall be given in the manner required
by law and shall state the maximum amount and the purpose of the proposed
issue. In any school district, the
school board or board of education may, according to its judgment and
discretion, submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition of their
issuance for any one or more of the following, stated conjunctively or in the
alternative: acquisition or enlargement
of sites, acquisition, betterment, erection, furnishing, equipping of one or
more new schoolhouses, remodeling, repairing, improving, adding to, betterment,
furnishing, equipping of one or more existing schoolhouses. In any city, town, or county, the governing
body may, according to its judgment and discretion, submit as a single ballot
question or as two or more separate questions in the notice of election and
ballots the proposition of their issuance, stated conjunctively or in the
alternative, for the acquisition, construction, or improvement of any
facilities at one or more locations.
Sec. 21. [REPEALER.]
Minnesota Statutes 2002, sections 204C.05, subdivisions 1a
and 1b; 205.175; and 205A.09, are repealed.
Sec. 22. [EFFECTIVE
DATE.]
This article is effective January 1, 2005.
ARTICLE 5
ELECTION
ADMINISTRATION
Section 1. [MAINTENANCE
OF EFFORT.]
The state or a unit of local government receiving federal
funds or equipment purchased with federal funds pursuant to the Help America
Vote Act (P.L. 107-252) must maintain the expenditures of the state or the
local unit of government for activities funded by the federal funds or for
equipment expenditures at a level that is not less than the level of
expenditures maintained by the state or the local unit of government for the
fiscal year ending immediately preceding November 2000.
Sec. 2. Minnesota
Statutes 2002, section 200.02, subdivision 20, is amended to read:
Subd. 20. [STATEWIDE
REGISTRATION SYSTEM.] "Statewide registration system" means the single,
interactive, computerized central statewide voter registration system and
database developed and maintained by the secretary of state pursuant to section
201.022.
Sec. 3. Minnesota
Statutes 2002, section 201.061, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION
IN PERSON PRIOR TO ELECTION DAY.] At any time except during the 20 days
immediately preceding any election, an eligible voter or any individual who
will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a registration
card voter registration application as described in section 201.071,
subdivision 1, and submitting it in person or by mail to the county
auditor of that county or to the Secretary of State's Office. A registration that is received no later
than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration card shall be forwarded within two working days after receipt to
the county auditor of the county where the voter maintains residence. A state or local agency or an individual
that accepts completed voter registration cards from a voter must submit the completed
cards to the secretary of state or the appropriate county auditor within ten
days after the cards are dated by the voter.
Sec. 4. Minnesota
Statutes 2002, section 201.061, is amended by adding a subdivision:
Subd. 1a.
[REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At any time except
during the 20 days immediately preceding any election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may
register to vote in the precinct in which the voter maintains residence by
completing a voter registration application and submitting it by mail to the
county auditor of that county or to the secretary of state's office. If the voter has not previously voted in
this state for federal office, the voter must also present, as described in
clauses (1) to (4), identification as set forth in subdivision 3, clauses (1)
to (4) and (7) to (9). If the county
auditor determines that a voter has submitted a voter registration application
by mail, has not previously voted in this state for a federal office, and has
also not presented identification as set forth in subdivision 3, clauses (1) to
(4) and (7) to (9), then the county auditor must notify the voter that their
registration is incomplete under subdivision 2, and that the voter must
complete registration by using one of the following methods:
(1) present to the auditor more than 20 days before the
election identification as set forth in subdivision 3, clauses (1) to (4) and
(7) to (9);
(2) before voting in person on election day, present to the
election judges in the precinct election identification as set forth in
subdivision 3, clauses (1) to (4) and (7) to (9);
(3) register in person prior to or on election day;
(4) if voting by mail or absentee ballot, following election
day registration procedures for absentee voters as described in section
203B.04, subdivision 4.
For purposes of this subdivision, mail registration is
defined as a voter registration application that is not delivered in person to
the secretary of state, county auditor, or municipal clerk by the individual
making the application.
Sec. 5. Minnesota
Statutes 2002, section 201.061, is amended by adding a subdivision:
Subd. 1b. [DUTY
TO FORWARD.] A registration that is received no later than 5:00 p.m. on the
21st day preceding any election must be accepted. An improperly addressed or delivered voter registration
application must be forwarded within two working days after receipt to the county
auditor of the county where the voter maintains residence. A state or local agency or an individual
that accepts completed voter registration applications from a voter must submit
the completed cards to the secretary of state or the appropriate county auditor
within ten days after the applications are dated by the voter.
Sec. 6. Minnesota
Statutes 2002, section 201.061, is amended by adding a subdivision to read:
Subd. 2.
[INCOMPLETE IDENTIFICATION OR RESIDENCE INFORMATION.] The voter
registration application for a voter required by subdivision 1a, to present
identification as set forth in subdivision 3, clauses (1) to (4) and (7) to
(9), must be considered incomplete until remedied by the voter in the manner
described in subdivision 1a, and must be filed with the list of registered voters
with a notation on the record that the voter may not vote until the application
is complete. The auditor or secretary
of state must note on the permanent voter record when the required
identification has been presented.
Sec. 7. Minnesota
Statutes 2002, section 201.061, subdivision 3, is amended to read:
Subd. 3. [ELECTION DAY
REGISTRATION.] An individual who is eligible to vote may register on election
day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a voter registration card
application, making an oath in the form prescribed by the secretary of
state and providing proof of residence.
An individual may prove residence for purposes of registering by:
(1) showing a valid Minnesota driver's license or Minnesota
identification card issued pursuant to section 171.07 learner's permit,
or a receipt for either that contains the voter's valid address in the precinct;
(2) showing any document approved by the secretary of state
as proper identification a valid Minnesota identification card issued by
the Department of Public Safety or a receipt for the identification card that
contains the voter's valid address in the precinct;
(3) showing one of the following:
(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of students from
that institution has been prepared under section 135A.17 and certified to the
county auditor in the manner provided in rules of the secretary of state; or
(ii) a current student fee statement that contains the
student's valid address in the precinct together with a picture identification
card;
(4) photo identification cards listed below in item
A and one of the additional proofs of residence listed in item B.
A. The following
documents are acceptable photo identification cards if they contain the voter's
name and photograph:
(i) a Minnesota driver's license or identification card;
(ii) a United States passport;
(iii) a United States military identification card; or
(iv) a student identification card issued by a Minnesota
postsecondary educational institution.
B. An original bill
for gas, electric, telephone, cable television, solid waste, water, or sewer
services is acceptable as an additional proof of residence if:
(i) the bill shows the voter's name and current address in
the precinct; and
(ii) the due date on the bill is within 30 days before or
after election day.
If the photo identification presented by the voter
establishes the voter's identity and the additional proof of residence
presented by the voter establishes the voter's current address in the precinct,
the voter shall have proven residence.
The secretary of state shall provide samples of utility
bills acceptable as additional proof of residence under item B to local
election officials for use in election judge training and in the polling place
on election day;
(4) having a valid registration in the same precinct under a
different address;
(5) presenting a notice of late registration mailed by the
county auditor or municipal clerk;
(6) having a voter who is registered to vote in the
precinct sign an the proof of residence oath in Minnesota
Rules, part 8200.9939 in the presence of the election judge vouching that
the voter personally knows that the individual is a resident of the
precinct. A voter who has been vouched
for on election day may not sign a proof of residence oath vouching for any other
individual on that election day; or. The oath must be attached to the voter registration card until the
address of the applicant is verified by the county auditor. The county auditor shall file the oaths and
maintain them for one year;
(5) (7) for tribal band members living on an
Indian reservation, an individual may prove residence for purposes of
registering by showing an identification card issued by the tribal government
of a tribe recognized by the Bureau of Indian Affairs, United States Department
of the Interior, that contains the name, street address, signature, and picture
of the individual. The county auditor
of each county having territory within the reservation shall maintain a record
of the number of election day registrations accepted under this section.;
(8) showing one of the following:
(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of students from
that institution has been prepared under section 135A.17 and certified to the
county auditor;
(ii) a current student fee statement that contains the
student's valid address in the precinct together with a picture identification
card;
(iii) a current valid photo identification issued by a
postsecondary educational institution in Minnesota if the voter's name, student
identification number (if available), and address within the precinct appear on
a current list of persons residing in the institution's housing certified to
the county auditor by the educational institution; or
(iv) a current student identification card that contains the
student's valid address in the precinct, a current student fee statement that
contains the student's valid address in the precinct, or a copy of a current
student registration card that contains the student's valid address in the
precinct.
This additional proof of residence for students must not be
allowed unless the educational institution submits to the county auditor no
later than 60 days prior to the election a written agreement that the
educational institution will certify for use at the election accurate updated
lists of persons residing in housing owned, operated, leased, or otherwise
controlled by the institution. A
written agreement is effective for the election and all subsequent elections
held in that calendar year.
The additional proof of residence for students must be
allowed on an equal basis for voters resident in housing of any postsecondary
educational institution within the county, if lists certified by the
institution meet the requirements of this clause.
An updated list must be certified to the county auditor no
earlier than 20 days prior to each election.
The certification must be dated and signed by the chief officer or
designee of the institution and must state that the list is current and accurate
and includes only the names of persons residing as of the date of the
certification in housing controlled by the institution.
The auditor shall instruct the election judges of the
precinct in procedures for use of the list in conjunction with photo
identification. The auditor shall
supply a list to the election judges with the election supplies for the
precinct.
The auditor shall notify all postsecondary educational
institutions in the county of the provisions of this clause;
(9) showing any document approved by the secretary of state
as proper identification.
A county, school district, or municipality may require that an
election judge responsible for election day registration initial each completed
registration card.
Sec. 8. Minnesota
Statutes 2002, section 201.071, subdivision 1, is amended to read:
Subdivision 1. [FORM.] (a)
A registration card application must be of suitable size and
weight for mailing and contain spaces for the following required
information: whether the voter is a
United States citizen; whether the voter will be 18 years old on or before
election day; the voter's first name, middle name, and last name; the
voter's previous name, if any; the voter's current address; the
voter's previous address, if any; the voter's date of birth; the
voter's municipality and county of residence; the voter's telephone
number, if provided by the voter; the date of registration; the
voter's current and valid Minnesota driver's license number or Minnesota state
identification number or, if the voter has no current Minnesota driver's
license or state identification number, the last four digits of the voter's
Social Security number; the voter's e-mail address, if provided by the voter;
the voter's interest in serving as an election judge, if indicated by the
voter; and the voter's signature.
The card application must also contain a the
following certification of voter eligibility.:
"I certify that I
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the
registration form;
(5) am not under a guardianship in which I have not retained
the right to vote;
(6) have not been found by a court to be legally incompetent
to vote;
(7) have not been convicted of a felony without having my
civil rights restored; and
(8) have read and understand this statement, that giving
false information is a felony punishable by not more than five years'
imprisonment or a fine of not more than $10,000, or both."
(b) The form of the voter registration card
and the certification of voter eligibility application must be as
provided in the rules of the secretary of state.:
(1) be consistent in layout with the data entry screens used
by the statewide registration system;
(2) take into consideration readability and ease of
understanding;
(3) provide space for including a mailing address for
returning the completed registration;
(4) have printed on or with it a set of instructions for
completing the registration; and
(5) have printed on or with it a statement that assistance
for registration and voting is available for elderly and disabled individuals
and residents of health care facilities.
(c) The voter registration application must contain a box
marked "election day official use only" which contains "W
..," "P ..," and "SD." These abbreviations stand for "ward,"
"precinct," and "school district." Other information may also be included. Election judges shall record the type of
election day voter registration proof and its number, if any, in the
"election day official use only" box.
(d) The voter registration application may include a mark
identifying where the voter obtained the application or how the application was
delivered to the county auditor or secretary of state.
(e) Voter registration forms authorized by the National
Voter Registration Act may must also be accepted as valid. The Federal Post Card Application (FPCA)
form for requesting registration, an absentee ballot, or both must also be
accepted for voter registration purposes if it is not deficient and if the
voter is eligible to register in Minnesota.
Voters who are permanently overseas are not eligible to be registered.
(f) An individual may use a voter registration application
to apply to register to vote in Minnesota or to change information on an
existing registration.
(g) The secretary of state shall provide examples of the
voter registration application to all county auditors.
Sec. 9.
Minnesota Statutes 2002, section 201.071, subdivision 3, is amended to
read:
Subd. 3. [DEFICIENT
REGISTRATION.] Except as provided in section 201.061, subdivision 2, no voter
registration is deficient if it contains the voter's name, address, date of
birth, current and valid driver's license number or Minnesota state
identification number or, if the voter has no current and valid Minnesota
driver's license or Minnesota state identification, the last four digits of the
voter's Social Security number, if the voter has been issued a Social Security
number, prior registration, if any, and signature. The absence of a zip code number does not
cause the registration to be deficient.
The election judges shall request an individual to correct a voter
registration card application if it is deficient or illegible or
if the name or number of the voter's school district is missing or obviously
incorrect. No eligible voter may be
prevented from voting unless the voter's registration card application
is deficient, incomplete pursuant to section 201.061, subdivision 2, or
the voter is duly and successfully challenged in accordance with section
201.195 or 204C.12.
A registration card accepted prior to August 1, 1983, is not
deficient for lack of date of birth.
The county or municipality may attempt to obtain the date of birth for a
registration card accepted prior to August 1, 1983, by a request to the voter
at any time except at the polling place.
Failure by the voter to comply with this request does not make the
registration deficient. The
secretary of state shall prescribe the form for a county or municipality to
request the date of birth from currently registered voters. The county or municipality must not request
the date of birth from currently registered voters by any communication other
than the prescribed form. The form must
clearly indicate that a currently registered voter does not lose registration
status by failing to provide the date of birth. A registration application is not deficient for lack of a
telephone number.
Sec. 10. Minnesota
Statutes 2002, section 201.071, is amended by adding a subdivision to read:
Subd. 9.
[PROPERLY COMPLETED REGISTRATIONS.] If a county auditor determines
that a registration application has been properly completed under this chapter,
the auditor shall file the application and enter the registration on the state
registration system. The county auditor
shall maintain the file in an orderly manner.
The county auditor shall have a card notice mailed to each newly
registered voter and to each voter who changed name or address information on
the voter's existing voting record indicating the voter's name, address,
precinct, and polling place. The card
must require that it be returned if not deliverable as addressed.
Sec. 11. Minnesota
Statutes 2002, section 201.081, is amended to read:
201.081 [REGISTRATION FILES.]
The statewide registration system is the official record of
registered voters. The voter
registration cards applications and the terminal providing access
to the statewide registration system must be under the control of the secretary
of state or the county auditor or the public official to whom the secretary
of state or the county auditor has delegated the responsibility for
maintaining voter registration records.
The voter registration cards applications and terminals
providing access to the statewide registration system must not be removed from
the control of the secretary of state or the county auditor except as
provided in this subdivision. The secretary
of state or the county auditor may make photographic copies of voter
registration cards applications in the manner provided by section
138.17.
A properly completed voter registration card application
that has been submitted to the secretary of state or a county auditor must be
maintained by the secretary of state or the county auditor for at least 22
months after the date that the information on the card application
is entered into the database of the statewide registration system. The secretary of state or the county auditor
may dispose of the cards applications after retention for 22
months in the manner provided by section 138.17.
The registration record of a voter
whose registration has been made inactive must be maintained in and be
accessible from the statewide registration system for 22 months.
Sec. 12. Minnesota
Statutes 2002, section 201.091, subdivision 4, is amended to read:
Subd. 4. [PUBLIC
INFORMATION LISTS.] The county auditor shall make available for inspection a
public information list in electronic or other media which must contain
the name, address, year of birth, and voting history of each registered voter
in the county. The telephone number
must be included on the list if provided by the voter. The public information list may also include
information on voting districts. The
public information list must not include any portion of any person's Social
Security number, driver's license number, or Minnesota identification number. The county auditor may adopt reasonable
rules governing access to the list. A
copy of the public information list must be available for public inspection for
authorized purposes at all times in the county auditor's office. No individual inspecting the public
information list shall tamper with or alter it in any manner. No individual who inspects the public
information list or who acquires a list of registered voters prepared from the
public information list may use any information contained in the list for
purposes unrelated to elections, political activities, or law enforcement. The secretary of state may provide copies of
the public information lists and other information from the statewide
registration system for uses related to elections, political activities, or in
response to a law enforcement inquiry from a public official concerning a
failure to comply with any criminal statute or any state or local tax
statute. The secretary of state may
make public information lists available for public purchase.
Before inspecting the public information list or obtaining a
list of voters or other information from the list, the individual shall provide
identification to the public official having custody of the public information
list and shall state in writing that any information obtained from the list
will not be used for purposes unrelated to elections, political activities, or
law enforcement. Requests to examine or
obtain information from the public information lists or the statewide
registration system must be made and processed in the manner provided in the
rules of the secretary of state.
Upon receipt of a written request and a copy of the court
order, the secretary of state may must withhold from the public
information list the name of any registered voter placed under court-ordered
protection.
Sec. 13. Minnesota
Statutes 2002, section 201.096, is amended to read:
201.096 [SCHOOL ELECTIONS; USE OF VOTER REGISTRATION SYSTEM.]
The county auditor shall allow independent or special school
districts to use the necessary portions of the statewide registration system
for school district elections. The secretary
of state or the county auditor may impose reasonable requirements to
preserve the security and integrity of the system. The secretary of state or the county auditor and the
school district shall provide by agreement for the details of the use of the
system by the school district. The
school board may designate a member of the board or an employee as registration
officer. The provisions of this chapter
and chapter 203B relating to registration of voters apply to all school
district elections in which the statewide registration system is used.
Sec. 14. Minnesota
Statutes 2002, section 201.11, is amended to read:
201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.]
When the boundaries of a precinct are changed, the county
auditor shall immediately notify the secretary of state. The secretary of state, or the county
auditor if delegated by the secretary of state, shall update the voter
records for that precinct in the statewide registration system to accurately
reflect those changes.
Sec. 15.
Minnesota Statutes 2002, section 201.121, is amended by adding a
subdivision to read:
Subd. 4.
[AUDITOR'S RANDOM NOTIFICATION.] Following each election in which
voters register on election day, the county auditor shall send a mailed notice
of registration to a random sample of five percent of the election day
registrants within ten days of the election.
This section does not relieve the county auditor of the responsibility
to send a mailed notice to all registrants.
Sec. 16. Minnesota
Statutes 2002, section 201.13, subdivision 1, is amended to read:
Subdivision 1.
[COMMISSIONER OF HEALTH, REPORTS OF DECEASED RESIDENTS.] Pursuant to
the Help America Vote Act of 2002, Public Law 107-252, the commissioner of
health shall report monthly by electronic means to the secretary of
state the name, address, date of birth, and county of residence of each
individual 18 years of age or older who has died while maintaining residence in
Minnesota since the last previous report.
The secretary of state may electronically change the status of those
registrants to "deceased" in the statewide registration system, when
a single exact match can be found in the system. The secretary of state may designate the county auditor to modify
the statewide voter registration system in response to this report, in which
case the secretary of state shall determine if any of the persons listed in
the report are registered to vote and shall prepare a list of those registrants
for each county auditor. Within 60 days
after receiving the list from the secretary of state, the county auditor shall
change the status of those registrants to "deceased" in the statewide
registration system.
Sec. 17. Minnesota
Statutes 2002, section 201.14, is amended to read:
201.14 [STATE COURT ADMINISTRATOR OF DISTRICT COURT,
REPORT CHANGES OF NAMES.]
The state court administrator of district court in
each county shall report monthly to the county auditor secretary
of state the name and address of each individual, 18 years of age or over,
who maintains residence in that county and whose name was changed during the
month preceding the date of the report, by marriage, divorce or any order or
decree of the court. The report may
be made by electronic means. The
secretary of state may designate the county auditor to modify the statewide
voter registration system in response to this report. If the report is made by electronic means, the secretary of state
shall determine if any of the persons in the report are registered to vote and
shall prepare a list of those registrants for each county auditor. Upon receipt of the report list,
the county auditor shall notify by mail each registered voter whose name was
changed that it will be necessary to reregister change the
registration under the changed name in order to vote.
Sec. 18. Minnesota
Statutes 2002, section 201.15, as amended by Laws 2003, chapter 12, article 2,
section 3, is amended to read:
201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND COMMITMENTS.]
Subdivision 1.
[GUARDIANSHIPS AND INCOMPETENTS.] Pursuant to the Help America Vote
Act of 2002, Public Law 107-252, the state court administrator shall report
monthly to the secretary of state the name, address, and date of birth of each
individual 18 years of age or over, who during the month preceding the date of
the report:
(a) was placed under a guardianship of the person in
which the court order provides that the ward does not retain the right to vote;
or
(b) was adjudged legally incompetent.
The court administrator shall also report the same information
for each individual transferred to the jurisdiction of the court who meets a
condition specified in clause (a) or (b).
The secretary of state shall determine if any of the persons in the
report is registered to vote and shall prepare a list of those registrants for
the county auditor. The secretary of state or the
county auditor shall change the status on the record in the statewide
registration system of any individual named in the report to indicate that the
individual is not eligible to reregister register or vote,
unless the voter is restored to capacity.
Subd. 2. [RESTORATION
TO CAPACITY.] Pursuant to the Help America Vote Act of 2002, Public Law 107‑252,
the state court administrator shall report monthly to the secretary of state
the name, address, and date of birth of each individual transferred from
guardianship to conservatorship or who is restored to capacity by the court
after being ineligible to vote for any of the reasons specified in subdivision
1. The secretary of state shall
determine if any of the persons in the report is registered to vote and shall
prepare a list of those registrants for the county auditor. The secretary of state or the county
auditor shall change the status on the voter's record in the statewide
registration system to "active."
Sec. 19. Minnesota
Statutes 2002, section 201.161, is amended to read:
201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD
APPLICATIONS.]
The Department of Public Safety shall change its applications
for an original, duplicate, or change of address driver's license or
identification card so that the forms may also serve as voter registration cards
applications. The forms must
contain spaces for the information required in section 201.071, subdivision 1,
and applicable rules of the secretary of state. Applicants for driver's licenses or identification cards must be
asked if they want to register to vote at the same time. A copy of each application containing a
completed voter registration must be sent to the county auditor of the county
in which the voter maintains residence or to the secretary of state as soon as
possible. The computerized driver's
license record information relating to name, address, date of birth, driver's
license number, county, town, and city must be made available for access by the
secretary of state and interaction with the statewide voter registration
system.
Sec. 20. Minnesota
Statutes 2002, section 201.211, is amended to read:
201.211 [COSTS.]
The office required to perform the functions and duties of this
chapter shall bear the costs incurred.
If these functions and duties are delegated to another office, that
office shall bear the costs. The
secretary of state shall pay the costs of operating and maintaining the
statewide registration system. The
secretary of state shall also pay the costs of preparing polling place rosters
and master lists printed by the secretary of state from the money
appropriated for this purpose.
Sec. 21. [201.1215]
[VERIFICATION; DISCREPANCIES.]
All applications for new voter registrations in the state
shall be verified pursuant to section 201.1615. A registration record shall also be verified when a registered
voter changes or adds a Minnesota driver's license number, Minnesota state
identification number, or the last four digits of the Social Security number on
the voter's registration record, or when the voter changes name, address, or
date of birth information.
If, after matching the information in the statewide voter
registration system with the information contained in the Department of Public
Safety database, the accuracy of the information on the voter registration
application cannot be verified, the county auditor shall investigate and
attempt to resolve the discrepancy. If
the discrepancy cannot be resolved, the county auditor must challenge the voter
in the statewide voter registration system and may refer the matter to the
county attorney.
If during the verification process the Department of Public
Safety provides information that indicates that the voter is not a citizen of
the United States, the county auditor shall challenge the voter in the
statewide voter registration system and refer the matter to the county
attorney.
Sec. 22. Minnesota
Statutes 2002, section 201.071, is amended by adding a subdivision to read:
Subd. 3a.
[NOTIFICATION OF DEFICIENT REGISTRATION.] If a person attempts to
register prior to election day and the county auditor determines that the
registration is deficient, the auditor shall notify the person attempting to
register that the registration was not correctly completed. The auditor shall attempt to obtain the
needed information by mail, electronic mail, or telephone. If the auditor cannot obtain the needed
information, the registration is deficient and the registration application
must not be filed and must be maintained separately for 22 months. The applicant shall be allowed to vote only
after correctly completing a registration application.
If the auditor notifies a person of an incorrectly completed
registration, the auditor shall also notify the applicant of the dates on which
registrations cannot be accepted for an election and of the procedures for
election day registration. In the
notice to the applicant, the auditor shall explain that a correctly completed
registration received by the auditor during the period when registrations
cannot be accepted for the upcoming election will make the applicant registered
to vote on the day after the upcoming election.
If an auditor receives a faulty or deficient registration
during the period when registrations cannot be accepted for an election, the auditor
shall notify the applicant that the applicant must register at the polling
place of the precinct in which the applicant resides on election day to vote at
the election. In the notice to the
applicant, the auditor shall explain that a correctly completed registration
received by the auditor during the period when registrations cannot be accepted
for the upcoming election will make the applicant registered to vote on the day
after the upcoming election.
Sec. 23. [201.157]
[NOTICE OF CHALLENGE REMOVAL.]
The county auditor shall mail a notice indicating the
individual's name, address, precinct, and polling place to any registered voter
whose civil rights have been restored after a felony conviction; who has been
removed from under a guardianship under which the person did not retain the
right to vote; or who has been restored to capacity by the court after being
ineligible to vote. The notice must
require that it be returned if not deliverable.
Sec. 24. [201.075]
[CHANGE OF RESIDENCE.]
An individual who has previously registered to vote in
Minnesota who changes residence must be permitted to vote only after updating
the registration by completing a registration application stating the
individual's new residence.
Sec. 25. [201.076]
[PROCESSING OF NATIONAL VOTER REGISTRATION ACT APPLICATIONS.]
All county auditors shall accept voter registration
applications on forms prescribed by the Federal Election Commission as provided
by the National Voter Registration Act if the application is from a person
eligible to vote in Minnesota, and includes whether the voter is a United
States citizen and will be 18 years old on or before election day, the
registrant's name, address in Minnesota, previous address, if any, date of
birth, current and valid Minnesota driver's license or Minnesota state
identification card, or if the voter has no current and valid Minnesota
driver's license or Minnesota state identification card, the last four digits
of the voter's Social Security number, registrant's signature, and the date of
registration. The application must be
processed and stored by the county auditor in the same manner as a Minnesota
voter registration application.
Sec. 26. Minnesota
Statutes 2002, section 201.221, subdivision 3, is amended to read:
Subd. 3. [PROCEDURES
FOR POLLING PLACE ROSTERS.] The secretary of state shall prescribe the form of
polling place rosters that include the voter's name, address, date of birth,
school district number, and space for the voter's signature, and any
other information prescribed by the secretary of state necessary to permit
election judges to perform duties required by law. The polling place roster must be used to
indicate whether the voter has voted in a given election. The secretary of state shall prescribe
procedures for transporting the polling place rosters to the election judges
for use on election day. The secretary
of state shall prescribe the form for a county or municipality to request the
date of birth from currently registered voters. The county or municipality shall not request the date of birth
from currently registered voters by any communication other than the prescribed
form and the form must clearly indicate that a currently registered voter does
not lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the
county auditor shall retain the prescribed polling place rosters used on the
date of election for one year 22 months following the
election. If a voter's registration
has been challenged pursuant to section 201.121, subdivision 2, an indicator
noting the voter's challenged status must be printed on the line provided for
the voter's signature. A similar
indicator must be printed on the line provided for the voter's signature to
note a voter's guardianship or felony status, if any. If a voter's registration is incomplete under section 201.061,
subdivision 2, an indicator must be printed on the line provided for the
voter's signature to indicate the voter is required to show identification pursuant
to section 201.061, subdivision 1a.
If a voter's name is withheld from public information lists
pursuant to section 201.091, subdivision 4, the secretary of state may withhold
the address of the voter from the line provided for the voter's signature. In this case, the auditor shall verify the
voter's address following the election using the procedures in section 201.12.
The following certification must be printed at the top of
each page of the polling place roster:
"I certify that I am at least 18 years of age and a citizen of the
United States; that I maintain residence at the address shown and have resided
in Minnesota for 20 days immediately preceding this election; that I am not
under guardianship of the person, have not been found by a court to be legally
incompetent to vote, and have not been convicted of a felony without having my
civil rights restored; and that I am registered and will be voting only in this
precinct. I understand that deliberately
providing false information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."
One or more pages in the polling place roster must be
provided for use by voters who register to vote in the polling place on
election day. An election day
registrant must fill in the registrant's name, address, and date of birth and
sign the roster on the line provided.
Each page in the polling place roster must also contain the
name of the precinct and a page number.
In addition, each line provided for a voter's signature must be
consecutively numbered, beginning with the number 1 on each page.
The secretary of state shall identify and develop methods of
producing polling place rosters. The
secretary of state shall provide polling place rosters for each election in the
state. The roster may be provided to
the county auditor on paper, computer tape, or another electronic medium.
Sec. 27. Minnesota
Statutes 2002, section 203B.02, is amended by adding a subdivision to read:
Subd. 4. [PRESIDENTIAL
BALLOT.] A person who is qualified under United States Code, title 42,
section 1973aa-1, to vote for the offices of president and vice-president or
for electors for president and vice-president may vote by absentee ballot or in
person at the auditor's office in the county where the person formerly resided.
The following persons are qualified: a voter who will be at least 18 years old on
election day, is a citizen of the United States, and is not under court-ordered
guardianship of the person without retaining the right to vote, has not been
found by a court to be legally incompetent to vote, has not been convicted of a
felony without having civil rights restored, and has previously lived in
Minnesota and has moved from Minnesota to another state within 30 days of a
presidential election and is not eligible to vote in the state in which the
voter now resides, may apply for an absentee ballot that contains only the
offices of president and vice-president in accordance with the requirements of
United States Code, title 42, section 1973aa-1.
Sec. 28. Minnesota
Statutes 2002, section 203B.04, subdivision 1, is amended to read:
Subdivision 1.
[APPLICATION PROCEDURES.] Except as otherwise allowed by subdivision 2,
an application for absentee ballots for any election may be submitted at any
time not less than one day before the day of that election. The county auditor shall prepare absentee
ballot application forms in the format provided in the rules of by
the secretary of state and shall furnish them to any person on request. By January 1 of each even-numbered year,
the secretary of state shall make example forms available to auditors through
electronic means. An application submitted pursuant to this subdivision
shall be in writing and shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school district
if applicable, where the applicant maintains residence.
An application shall be approved if it is timely received,
signed and dated by the applicant, contains the applicant's name and residence
and mailing addresses, and states that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section 203B.02. The application may contain a request for
the voter's date of birth, which must not be made available for public
inspection. An application may be
submitted to the county auditor or municipal clerk by an electronic facsimile
device or other electronically transmitted image. An application mailed or returned in person
to the county auditor or municipal clerk on behalf of a voter by a person other
than the voter must be deposited in the mail or returned in person to the
county auditor or municipal clerk within ten days after it has been dated by
the voter and no later than six days before the election. The absentee ballot applications or a list
of persons applying for an absentee ballot may not be made available for public
inspection until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an absentee ballot
application.
If an application cannot be approved because it is missing
information, the auditor or clerk must attempt to obtain the information by
mail, electronic mail, or telephone. If
the missing information cannot be obtained, or if for any other reason the
application cannot be approved, the auditor or clerk must notify the voter in
writing of the reason for the rejection and must make a reasonable attempt to
send a new application.
Sec. 29. Minnesota
Statutes 2002, section 203B.04, subdivision 4, is amended to read:
Subd. 4. [ALTERNATE
FORM OF REGISTRATION AT TIME OF APPLICATION.] An eligible voter who
is not registered to vote but who is otherwise eligible to vote by
absentee ballot may register by including a completed voter registration card
application with the absentee ballot.
The individual shall present proof of residence as required by section
201.061, subdivision 3, to the individual who witnesses the marking of the
absentee ballots.
Sec. 30. Minnesota
Statutes 2002, section 203B.04, subdivision 5, is amended to read:
Subd. 5. [PERMANENT
ILLNESS OR DISABILITY.] (a) An eligible voter who reasonably expects to be
permanently unable to go to the polling place on election day because of
illness or disability may apply to a county auditor or municipal clerk under
this section to automatically receive an absentee ballot application before
each election, other than an election by mail conducted under section 204B.45,
and to have the status as a permanent absentee voter indicated on the voter's
registration record. Voters covered
by this subdivision are exempt from mail-in requirements in section 201.061,
subdivision 1a.
(b) The secretary of state shall adopt rules governing
procedures under this subdivision.
Sec. 31. Minnesota
Statutes 2002, section 203B.04, is amended by adding a subdivision to read:
Subd. 6.
[PERMANENT APPLICATION.] An eligible voter who meets the requirements
in subdivision 5 may apply to the county auditor or municipal clerk to
automatically receive an absentee ballot application for each election in which
the voter is eligible to vote. The
county auditor shall make available the form provided in subdivision 9 for this
purpose. The voter shall complete the
form and return it to the county auditor or municipal clerk. A municipal clerk who receives a completed
application shall immediately forward it to the county auditor. The voter's permanent application status
must be indicated and permanently maintained on the voter's registration record
on the statewide voter registration system.
The county auditor shall maintain a list of voters who have
applied to automatically receive an absentee ballot application. At least 45 days before each election, the
county auditor or municipal clerk shall send an absentee ballot application to
each person on the list who is eligible to vote in the election.
Sec. 32. [203B.041]
[APPLICATION FORM; INSTRUCTIONS.]
Subdivision 1.
[ALTERNATIVE REQUIREMENTS.] (a) Absentee ballot applications prepared
under sections 203B.06, subdivision 1, and 203B.17, subdivision 2, must be in
the form prescribed by the secretary of state.
The secretary of state shall make the forms available by January 1 of
even-numbered years by electronic means.
(b) An absentee ballot application prepared under section
203B.06, subdivision 1, must include spaces for the following information: the elections for which the absentee ballot
is requested; the reason under section 203B.02, subdivision 1, for requesting
the ballot; the voter's name, date of birth, Minnesota driver's license number
or Minnesota state identification number, resident address in the county,
telephone number, electronic mail address, and address to which the ballots are
to be mailed; the date of the request; the voter's signature; and instructions
to the voter on completing the form and returning the application as soon as
possible.
(c) An absentee ballot application prepared under section
203B.17, subdivision 2, must include spaces for the following information: the voter's name, date of birth, and address
of present or former residence in Minnesota; a statement and boxes a voter must
check to indicate that the voter is a member of the armed forces, a spouse or
dependent of a member of the armed forces, temporarily outside the United
States, or permanently living outside the United States; a statement that the
voter expects to be absent from the voter's precinct at the time of the
election; the address to which the absentee ballot is to be mailed; the voter's
signature or the signature and relationship of the individual authorized to
apply on the voter's behalf; the voter's telephone number, electronic mail
address, and military number or passport number; and a signature line and title
for the authorized witness under section 203B.17, subdivision 2, paragraph
(f). The form must include instructions
to the voter on completing the form and on who may complete the form on the
voter's behalf. The form must include
instructions that the application may be dropped off, mailed, sent by
facsimile, or submitted by electronic image.
The form must include instructions to return the application as soon as
possible.
(d) An absentee ballot application
prepared under section 203B.02, subdivision 4, must include a statement of
eligibility in which the voter affirms that the voter will be at least 18 years
old on election day, is a citizen of the United States, and is not under
court-ordered guardianship of the person without retaining the right to vote,
has not been found by a court to be legally incompetent to vote, and has not
been convicted of a felony without having civil rights restored, and has
previously lived in Minnesota and has moved from Minnesota to another state
within 30 days of a presidential election and is not eligible to vote in the
state in which the voter now resides.
The form must include spaces for the voter's name, date of birth, former
address in Minnesota, including city or town and county, electronic mail
address, telephone number, the address to which the ballot should be mailed,
the applicant's signature, and a statement that the information provided on the
application is true and correct.
Subd. 2.
[ABSENTEE BALLOT INSTRUCTIONS.] The following instructions must be
sent with an absentee ballot application prepared pursuant to section 203B.06,
subdivision 1:
"INSTRUCTIONS
1. To vote by
absentee ballot
* you must be an eligible voter, and
* you must reside at the legal residence address you give on
this application on election day.
It is a felony to make a
false statement in an application for an absentee ballot, to apply for an
absentee ballot more than once in an election with the intent to cast an
illegal ballot, to show a ballot marked by a person to another person, or to
violate an absentee ballot provision for the purpose of casting an illegal vote
or to help anyone to cast an illegal vote.
2. Check the
appropriate box indicating why you cannot go to your polling place on election
day; these are the only reasons that entitle you to vote by absentee ballot.
3. Give your correct
legal residence address as completely as possible, since this is used to verify
your precinct number.
4. Sign the
application.
5. Return the
completed application as soon as possible to the election official from whom
you received it.
Remember:
- You must indicate whether you are requesting ballots for
the primary or general election, or both.
- Do not submit more than one application for each election.
- Your absentee ballots will be mailed or delivered to you
as soon as they are available.
- Ballots received by election officials after election day
will not be counted."
Subd. 3.
[POSTCARD APPLICATION.] The absentee ballot application may be
printed as a postcard application or in any other manner considered appropriate
by the secretary of state. If the
application is printed as a postcard application, it must conform to United
States Postal Service requirements.
Subd. 4. [PERMANENT APPLICATION FORM.] The permanent application form
must be in the form prescribed by the secretary of state. The secretary of state shall make the forms
available by January 1 of even-numbered years by electronic means. The form must include space for the
following information: the voter's
name, residence address, address to which the ballot should be mailed,
telephone number, electronic mail address, date of birth, and Minnesota
driver's license number or Minnesota state identification number; and a
certification of the voter that the voter reasonably expects to be permanently
unable to vote in person at the polling place for the voter's precinct due to
illness or disability. The form must
also include a statement that the voter requests an application for absentee
ballots to be sent to the voter before each election in which the voter is
eligible to vote.
Subd. 5. [AGENT
DELIVERY APPLICATION.] An application for agent delivery may be combined in
one document with an absentee ballot application.
Sec. 33. [203B.042]
[APPLICATIONS FROM CHALLENGED VOTERS.]
(a) A voter registration application must be sent with the
ballot to any challenged voter who applies for an absentee ballot. The absentee ballot process must be
administered as if the voter was not registered to vote.
(b) The following notice must accompany nonregistered
absentee ballot materials:
"IMPORTANT NOTICE TO CHALLENGED VOTERS BEFORE VOTING:
Pursuant to Minnesota Statutes, chapter 201, the county
auditor is required to "challenge" your voter registration, either
because of a notification from the post office that you no longer live at the
address listed on your voter registration or because of another question about
your eligibility to vote.
To remove the challenge so that your ballot can be counted,
you must complete the enclosed Minnesota voter registration application. Read the statement at the bottom of the
registration application and sign the application only if all parts apply to
you. To complete the return envelope,
follow the instructions provided."
Sec. 34. Minnesota
Statutes 2002, section 203B.06, subdivision 4, is amended to read:
Subd. 4. [REGISTRATION
CHECK.] Upon receipt of an application for ballots, the county auditor,
municipal clerk, or election judge acting pursuant to section 203B.11, who
receives the application shall determine whether the applicant is a registered
voter. If the applicant is not registered
to vote, the county auditor, municipal clerk, or election judge shall
include a voter registration card application among the election
materials provided to the applicant. If
the county auditor, municipal clerk, or election judge determines that the voter's
registration is incomplete under section 201.061, subdivision 2, the voter must
be notified that the voter registration application is incomplete and a voter
registration application must be included with the nonregistration absentee
ballot materials. The voter may
register using nonregistration absentee procedures.
Sec. 35. Minnesota
Statutes 2002, section 203B.06, subdivision 7, is amended to read:
Subd. 7. [SPECIAL
POSTAL SERVICES.] If the federal government or any of its branches, departments,
agencies or other instrumentalities makes any special service available for the
mailing of absentee voting materials, any county auditor or municipal clerk may
use the service. A county auditor
may use envelopes prepaid by applicants for express or similar delivery
service.
Sec. 36.
Minnesota Statutes 2002, section 203B.07, is amended to read:
203B.07 [RETURN AND BALLOT ENVELOPES; DIRECTIONS TO VOTERS.]
Subdivision 1.
[DELIVERY OF ENVELOPES, DIRECTIONS.] The county auditor or the municipal
clerk shall prepare, print, and transmit a return envelope, a ballot envelope,
and a copy of the directions for casting an absentee ballot to each applicant
whose application for absentee ballots is accepted pursuant to section 203B.04. The directions for casting an absentee
ballot shall be printed in at least 14-point bold type with heavy leading and
may be printed on the ballot envelope.
When a person requests the directions in Braille or on cassette tape,
the county auditor or municipal clerk shall provide them in the form
requested. The secretary of state shall
prepare Braille and cassette copies and make them available on request.
When a voter registration card application is
sent to the applicant as provided in section 203B.06, subdivision 4, the
directions or registration card shall application must include
instructions for registering to vote. County
auditors and other persons administering the absentee process in jurisdictions
whose boundaries include any part of an Indian reservation must, when
responding to a request that is made from an address within the Indian
reservation, also include information on the use of tribal information valid
for proving residence within that jurisdiction for voting purposes.
Subd. 2. [DESIGN OF
ENVELOPES.] The return envelope shall must be of sufficient size
to conveniently enclose and contain the ballot envelope and a voter
registration card application folded along its perforations. The return envelope shall be designed to
open on the left hand end. A certificate
of eligibility to vote by absentee ballot shall be printed on the right hand
three-fourths of the back of the envelope.
The certificate shall contain a statement to be signed and sworn by the
voter indicating that the voter meets all of the requirements established by
law for voting by absentee ballot. The
certificate shall also contain a statement signed by a person who is registered
to vote in Minnesota or by a notary public or other individual authorized to
administer oaths stating that:
(a) (1) the ballots were displayed to that
individual unmarked;
(b) (2) the voter marked the ballots in that
individual's presence without showing how they were marked, or, if the voter
was physically unable to mark them, that the voter directed another individual
to mark them; and
(c) (3) if the voter was not previously
registered, the voter has provided proof of residence as required by section
201.061, subdivision 3.
The county auditor or municipal clerk shall affix first class
postage to the return envelopes.
Sec. 37. [203B.071]
[INSTRUCTIONS TO ABSENTEE VOTER.]
Subdivision 1.
[REQUIRED INSTRUCTIONS.] Instructions to the absentee voter must be
enclosed with the absentee ballot materials mailed or delivered to the absent
voter. The instructions must be in the
form provided in subdivision 2, 3, or 6.
The instructions may include a telephone number or electronic mail
address that voters can call or write to for help in absentee voting. In election jurisdictions using electronic
voting systems, the instructions must explain how to correctly mark and fold
the electronic voting system ballots.
The instructions must inform the voter of the effect of casting multiple
votes for an office and, in the case of a partisan primary, the effect of voting
for candidates of more than one party.
The instructions must include information on how to correct a ballot
before it is cast and counted, including instructions on how to request a
replacement ballot if the voter is unable to change the ballot or correct an
error.
Subd. 2. [UNREGISTERED VOTERS AND VOTERS WITH DEFICIENT REGISTRATIONS.] The
following instructions must be sent to unregistered absentee voters and to
voters whose registrations are incomplete under section 201.061, subdivision 2:
"INSTRUCTIONS
TO ABSENTEE VOTERS
WHO
ARE CURRENTLY NOT REGISTERED IN MINNESOTA,
WHOSE
REGISTRATIONS HAVE BEEN DULY
CHALLENGED,
OR WHO REGISTERED BY MAIL OR
WHO
HAVE NOT COMPLETED REGISTRATION REQUIREMENTS
Follow these instructions carefully.
Before you vote by absentee ballot you must have a witness.
Step 1. Locate one
of the following individuals to serve as your witness:
a. anyone who is
registered to vote in Minnesota including your spouse or another relative who
meets this qualification;
b. a notary public;
or
c. any person having
authority to administer oaths.
Step 2. Fill out the
voter registration application.
Remember to sign your name at the bottom of the application.
Step 3. Show your
witness your proof of residence in the precinct. One of the following documents may be used as proof of residence:
a. a valid Minnesota
driver's license, permit, or identification card, or a receipt for any of these
forms, that contains your current address;
b. one document from
the list in (i) and one document from the list in (ii):
(i) an original bill in your name for gas, electric,
telephone, cable television, solid waste, water, or sewer services showing your
current address and due up to 30 days before or after election day; and
(ii) your Minnesota driver's license or identification card,
United States passport, United States military identification card with your
photograph, or Minnesota postsecondary student identification card with your
photograph;
c. the signature of
a registered voter who lives in your precinct; if your witness is registered to
vote in your precinct, your witness may also vouch for you;
d. a student
identification card, registration card, or fee statement that contains the
student's current address in the precinct; or
e. a current valid
registration in the same precinct.
Step 4. Show your
witness the unmarked ballots.
Step 5. Mark the
ballots in secrecy. If you are disabled
or otherwise unable to mark the ballots, you may ask your witness to assist
you. Mark your votes in the manner
shown or explained at the top of the ballots.
Follow the instructions under each office that tell you how many votes
can be cast and do not cast more votes than instructed. Casting more votes than instructed for an
office will prevent your votes from being counted for that office.
FOR PRIMARY VOTERS ONLY:
Carefully follow the instructions on the ballot. If you are voting in a partisan primary, you
may only vote for candidates of one party.
Voting for candidates in more than one party will prevent your partisan
ballot from being counted.
If you make an error when marking your ballot, you may
request a new ballot from the election official from whom you received your
ballot. If you cannot request a new
ballot for any reason, completely erase any errors and remark your ballot.
Step 6. Fold each
ballot. Do not put any identifying
marks on the ballot.
Step 7. Place all
voted ballots in the tan ballot envelope and seal the envelope. Do not write on the ballot envelope.
Step 8. Place the
tan secrecy envelope and your completed voter registration application into the
white ballot return envelope and seal the envelope.
Step 9. Print your
name and address and sign your name on the back of the white ballot return
envelope. The name, address, and
signature of your witness are required as well.
Step 10. Return your
ballot to the address on the white ballot return envelope in one of the
following ways:
a. by mail so it
will be delivered by election day;
b. in person no
later than 5:00 p.m. on the day before election day; or
c. by having someone
else return your ballot by 3:00 p.m. on election day (this person cannot be a
candidate and cannot return ballots for more than three voters).
Note: Follow these instructions carefully. An improperly completed ballot, or statement of voter or witness,
will invalidate your votes. If you have
any questions, please call ............"
Subd. 3.
[INSTRUCTIONS FOR REGISTERED VOTERS.] The following instructions must
be sent to registered absentee voters:
"INSTRUCTIONS
TO ABSENTEE VOTERS
Follow these instructions carefully.
Before you vote by absentee ballot you must have a witness.
Step 1. Locate one
of the following individuals to serve as your witness:
a. anyone who is
registered to vote in Minnesota including your spouse or another relative who
meets this qualification;
b. a notary public;
or
c. any person having
authority to administer oaths.
Step 2. Show your
witness the unmarked ballots.
Step 3. Mark the
ballots in secrecy. If you are disabled
or otherwise unable to mark the ballots, you may ask your witness to assist
you. Mark your votes in the manner
shown or explained at the top of the ballots.
Follow the instructions under each office that tell you how many votes
can be cast and do not cast more votes than instructed. Casting more votes than instructed for an
office will prevent your votes from being counted for that office.
FOR PRIMARY VOTERS ONLY: Carefully follow the instructions on the ballot. If you are voting in a partisan primary, you
may only vote for candidates of one party.
Voting for candidates in more than one party will prevent your partisan
ballot from being counted.
If you make an error when marking your ballot, you may
request a new ballot from the election official from whom you received your
ballot. If you cannot request a new
ballot for any reason, completely erase any errors and remark your ballot.
Step 4. Fold each
ballot. Do not put any identifying
marks on the ballot.
Step 5. Place all
voted ballots in the tan ballot secrecy envelope and seal the envelope. Do not write on the ballot envelope.
Step 6. Place the
tan ballot secrecy envelope into the white ballot return envelope and seal the
envelope.
Step 7. Print your
name and address and sign your name on the back of the white ballot return
envelope. The name, address, and
signature of your witness are required as well.
Step 8. Return your
ballot to the address on the white ballot return envelope in one of the
following ways:
a. by mail so it
will be delivered by election day;
b. in person no
later than 5:00 p.m. on the day before election day; or
c. by having someone
else return your ballot by 3:00 p.m. on election day (this person cannot be a
candidate and cannot return ballots for more than three voters).
Note: Follow these instructions carefully. An improperly completed ballot, or statement of voter or witness,
will invalidate your votes. If you have
any questions, please call ..........."
Subd. 4.
[PRESIDENTIAL BALLOT RETURN ENVELOPE.] The secretary of state must
provide the form of the presidential ballot return envelope by January 1 of
every even-numbered year to the county auditor through electronic means. The form of the affidavit on the back of the
envelope must include spaces for the following information: the voter's name, former address in Minnesota,
including city or town and county, a statement of eligibility, the voter's
signature, and the date. The statement
of eligibility must be an affirmation that the voter will be at least 18 years
old on election day, is a citizen of the United States, and is not under
court-ordered guardianship of the person without retaining the right to vote,
has not been found by a court to be legally incompetent to vote, and has not
been convicted of a felony without having civil rights restored, and has
previously lived in Minnesota and has moved from Minnesota to another state
within 30 days of a presidential election and is not eligible to vote in the
state in which the voter now resides.
Sec. 38. [203B.072]
[STATEMENT OF ABSENTEE VOTER.]
Subdivision 1.
[FORM.] Except as provided in subdivision 4, the statement of
absentee voter for persons voting under sections 203B.04 to 203B.15 must be as
follows:
"TO
BE COMPLETED BY VOTER
VOTER'S NAME (PLEASE PRINT)
______________________________________________
VOTER'S ADDRESS (PLEASE
PRINT)
______________________________________________
I certify that on election
day I will meet all the legal requirements to vote by absentee ballot.
VOTER'S SIGNATURE
DATE
____________________ __________
TO BE COMPLETED BY WITNESS
I certify that the voter
* showed me the blank ballots before voting;
* marked the ballots in secrecy or, if physically unable to
mark the ballots, the ballots were marked as directed by the voter;
* enclosed and sealed the ballots in the secrecy envelope;
* registered to vote by filling out and enclosing a voter
registration application in the ballot envelope; and
* provided proof of residence as indicated below.
NAME OF WITNESS (PLEASE
PRINT)
__________________________________________
ADDRESS OF WITNESS (PLEASE
PRINT)
__________________________________________
SIGNATURE OF WITNESS
DATE
_______________________
__________
TITLE OF WITNESS (IF AN
OFFICIAL)
__________________________________
PROOF OF RESIDENCE USED BY VOTER
Witness - please check one:
( ) MN Driver's License/Permit/ID Card or receipt with
current address.
Number: ______________________
( ) Utility bill plus a MN Driver's License/ID Card, U.S.
passport, U.S. military ID card with picture, or student ID card with picture.
Number: ______________________
( ) Previous registration in the same precinct.
( ) Student ID Number:
________________________
( ) Notice of Late Registration from county auditor or
municipal clerk.
( ) Registered voter in the precinct who vouched for
absentee voter's residence in the precinct.
(Please complete the next three lines.)
VOUCHER'S NAME (PLEASE
PRINT)
__________________________________________
VOUCHER'S ADDRESS (PLEASE
PRINT)
__________________________________________
VOUCHER'S SIGNATURE
"
Subd. 2. [FIRST
TWO LINES.] The county auditor or municipal clerk may complete the first two
lines of a statement of absentee voter form before mailing it to the absent
voter by printing the name and address of the absent voter or by attaching a
mailing label.
Subd. 3.
[PRINTING SPECIFICATIONS.] The statement must be printed on the
right-hand three-fourths of the back of the absentee ballot return
envelope. The words "TO BE
COMPLETED BY VOTER" must be printed in no smaller than 12-point type in
capital letters. The remainder of the
statement must be printed in no smaller than 8-point medium type.
Subd. 4.
[ALTERNATIVE STATEMENT.] As an alternative, a county auditor may
print two different versions of the statement.
One version must be provided to absentee voters not previously
registered to vote and must be printed as prescribed in subdivision 1. An alternate version may be printed in the
form shown in subdivision 5 and must be provided only to absentee voters who
are registered to vote at the time of application. The statement must be printed according to the specifications in
subdivision 3.
Subd. 5.
[ALTERNATIVE STATEMENT OF ABSENTEE VOTER FORM.] The alternative
statement of absentee voter form must be as follows:
"TO
BE COMPLETED BY VOTER
VOTER'S NAME (PLEASE PRINT)
______________________________________________
VOTER'S ADDRESS (PLEASE
PRINT)
______________________________________________
I certify that on election
day I will meet all the legal requirements to vote by absentee ballot.
VOTER'S SIGNATURE
____________________ __________
TO BE COMPLETED BY WITNESS
I certify that the voter
* showed me the blank ballots before voting;
* marked the ballots in secrecy or, if physically unable to
mark the ballots, the ballots were marked as directed by the voter;
* enclosed and sealed the ballots in the secrecy envelope.
NAME OF WITNESS (PLEASE
PRINT)
__________________________________________
ADDRESS OF WITNESS (PLEASE
PRINT)
__________________________________________
SIGNATURE
OF WITNESS
DATE
________________________
__________
TITLE OF WITNESS (IF AN
OFFICIAL)
"
Sec. 39. [203B.211]
[MILITARY AND OVERSEAS VOTERS.]
The following instructions must be sent to military and
overseas absentee voters voting under sections 203B.16 to 203B.27:
"INSTRUCTIONS
TO ABSENTEE VOTERS
Follow these instructions carefully:
Step 1. Mark the
ballots in secrecy. Mark your votes in
the manner shown or explained at the top of the ballots. Follow the instructions under each office
that tell you how many votes can be cast and do not cast more votes than
instructed. Casting more votes than instructed
for an office will prevent your votes from being counted for that office.
FOR PRIMARY VOTERS ONLY:
Carefully follow the instructions on the ballot. If you are voting in a partisan primary, you
may only vote for candidates of one party.
Voting for candidates in more than one party will prevent your partisan
ballot from being counted.
If you make an error when marking your ballot, you may erase
any errors and remark your ballot or you may request a new ballot from the
county auditor from whom you received your ballot. If you are outside the United States and have not received your
replacement ballot within a reasonable time so that you can mark your
replacement ballot and return it by election day, use the federal write-in
absentee ballot.
If you are disabled or otherwise unable to mark the ballots,
you may have someone assist you. Do not
permit any other individual to observe the marking of the ballot.
Step 2. Fold each ballot. Do not
put any identifying marks on the ballot.
Step 3. Place all
completed ballots in the tan ballot secrecy envelope and seal the
envelope. Do not write on the tan
ballot secrecy envelope. Do not permit
other individuals to see your ballot before sealing the ballot envelope.
Step 4. Place the
tan ballot secrecy envelope into the white ballot return envelope and seal the
envelope.
Step 5. Write your
military identification number or passport number on the back of the white
ballot return envelope. If you cannot
provide your military identification number or passport number on the return
ballot envelope, you must have the signature and certification of a
commissioned officer of the armed forces or any official authorized to
administer oaths under federal law or the law of the state of Minnesota or other
place where the oath is administered.
Step 6. Print your
name and your present or last address in Minnesota. Date and sign your name on the back of the white ballot return
envelope.
Step 7. Return your
ballot to the address on the white ballot return envelope by mail or expedited
delivery service so it will be delivered by no later than election day.
Note:
Follow these instructions carefully.
An improperly completed ballot or ballot envelope may invalidate your
votes. If you have any questions,
please call ..........."
Sec. 40. [203B.073]
[ABSENTEE BALLOT ENVELOPE.]
Subdivision 1.
[FORM.] The absentee ballot return envelope for persons casting an
absentee ballot under sections 203B.04 to 203B.15 must be printed according to
the following specifications:
(a) The envelope must be no smaller than 10-3/8 inches by
4-1/2 inches.
(b) The words and numbers printed on the left-hand side of
the envelope must be in no smaller than 12-point bold type.
(c) The words "ABSENTEE BALLOT RETURN ENVELOPE"
printed across the face of the envelope must be in no smaller than 18-point
bold type in capital letters.
(d) The envelope must be white in color with black ink.
(e) The flap on one end of the back side of the envelope may
be printed as follows:
"FOR OFFICE USE ONLY"
( ) ACCEPTED ( ) REJECTED Reason: .......
Subd. 2.
[MAILING ADDRESS.] (a) County auditors and municipal clerks must
print a mailing address on each return envelope mailed or delivered to an
absent voter. The address block must be
located in the lower right one-fourth of the envelope. A return envelope may be addressed to the
county auditor, municipal clerk, or election judges of the precinct in which
the absent voter is eligible to vote.
(b) If an auditor has the duty to address envelopes for a
municipality and the envelopes are to be addressed to the election judges, the
clerk shall notify the auditor of the proper mailing address of each polling
place in the municipality. The clerk
shall immediately notify the auditor of every change in the initial
notification.
Subd. 3. [WARD AND PRECINCT NUMBER.] The person mailing or delivering
absentee ballots to an absent voter must, before doing so, fill in the absent
voter's ward and precinct number in the spaces provided on the left-hand side
of the return envelope, unless this information is contained on a label that
has been affixed to the envelope.
Subd. 4. [RETURN
ADDRESS.] A county auditor or municipal clerk may affix the return address
to the upper left-hand corner of the return envelope.
Subd. 5. [MARKS
OR LOGO APPROVED BY UNITED STATES POSTAL SERVICE.] Marks or a logo approved
by the United States Postal Service to identify ballot materials as official
election mail may be printed on the absentee ballot return envelope.
Subd. 6. [SAMPLE
ENVELOPE LAYOUT.] The secretary of state shall provide samples of the layout
of the front and back of the envelope.
Sec. 41. [203B.212]
[MILITARY AND OVERSEAS VOTERS; ENVELOPE.]
The absentee ballot return envelope for military and
overseas voters must be printed according to paragraphs (a) to (i).
(a) The envelope may not be more than 11-1/2 inches in
length nor less than 5-1/2 inches in length.
(b) The envelope may not be more than 6-1/8 inches in width
nor less than 3-1/2 inches in width.
(c) In the upper right-hand corner, a postage symbol and box
must be imprinted:
"U.S.
Postage Paid
39
USC 3406"
(d) The words "PAR AVION" must be printed in
12-point bold type in capital letters one-half inch below the postage box.
(e) The words "OFFICIAL ABSENTEE BALLOTING MATERIAL --
FIRST CLASS MAIL No Postage Necessary In The U.S. Mail - DMM E080" must be
printed in 18-point bold type and inside a box.
(f) The envelope must be white in color with black ink used
for all printing.
(g) County auditors or municipal clerks must address the
return envelope as provided in section 203B.08.
(h) Facing identification marks must be positioned as
specified in United States Postal Service instructions for facing
identification marks.
(i) Marks approved by the United States Postal Service to
identify ballot materials may be printed on the absentee ballot envelopes.
(j) The envelope must be signed by the voter and must be
dated.
Sec. 42. Minnesota Statutes
2002, section 203B.11, subdivision 1, is amended to read:
Subdivision 1.
[GENERALLY.] Each full-time municipal or school district clerk
who has authority under section 203B.05 to administer absentee voting laws
shall designate election judges to deliver absentee ballots in accordance with
this section. The county auditor this
section if the municipal clerk is not designated to perform absentee ballot
duties. A ballot may be delivered
only to an eligible voter who is a temporary or permanent resident or patient
in a health care facility or hospital located in the municipality in which the
voter maintains residence. The ballots
shall be delivered by two election judges, each of whom is affiliated with a
different major political party. When
the election judges deliver or return ballots as provided in this section, they
shall travel together in the same vehicle.
Both election judges shall be present when an applicant completes the
certificate of eligibility and marks the absentee ballots, and may assist an
applicant as provided in section 204C.15.
The election judges shall deposit the return envelopes containing the
marked absentee ballots in a sealed container and return them to the clerk on
the same day that they are delivered and marked. may
shall also designate election judges to perform the duties in
Sec. 43. Minnesota
Statutes 2002, section 203B.12, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION
OF RETURN ENVELOPES.] Two or more election judges shall examine each return envelope
and shall mark it accepted or rejected in the manner provided in this
subdivision. If a ballot has been
prepared under section 204B.12, subdivision 2a, or 204B.41, the election judges
shall not begin removing ballot envelopes from the return envelopes until 8:00
p.m. on election day, either in the polling place or at an absentee ballot
board established under section 203B.13.
The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the word
"Accepted" if the election judges or a majority of them are satisfied
that:
(1) the voter's name and address on the return envelope are the
same as the information provided on the absentee ballot application;
(2) the voter's signature on the return envelope is the genuine
signature of the individual who made the application for ballots and the
certificate has been completed as prescribed in the directions for casting an
absentee ballot;
(3) the voter is registered and eligible to vote in the
precinct or has included a properly completed registration card in the return
envelope; and
(4) the voter has not already voted at that election, either in
person or by absentee ballot.
The return envelope from accepted ballots must be preserved and
returned to the county auditor.
If all or a majority of the election judges examining return
envelopes find that an absent voter has failed to meet one of the requirements
prescribed in clauses (1) to (4), they shall mark the return envelope
"Rejected," initial or sign it below the word "Rejected,"
and return it to the county auditor.
If more than one return envelope is received and accepted
from a voter, the ballots in the return envelope bearing the latest date must
be counted and all other return envelopes received from that voter must be
returned with the rejected ballots.
Sec. 44. Minnesota
Statutes 2002, section 203B.20, is amended to read:
203B.20 [CHALLENGES.]
Except as provided in this section, the eligibility or
residence of a voter whose application for absentee ballots is recorded under
section 203B.19 may be challenged in the manner set forth by section
201.195. The county auditor or
municipal clerk shall not be required to serve a copy of the petition and
notice of hearing on the challenged voter.
If
the absentee ballot application was submitted on behalf of the voter by an
individual authorized under section 203B.17, subdivision 1, paragraph (a), the
county auditor must attempt to notify the individual who submitted the
application that the voter's eligibility has been challenged. All reasonable doubt shall be resolved in
favor of the validity of the application.
If the voter's challenge is affirmed, the county auditor shall provide
the challenged voter with a copy of the petition and the decision and shall
inform the voter of the right to appeal as provided in section 201.195.
Sec. 45. Minnesota
Statutes 2002, section 203B.21, subdivision 3, is amended to read:
Subd. 3. [BACK OF
RETURN ENVELOPE.] On the back of the return envelope an affidavit form shall
appear with space for:
(a) (1) the voter's address of present or former
residence in Minnesota;
(b) A statement indicating the category described in section
203B.16 to which the voter belongs;
(c) (2) a statement that the voter has not cast
and will not cast another absentee ballot in the same election or elections;
(d) (3) a statement that the voter personally
marked the ballots without showing them to anyone, or if physically unable to
mark them, that the voter directed another individual to mark them; and
(e) (4) the voter's military identification card
number, passport number, or, if the voter does not have a valid passport or
identification card, the signature and certification of an individual
authorized to administer oaths or a commissioned or noncommissioned
officer of the military not below the rank of sergeant or its equivalent.
armed forces or any official authorized to administer oaths under federal
law or state law or the law of the place where the oath is administered;
(5) the federal oath.
The federal oath prescribed by the federal Help America Vote Act is as
follows:
"I swear or affirm, under penalty of perjury, that:
I am a member of the uniformed services or merchant marine
on active duty or an eligible spouse or dependent of such a member; a United
States citizen temporarily residing outside the United States; or other United
States citizen residing outside the United States; and
I am a United States citizen, at least 18 years of age (or will
be by the date of the election,) and I am eligible to vote in the requested
jurisdiction;
I have not been convicted of a felony, or other
disqualifying offense, or been adjudicated mentally incompetent, or, if so, my
voting rights have been reinstated; and
I am not registering, requesting a ballot, or voting in any
other jurisdiction in the United States except the jurisdiction cited in this
voting form.
In voting, I have marked and sealed my ballot in private and
have not allowed any person to observe the marking of the ballot, except for
those authorized to assist voters under state or federal law. I have not been influenced.
My signature and date below indicate
when I completed this document.
The information on this form is true, accurate, and complete
to the best of my knowledge. I
understand that a material misstatement of fact in completion of this document
may constitute grounds for a conviction for perjury."; and
(6) the signature of the voter and the date the affidavit
was signed.
Sec. 46. Minnesota
Statutes 2002, section 203B.22, is amended to read:
203B.22 [MAILING BALLOTS.]
The county auditor shall mail the appropriate ballots, as
promptly as possible, to an absent voter whose application has been recorded
under section 203B.19. If the county
auditor determines that a voter is not eligible to vote at the primary but will
be eligible to vote at the general election, only general election ballots
shall be mailed. Only one set of
ballots shall be mailed to any applicant for any election unless a set of
ballots is spoiled or lost in transit.
Ballots to be sent outside the United States shall be given priority in
mailing. A county auditor may make use
of any special service provided by the United States government for the mailing
of voting materials under sections 203B.16 to 203B.27. A county auditor may use envelopes
prepaid by applicants for express or similar delivery service.
Sec. 47. Minnesota
Statutes 2002, section 203B.24, is amended to read:
203B.24 [DUTIES OF ELECTION JUDGES.]
Subdivision 1. [CHECK
OF VOTER ELIGIBILITY; PROPER EXECUTION OF AFFIDAVIT.] Upon receipt of an
absentee ballot returned as provided in sections 203B.16 to 203B.27, the
election judges shall compare the voter's name with the names appearing on
their copy of the application records compiled under section 203B.19 to
insure that the ballot is from a voter eligible to cast an absentee ballot
under sections 203B.16 to 203B.27. Any
discrepancy or disqualifying fact shall be noted on the envelope by the
election judges. If a voter
whose name is not on the list submits a ballot, the ballot must be rejected and
the judge must write the reason for the rejection on the envelope. Failure to return unused ballots shall not
invalidate a marked ballot, but a ballot shall not be counted if the affidavit
on the return envelope is does not properly executed. contain
the following information: the voter's
name, signature, current or former address in the precinct, military
identification number or passport number or signature and certification of a
commissioned officer of the armed forces or any official authorized to
administer oaths under federal law or state law or other place where the oath
is administered. In all other
respects the provisions of the Minnesota Election Law governing deposit and
counting of ballots shall apply.
Subd. 2. [VOTING MORE
THAN ONCE.] The election judges shall compare the voter's name with the names
appearing on their copy of the list of persons prepared under section
203B.26 who have submitted an application records to insure that the
voter has not already returned a ballot in the election. The election judges must indicate on the
record whether an absentee ballot was accepted for each applicant whose name
appears on the record. If a voter
whose application has been recorded under section 203B.19 casts a ballot in
person on election day, no absentee ballot shall be counted for that
voter. If more than one return envelope
is received from a voter whose application has been recorded under section
203B.19, the ballots in the return envelope bearing the latest date shall be
counted and the uncounted ballots shall be returned by the election judges with
the rejected ballots. The election
judges must preserve the record and return it to the county auditor or
municipal clerk with the election day materials.
Sec. 48. Minnesota
Statutes 2002, section 204B.14, subdivision 2, is amended to read:
Subd. 2. [SEPARATE
PRECINCTS; COMBINED POLLING PLACE.] (a) The following shall constitute at least
one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be
established no later than June 1 of any year:
(1) for any city of the third or fourth class, any town, or any
city having territory in more than one county, in which all the voters of the
city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality that
if either of them has fewer than 100 registered voters or if they have a
combined total of fewer than 500 registered voters; or
(3) for up to four contiguous municipalities located entirely
outside the metropolitan area, as defined by section 473.121, subdivision 2,
that are contained in the same county.
A copy of the ordinance or resolution establishing a combined
polling place must be filed with the county auditor within 30 days after
approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body
of each participating municipality. A
municipality withdrawing from participation in a combined polling place must do
so by filing a resolution of withdrawal with the county auditor no later than
May 1 of any year.
The secretary of state shall provide a separate polling place
roster for each precinct served by the combined polling place. A single set of election judges may be
appointed to serve at a combined polling place. The number of election judges required must be based on the total
number of persons voting at the last similar election in all precincts to be
voting at the combined polling place.
Separate ballot boxes must be provided for the ballots from each
precinct except that if a single electronic precinct tabulator is used to count
ballots in the polling place for multiple precincts, the ballots for all
precincts may be deposited into the single ballot box of the precinct tabulator. The results of the election must be reported
separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer
than ten registered voters, in which case the results of that precinct must be
reported in the manner specified by the secretary of state.
Sec. 49. Minnesota
Statutes 2002, section 204B.16, subdivision 5, is amended to read:
Subd. 5. [ACCESS BY
ELDERLY AND HANDICAPPED.] Each polling place shall be accessible to and usable
by elderly and physically handicapped individuals. A polling place is deemed to be accessible and usable if it
complies with the standards in paragraphs (a) to (f).
(a) At least one set of doors must have a minimum width of 31
32 inches if the doors must be used to enter or leave the polling place.
(b) Any curb adjacent to the main entrance to a polling place
must have curb cuts or temporary ramps.
Where the main entrance is not the accessible entrance, any curb
adjacent to the accessible entrance must also have curb cuts or temporary
ramps.
(c) Where the main entrance is not the accessible entrance, a
sign shall be posted at the main entrance giving directions to the accessible
entrance.
(d) At least one set of stairs must have a temporary handrail
and ramp if stairs must be used to enter or leave the polling place.
(e) No barrier in the polling place may impede the path of the
physically handicapped to the voting booth.
(f) At least one handicapped parking space, which may be
temporarily so designated by the municipality for the day of the election, must
be available near the accessible entrance.
The doorway, handrails, ramps, and handicapped parking provided
pursuant to this subdivision must conform to the standards specified in the
State Building Code for accessibility by handicapped persons.
A governing body shall designate as polling places only those
places which meet the standards prescribed in this subdivision unless no
available place within a precinct is accessible or can be made accessible.
Sec. 50. Minnesota
Statutes 2002, section 204B.18, is amended to read:
204B.18 [POLLING PLACES; EQUIPMENT.]
Subdivision 1.
[BOOTHS.] Each polling place must contain a number of voting booths in
proportion to the number of individuals eligible to vote in the precinct. Each booth must be at least six feet high,
three feet deep and two feet wide with a shelf at least two feet long and one
foot wide placed at a convenient height for writing. The booth shall be provided with a door or curtains. Each accessible polling place must have at
least one accessible voting booth or other accessible voting station. All booths or stations must be constructed
so that a voter is free from observation while marking ballots. In all other polling places every effort
must be made to provide at least one accessible voting booth or other
accessible voting station must be provided. During the hours of voting, the booths or stations must have
instructions, a pencil, and other supplies needed to mark the ballots. If needed, A chair must be provided
for elderly and handicapped voters to use while voting or waiting to
vote. A writing surface must be
available for voters to use while filling out forms. All ballot boxes, voting booths, voting
stations, and election judges must be in open public view in the polling place.
Subd. 2. [BALLOT BOXES FOR
PAPER BALLOTS.] Each polling place shall be provided with one ballot box
for each kind of paper ballot to be cast at the election. The boxes shall be substantially the same
color as the ballots to be deposited in them.
Each box shall be of sufficient size and shall have a sufficient opening
to receive and contain all the ballots likely to be deposited in it. When buff or goldenrod ballot boxes are
required, a separate box must be provided for each school district for which
ballots are to be cast at that polling place.
The number and name of the school district must appear conspicuously on
the top of each buff or goldenrod ballot box.
Sec. 51. Minnesota
Statutes 2002, section 204B.25, subdivision 3, is amended to read:
Subd. 3. [TRAINED
ELECTION JUDGES; NUMBER REQUIRED.] Each election precinct in which less than
100 individuals voted at the last state general election shall have at least
two election judges who are members of different major political parties who
have received training as required in this section. An election judge who has not been trained under subdivision 1
must be trained by the head election judge. In every other election precinct, no individual may serve as an
election judge who has not received training as required by subdivision 1.
Sec. 52. Minnesota
Statutes 2002, section 204B.27, subdivision 3, is amended to read:
Subd. 3. [INSTRUCTION
POSTERS.] At least 25 days before every state election the secretary of state
shall prepare and furnish to the county auditor of each county elderly and handicapped
voters. Two instruction posters in which
paper ballots are used, voter instruction posters printed in large type upon
cards or on heavy paper. The
instruction posters must contain the information needed to enable the voters to
cast their paper ballots quickly and correctly and indicate the types of
assistance available for shall
must be furnished for each precinct in which paper ballots are used. The secretary of state shall also provide
posters informing voters of eligibility requirements to vote and of
identification and proofs accepted for election day registration. Posters furnished by the secretary of state
must also include all information required to be posted by the Help America
Vote Act, including: instructions on
how to vote, including how to cast a vote, instructions for mail-in registrants
and first-time voters, general information on voting rights under applicable
federal and state laws and instructions on how to contact the appropriate
officials if these rights are alleged to have been violated, and general
information on federal and state laws regarding prohibitions on acts of fraud
and misrepresentation.
Sec. 53. Minnesota
Statutes 2002, section 204B.45, subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.]
Notice of the election and the special mail procedure must be given at least
six weeks prior to the election. No
earlier than 20 days or later than 14 days prior to the election, the auditor
shall mail ballots by nonforwardable mail to all voters registered in the town
or unorganized territory. Eligible
voters not registered at the time the ballots are mailed may apply for ballots
as provided in chapter 203B. Ballot
return envelopes, with return postage provided, must be preaddressed to the
auditor or clerk and the voter may return the ballot by mail or in person to
the office of the auditor or clerk. The
costs of the mailing shall be paid by the election jurisdiction in which the
voter resides. A voter who has been
challenged or whose registration is incomplete pursuant to section 201.061,
subdivision 2, must be sent a voter registration application along with the
ballot materials and a notice that the voter must reregister in order to vote. Any ballot received by 8:00 p.m. on the day
of the election must be counted.
Sec. 54. [204B.461]
[MAIL BALLOTING.]
Subdivision 1.
[SCOPE.] This section applies to mail balloting conducted under
sections 204B.45 and 204B.46. Except as
otherwise provided in this section, sections 203B.001 to 203B.15 also apply to
mail balloting. In unorganized
territory, the county auditor shall perform the duties specified for the
municipal clerk.
Subd. 2.
[AUTHORIZATION.] The municipal governing body, school board, or
county board may authorize mail balloting by resolution adopted no later than
45 days prior to the first election at which mail balloting will be used. If mail balloting is adopted pursuant to
section 204B.45, the resolution remains in effect for all subsequent state and
county elections until revoked.
Revocation of the resolution may occur no later than 45 days before the
next affected election. Authorization
to conduct a special election pursuant to section 204B.46 expires after
completion of the election.
Subd. 3.
[NOTICE.] The municipal clerk or school district clerk shall notify
the county auditor of the adoption or discontinuance of mail balloting no later
than two weeks after adoption or revocation of the resolution. The county auditor shall send a similar
notice to the secretary of state for elections authorized pursuant to section
204B.45. The county auditor, municipal
clerk, or school district clerk shall post notice of mail ballot procedures at
least six weeks before each election.
Notice of mail ballot procedures must include:
(1) the name or description of the municipality or
unorganized territory;
(2) the date of the election and the dates that ballots will
be mailed;
(3) a statement that each voter registered by the 21st day
before the election will be mailed a ballot;
(4) the times, places, and manner in which voted ballots can
be returned;
(5) an explanation of how an eligible voter who is not
registered may apply for a ballot and how a registered voter who will be absent
from the precinct may apply to receive the ballot at a temporary address;
(6) the place and time for counting of ballots; and
(7) the name and address or telephone number of the official
or office where additional information can be obtained.
Before the first election at which mail balloting will be
used or discontinued, notice must also be given by one or more of the following
means: publication in a newspaper of
general circulation, posting of notice at public locations within each
precinct, dissemination of information through the media or at public meetings,
or mailed notice to registered voters.
Subd. 4.
[MAILING BALLOTS.] The county auditor, municipal clerk, or school
district clerk shall mail ballots to the voters registered in the municipality
or unorganized territory. A ballot
mailing must be sent to each registered voter no earlier than 20 or later than
14 days prior to the election. A
challenged voter must be sent nonregistered materials.
Ballots must be sent by nonforwardable mail. Ballots for eligible voters who reside in
health care facilities may be delivered as provided in section 203B.11. The ballot mailing must be addressed to the
voter at the voter's residence address as shown on the registration file unless
the voter completes an absentee ballot request as provided in section 203B.04
or 203B.16.
A return envelope, a ballot secrecy envelope, and
instructions for marking and returning mail ballots must be included with the
ballots. The instructions may include a
telephone number or electronic mail address which voters can call or write for
help in mail voting. At the request of
the secretary of state, a survey card that the voter can return to the
secretary of state must also be included.
The ballot return envelope must be printed with the mail voter's
certificate. The ballot return envelope
must be addressed for return to the county auditor, municipal clerk, or school
district clerk that is conducting the election. First class postage must be affixed to the return envelope.
Subd. 5. [FORM
OF INSTRUCTIONS TO MAIL VOTERS.] Mail ballots must include the following
instructions:
"INSTRUCTIONS
TO MAIL BALLOT VOTERS
Follow these instructions carefully.
Before you vote you must have a witness.
Step 1. Locate one
of the following individuals to serve as your witness:
a. anyone who is
registered to vote in Minnesota including your spouse or another relative who
meets this qualification;
b. a notary public;
or
c. any person having
authority to administer oaths.
Step 2. Show your
witness the unmarked ballots.
Step 3. Mark the
ballots in secrecy. If you are disabled
or otherwise unable to mark the ballots, you may ask your witness to assist
you. Mark your votes in the manner
shown or explained at the top of the ballots.
Follow the instructions under each office that tell you how many votes
can be cast and do not cast more votes than instructed. Casting more votes than instructed for an
office will prevent your votes from being counted for that office.
FOR PRIMARY VOTERS ONLY: Carefully follow the instructions on the
ballot. If your are voting in a
partisan primary, you may only vote for candidates of one party. Voting for candidates in more than one party
will prevent your partisan ballot from being counted.
If your make an error when marking your ballot you may
request a new ballot from the election official from whom you received your
ballot. If you cannot request a new
ballot for any reason, completely erase any errors and remark your ballot.
Step 4. Fold each
ballot. Do not put any identifying
marks on the ballot.
Step 5. Place all
voted ballots in the tan colored Ballot Secrecy Envelope and seal the
envelope. Do not write on this
envelope.
Step 6. Place the
tan colored ballot secrecy envelope into the white ballot return envelope and
seal the envelope.
Step 7. Print your
name and address and sign your name on the back of the white ballot return
envelope. The name, address, and
signature of your witness are required as well.
Step 8. Return your
ballot to the address on the white ballot return envelope by mail so it will be
delivered by election day or in person or through your designated agent no
later than 8:00 p.m. on election day.
If you have questions, please call (...) ...-.... ."
Subd. 6. [FORM
OF MAIL VOTER'S CERTIFICATE.] The mail voter's certificate must be as
follows:
"TO
BE COMPLETED BY VOTER
VOTER'S NAME (PLEASE PRINT)
___________________________________________
VOTER'S ADDRESS (PLEASE
PRINT)
___________________________________________
I certify that on election
day I will meet all the legal requirements to vote.
VOTER'S SIGNATURE
DATE
_______________________
__________
TO BE COMPLETED BY WITNESS
I certify that the voter
* showed me the blank ballots before voting;
* marked the ballots in secrecy or, if physically unable to
mark the ballots, the ballots were marked as directed by the voter; and
* enclosed and sealed the ballots in the secrecy envelope.
NAME OF WITNESS (PLEASE
PRINT)
________________________________________
ADDRESS
OF WITNESS (PLEASE PRINT)
________________________________________
SIGNATURE
OF WITNESS
DATE
________________________
__________
TITLE OF WITNESS (IF AN
OFFICIAL)
"
Subd. 7.
[NONREGISTERED ELIGIBLE VOTERS.] An eligible voter who was not
registered on the 21st day prior to the election may apply for and receive an
absentee ballot. Absentee voting in precincts
using mail balloting must be conducted under chapter 203B, except that the time
for applying for, receiving, and returning absentee ballots is extended until
8:00 p.m. on the day of the election.
The instructions to absentee voters must be those specified in section
203B.21. The statement of absentee
voter must be that specified in section 203B.072. The absentee ballot return envelope must be as specified in
section 203B.073.
Subd. 8.
[REPLACEMENT BALLOTS.] A voter who has spoiled a ballot may request a
replacement ballot from the official conducting the election by completing a
replacement mail ballot affidavit. The
spoiled ballot must be returned to the official who issued the ballot, either
by mail or in person, before a replacement ballot can be issued. The election official must put the returned
ballot in a spoiled ballot envelope. A
replacement ballot may also be issued to a voter who signs an affidavit stating
that the voter did not receive or lost the ballot mailed to the voter. The election official shall stamp or mark on
all replacement ballot return envelopes the words "REPLACEMENT
BALLOT" and shall maintain a record of all replacement ballots issued.
Subd. 9. [FORM
OF REPLACEMENT MAIL BALLOT AFFIDAVIT.] The replacement mail ballot affidavit
must be as follows:
"REPLACEMENT
MAIL BALLOT AFFIDAVIT OF
_____________________________________
(print
or type legal name of voter)
_____________________________________
(print
or type legal address)
I certify that
- I am a resident and eligible voter in
_____________________________________
(name
of township or territory)
- I am requesting a replacement ballot because I spoiled,
lost, or did not receive the ballot mailed to me;
- if I spoiled the ballot, I have returned the spoiled
ballot to the official who issued the ballot or it is enclosed with this
affidavit;
- if I receive both ballots or find
the first ballot, I will destroy the unused ballot and will vote only once; and
- I understand that voting twice is a felony punishable by
not more than five years imprisonment and a fine of not more than $10,000, or
both.
_____________
____________________________
(date)
(legal signature of voter)"
Subd. 10.
[UNDELIVERABLE BALLOTS.] Ballots returned by the post office as
undeliverable to the voter at the address of registration must be securely
retained. If the auditor, municipal
clerk, or school district clerk is able to verify the voter's residence at that
address, the ballot may be reissued. A
ballot undeliverable to the voter at the address of registration must be
considered a returned notice of verification as provided in section 201.12, and
the voter's registration must be challenged.
The official conducting the election shall maintain a record of all
undeliverable ballots.
If the ballot is returned by the post office with
notification of the voter's new address within the county, municipality, school
district, or unorganized territory holding the mail election, the auditor or
clerk shall resend a ballot to the voter along with a voter registration
application, an absentee ballot return envelope as provided in section 203.073,
subdivision 1, and a notice explaining the need and the procedure to register
at the voter's new address. The auditor
or clerk shall keep a list of individuals who are sent the second mailing and
will provide a copy of that list to the election judges for use in processing
the returned ballots. The list of
voters sent the second mailing will take the place of the absentee ballot
request form specified in section 203B.041.
Subd. 11.
[RETURNING BALLOTS.] Mail ballots may be returned to the official
conducting the election by mail, in person, or by designated agent. The official conducting the election must
accept ballots returned in person, or by designated agent, until 8:00 p.m. on
the day of the election. An individual
may not be the designated agent of more than three voters in one election.
Subd. 12.
[POLLING PLACE AND ELECTION JUDGES.] The only polling place required
for mail balloting is the office of the election official conducting the
election. The number of voting stations
set up in the office of the official conducting the election must be sufficient
to accommodate the number of voters expected to vote in person on election
day. On election day, the official
conducting the election shall provide one or more secure drop boxes where
voters can deposit return envelopes containing ballots. The governing body of the jurisdiction
conducting the election shall designate a suitable location where the election
judges can meet on election day to receive and count ballots. The location must be open for public
observation of the counting of ballots.
The governing body of the jurisdiction conducting the election shall appoint
election judges as provided in sections 204B.19 to 204B.21. For state elections, the county auditor
shall appoint election judges for mail ballot precincts and shall apportion the
cost of the election judges among the precincts voting by mail in that
election. The county auditor may
delegate the authority to appoint election judges for precincts voting by mail
in state elections to the municipal clerk.
During the day of the election at least two election judges must be
present at the office of the official conducting the election to accept mail
ballots delivered in person and to process persons registering on election
day. Additional judges may be appointed
as needed. If the ballots are to be
counted by hand and there are more than two questions or one office to be voted
on, at least one judge must be appointed for the counting of ballots for every
500 persons from whom ballots are expected to be returned.
Subd. 13.
[RECEIVING AND COUNTING BALLOTS.] On or before election day, the
election judges shall receive from the county auditor, municipal clerk, or
school district clerk, returned ballots, applications for absentee ballots,
affidavits for replacement ballots, and the list of voters sent a second
mailing of the ballot. The judges shall
arrange to receive from the election official any additional ballots received
in the mail or returned by a voter prior to 8:00
p.m. on election day. Ballots must be
transported to the location where ballot processing and counting will occur in
a sealed transfer case by two or more election judges. During the receiving and counting of
ballots, the ballots must at all times remain in the custody of two or more
election judges.
Prior to 8:00 p.m. on election day, the election judges may
examine the return envelopes, mark them "accepted" or
"rejected" and remove the ballot envelopes from the
"accepted" return envelopes.
The election judges may check any list of registered voters provided by
the county auditor or contact the county auditor to determine whether a witness
who did not provide an address is a registered voter and therefore an eligible
voter. The ballot envelopes must be
placed unopened in a locked ballot box or other sealed container. At 8:00 p.m. on election day, the election
judges shall open the ballot box, remove the ballots from the ballot envelopes,
and count the ballots.
Subd. 14.
[CHALLENGES.] Challengers appointed under section 204C.07 may be
present while the election judges are examining and accepting or rejecting the
return envelopes. Challenges must be
made and determined as provided in section 204C.13, subdivision 6.
Subd. 15.
[COSTS.] The governing body authorizing mail balloting shall pay the
costs of the mailing. Costs of mailing
include postage costs and the costs of printing required envelopes,
instructions, affidavits, and mailing labels.
Other expenses must be paid as provided in section 204B.32.
Subd. 16.
[ALTERNATE FORMS.] The secretary of state may authorize the alternate
use of envelopes and other forms related to mail elections.
Sec. 55. Minnesota
Statutes 2002, section 204C.06, subdivision 2, is amended to read:
Subd. 2. [INDIVIDUALS
ALLOWED IN POLLING PLACE.] (a) Representatives of the secretary of state's
office, the county auditor's office, and the municipal or school district
clerk's office may be present at the polling place to observe election
procedures. Except for these
representatives, election judges, sergeants-at-arms, and challengers, an
individual may remain inside the polling place during voting hours only while
voting or registering to vote, completing a form pursuant to section 200.04,
providing proof of residence for an individual who is registering to vote, or
assisting a handicapped voter or a voter who is unable to read English. During voting hours no one except
individuals receiving, marking, or depositing ballots shall approach within six
feet of a voting booth, unless lawfully authorized to do so by an election
judge.
(b) Teachers and elementary or secondary school students participating
in an educational activity authorized by section 204B.27, subdivision 7, may be
present at the polling place during voting hours.
Sec. 56. Minnesota
Statutes 2002, section 204C.10, is amended to read:
204C.10 [PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.]
(a) An individual seeking to vote shall sign a polling
place roster which states that the individual is at least 18 years of age, a
citizen of the United States, has resided in Minnesota for 20 days immediately
preceding the election, certifies maintains residence at the
address shown, is not under a guardianship of the person in
which the individual has not retained the right to vote, has not been found
by a court of law to be legally incompetent to vote or convicted of a felony
without having civil rights restored, is registered and has not already voted
in the election. The roster must
also state: "I understand that
deliberately providing false information is a felony punishable by not more
than five years imprisonment and a fine of not more than $10,000, or
both."
(b) A judge may, before the
applicant signs the roster, confirm the applicant's name, address, and date of
birth.
(c) After the applicant signs the roster, the judge
shall give the applicant a voter's receipt.
The voter shall deliver the voter's receipt to the judge in charge of
ballots as proof of the voter's right to vote, and thereupon the judge shall
hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an
election contest.
Sec. 57. Minnesota
Statutes 2002, section 204C.12, subdivision 4, is amended to read:
Subd. 4. [REFUSAL TO
ANSWER QUESTIONS OR SIGN A POLLING PLACE ROSTER; CONSEQUENCES OF SUCCESSFUL
CHALLENGE.] A challenged individual who is found to be ineligible to
vote in that precinct or who refuses to answer questions or sign a polling
place roster as required by this section must not be allowed to vote and the
county auditor must reclassify as inactive the record of the challenged individual
within 14 days following the challenge.
A challenged individual who leaves the polling place and returns
later willing to answer questions or sign a polling place roster must not be
allowed to vote.
Sec. 58. Minnesota
Statutes 2002, section 204C.24, subdivision 1, is amended to read:
Subdivision 1.
[INFORMATION REQUIREMENTS.] Precinct summary statements shall must
be submitted by the election judges in every precinct. For state elections, the election judges
shall complete three or more copies of the summary statements, and In a
central counting center, the election official in charge shall prepare the
summary statements. The summary
statement must state the name of the county; the name of the municipality,
school district, or special district; the precinct name and code; offices;
names of candidates; number of persons registered at 7:00 a.m. on election day;
number of ballots counted; vote totals; and any other data required by the
secretary of state. Each copy
shall summary statement must contain the following information for
each kind of ballot:
(a) the number of votes each candidate received, including
write-in candidates for state or federal office who have requested under
section 204B.09 that votes for those candidates be tallied, or the number
of yes and no votes on each question, the number of undervotes or partially
blank ballots, and the number of overvotes or partially defective ballots with
respect to each office or question;
(b) the number of totally blank ballots, the number of totally
defective ballots, the number of spoiled ballots, and the number of unused
ballots;
(c) the number of individuals who voted at the election in the
precinct;
(d) the number of voters registering on election day in that
precinct; and
(e) the number of regular absentee ballots;
(f) the number of military and overseas absentee ballots;
(g) the number of registered voters in the precinct as of
7:00 a.m. on election day;
(h) the number of ballots on hand as of 7:00 a.m., the
number of spoiled ballots, the number of unused ballots, the number of ballots
in the envelope marked "ballots for which duplicates were made," and
the number of ballots that were printed at or delivered to the precinct during
election day; and
(i) the signatures of the election judges who counted
the ballots certifying that all of the ballots cast were properly piled,
checked, and counted; and that the numbers entered by the election judges on
the summary statements correctly show the number of votes cast for each
candidate and for and against each question.
The summary statement may be a computer printout, a tape produced by
a vote tabulator, or a form designated by the secretary of state. The summary statement must include the tally
of write-in votes counted under section 204B.09.
For state elections, the election judges shall complete
three or more copies of the summary statement. At least two copies of the summary statement must be prepared for
elections not held on the same day as the state elections. The summary statements must be certified
to the official conducting the election.
The official conducting the election shall prepare one summary statement
for each jurisdiction canvassing the results of the election. For state elections, the county auditor
shall forward a summary statement to the secretary of state together with two
copies of the county canvassing board report.
The official conducting the election may authorize the printing of
copies of the summary statement for public information purposes. The official conducting the election shall
prepare copies of any additional forms required by the secretary of state.
Authorized personnel in each county must enter data
contained on the summary statements into the election reporting system for the
purpose of state reporting of the election results.
Sec. 59. [204C.275]
[INSPECTION OF POLLING PLACE ROSTERS.]
An individual who asks to inspect a polling place roster
used on election day must provide the county auditor with identification and a written
request stating the information required by section 201.091, subdivision
4. Before fulfilling the request for
inspection, the auditor must conceal the month and day of birth of each person
on the roster. Before fulfilling the
request for inspection, the auditor must conceal the address of any voter whose
registration is under court-ordered protection pursuant to section 201.091.
Sec. 60. [204C.255]
[PROCEDURES FOLLOWING CLOSE OF POLLS.]
Subdivision 1.
[BALLOTS NOT ISSUED, SECURED.] All ballots that are not issued to
voters must be secured for return to the official in charge of the election for
the election jurisdiction.
Subd. 2. [TOTAL
NUMBER OF VOTERS.] The total number of voters, determined pursuant to
section 204C.20, subdivision 1, must be entered on the summary statement.
Sec. 61. [204C.245]
[CERTIFICATE OF ELECTION JUDGES.]
The election judges shall sign a "certificate of
election judges." The certificate
must state:
(1) the number of persons voting as shown on the summary
statement;
(2) that the order of the offices and questions to be voted
on and the candidates' names on the ballots were the same as on the sample
ballot and zero tape, if applicable;
(3) the number of ballots being submitted for tabulation or
the number of ballots in the transfer case;
(4) that the ballots have been counted and agree with the
number of names as shown on the summary statement or that any discrepancy has
been noted on the incident report;
(5) the number of excess ballots, if any;
(6) that all ballots requiring duplication are in the proper
envelope;
(7) that all write-in votes counted on election night have
been properly recorded;
(8) that all ballots used in the election and all ballots
that have been or need to be duplicated have been placed in the transfer case
or envelope, and that the case was securely sealed in such a manner as to
render it impossible to open the case without breaking the seal;
(9) the numbers of any seals used to seal the transfer case
or cases, boxes, or envelopes containing ballots;
(10) that the national flag of the United States was
displayed on a suitable staff during voting hours; and
(11) if the ballots were counted by hand, that all of the
ballots cast were properly filed, checked, and counted.
The certification must provide space for signatures of all
the election judges attesting to the information on the certification.
Sec. 62. [204C.125]
[EMERGENCY VOTING CARD.]
If a voter who has registered prior to an election day is
challenged because the voter's name does not appear on the polling place roster
of the precinct in which the voter desires to vote, the voter may register on
that election day by following the election day registration procedures in
section 201.061. Or, if it appears upon
examination that the voter's name was erroneously omitted from the roster, the
voter must be permitted to vote in the precinct after completing the required
name and address information and signing the oath on the polling place roster. The judges shall note on the list that the
voter was permitted to vote pursuant to instructions from the county auditor
and two judges shall initial the entry.
Sec. 63. Minnesota
Statutes 2002, section 204C.28, subdivision 1, is amended to read:
Subdivision 1. [COUNTY
AUDITOR.] Every county auditor shall remain at the auditor's office to receive
delivery of the returns, to permit public inspection of the summary statements,
and to tabulate the votes until all have been tabulated and the results made
known, or until 24 hours have elapsed since the end of the hours for voting,
whichever occurs first. Every county
auditor shall keep a book in which, in the presence of the municipal clerk or
the election judges who deliver the returns, the auditor shall make a record of
all materials delivered, the time of delivery, and the names of the municipal
clerk or election judges who made delivery.
The county auditor shall file the book and all envelopes containing
ballots in a safe and secure place with envelope seals unbroken. Access to the book and ballots shall be
strictly controlled. Accountability and
a record of access shall be maintained by the county auditor during the period
for contesting elections, or, if a contest is filed, until the contest has been
finally determined. Thereafter, the
book shall be retained in the auditor's office for the same period as the
ballots as provided in section 204B.40.
The county auditor shall file all envelopes containing ballots
in a safe place with seals unbroken. If
the envelopes were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed again and signed by
the individuals who made the inspection or recount. The envelopes may be opened by the county canvassing board if
necessary to procure election returns that the election judges inadvertently
may have sealed in the envelopes with the ballots. In that case, the envelopes shall be sealed again and signed in
the same manner as otherwise provided in this subdivision.
Sec. 64. Minnesota
Statutes 2002, section 204D.06, is amended to read:
204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.]
At least 42 days before a state primary, the secretary of state
shall certify to the county auditors the names of all candidates who have
properly filed affidavits of candidacy with the secretary of state and who will
be voted for in their respective counties at that primary. The secretary of state may comply with
this requirement electronically.
Sec. 65. Minnesota
Statutes 2002, section 204D.23, subdivision 4, is amended to read:
Subd. 4. [FILING WITH
THE SECRETARY OF STATE; CERTIFICATION.] Within 24 hours after the filings have
closed, the secretary of state shall certify to the county auditors the names
of the candidates who have filed with the secretary of state and who will be
voted for in those counties at the special primary. The secretary of state may comply with this requirement
electronically.
Sec. 66. [205.135]
[ELECTION RESULTS REPORTING SYSTEM; CANDIDATE FILING.]
Subdivision 1.
[EVEN-NUMBERED YEAR.] For regularly scheduled municipal elections
held in an even-numbered year, the municipal clerk must provide the offices and
questions to be voted on in the municipality and the list of candidates for
each office to the county auditor for entry into the election results reporting
system provided by the secretary of state no later than 46 days prior to the
election. The county auditor may
delegate at the request of the municipality the duty to enter the information
into the system to the municipal clerk.
Subd. 2.
[ODD-NUMBERED YEAR.] For regularly scheduled municipal elections held
in an odd-numbered year, the municipal clerk or county auditor must enter the
offices and questions to be voted on in the municipality and the list of
candidates for each office into the election results reporting system no later
than 46 days prior to the election if the county auditor or municipal clerk has
notified the secretary of state of intent to use the election results reporting
system for the election.
Sec. 67. [205.187]
[ELECTION RESULTS REPORTING SYSTEM; PRECINCT VOTES.]
For regularly scheduled municipal elections held in November
of an even-numbered year, the county auditor shall enter the votes in each
precinct for the questions and offices voted on in the municipal election into
the election results reporting system provided by the secretary of state.
For regularly scheduled municipal elections held in an
odd-numbered year, the municipal clerk or county auditor must enter the votes
in each precinct for the offices and questions voted on in the municipality
into the election results reporting system provided by the secretary of state
if the county auditor or municipal clerk has notified the secretary of state of
intent to use the election results reporting system for the election.
Sec. 68. [205A.075]
[ELECTION RESULTS REPORTING SYSTEM; CANDIDATE FILING.]
Subdivision 1.
[EVEN-NUMBERED YEAR.] For regularly scheduled school district elections
held in an even-numbered year, the school district clerk must provide the
offices and questions to be voted on in the school district and the list of
candidates for each office to the county auditor for entry into the election
results reporting system provided by the secretary of state no later than 46
days prior to the election.
Subd. 2.
[ODD-NUMBERED YEAR.] For regularly scheduled school district
elections held in an odd-numbered year, the school district clerk or county
auditor must enter the offices and questions to be voted on in the school
district and the list of candidates for each office into the election results
reporting system no later than 46 days prior to the election if the county
auditor or school district has notified the secretary of state of intent to use
the election results reporting system for the election.
Sec. 69. [205A.075]
[ELECTION RESULTS REPORTING SYSTEM; PRECINCT VOTES.]
For regularly scheduled school district elections held in an
even-numbered year, the county auditor shall enter the votes in each precinct
for the questions and offices voted on in the school district election into the
election results reporting system provided by the secretary of state.
For regularly scheduled school district elections held in
an odd-numbered year, the school district clerk or county auditor must enter
the votes in each precinct for the offices and questions voted on in the school
district into the election results reporting system if the county auditor or
municipal clerk has notified the secretary of state of intent to use the
election results reporting system for the election.
Sec. 70. Minnesota
Statutes 2002, section 204C.13, is amended by adding a subdivision to read:
Subd. 8.
[SPOILED BALLOTS.] If a voter spoils a ballot by inadvertently
defacing it or requests a new ballot, the voter shall hand the ballot to the
election judge. The election judge may
only look at the portion of the ballot containing precinct information in order
to determine what style of replacement ballot to give the voter. The election judge shall place the ballot in
the spoiled ballot envelope and give the voter another ballot.
Sec. 71. Minnesota
Statutes 2002, section 206.56, subdivision 7, is amended to read:
Subd. 7. [COUNTING CENTER.]
"Counting center" means a place selected by the governing body of
a municipality the area in a polling place where an electronic
voting system is used for the automatic processing and counting of ballots cast
in that polling place. For ballots cast
pursuant to section 204B.45 or 204B.46, "counting center" means a
place selected by the governing body of a municipality where an electronic
voting system is used for the automatic processing and counting of ballots.
Sec. 72. Minnesota
Statutes 2002, section 206.64, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
PROVISIONS FOR ELECTRONIC SYSTEM VOTING.] Each electronic voting system booth
must be placed and protected so that it is accessible to only one voter at a
time and is in full view of all the election judges and challengers at the
polling place. The election judges
shall admit one individual at a time to each booth after determining that the
individual is eligible to vote. Voting
by electronic voting system must be secret, except for voters who need
assistance. A voter may remain inside
the voting booth for three minutes a reasonable time. A voter who refuses to leave the voting
booth after three minutes a reasonable time must be removed by
the election judges. In no case may
the time limit be construed to be less than three minutes. No time limit applies to a voter using
assistive voting technology.
Sec. 73. Minnesota
Statutes 2002, section 375.101, is amended by adding a subdivision to read:
Subd. 1a.
[APPOINTMENTS TO FILL VACANCIES.] In addition to the events set forth
in subdivision 3, a vacancy in the office of county commissioner occurring as a
result of the death of the commissioner may be filled by board appointment at a
regular or special meeting. The
appointment shall be evidenced by a resolution entered in the minutes and shall
continue until an election is held under this subdivision. All elections to fill vacancies shall be for
the unexpired term. If the vacancy
occurs before the first day to file affidavits of candidacy for the next county
general election and more than two years remain in the unexpired term, a
special election shall be held in conjunction with the county general
election. The appointed person shall
serve until the qualification of the successor elected to fill the unexpired
part of the term at that special election.
If the vacancy occurs on or after the first day to file affidavits of
candidacy for the county general election, or when less than two years remain
in the unexpired term, there shall be no special election to fill the vacancy
and the appointed person shall serve the remainder of the unexpired term and
until a successor is elected and qualifies at the county general election.
Sec. 74. [REPEALER.]
(a) Minnesota Statutes 2002, section 203B.02, subdivision
1a, is repealed.
(b) Minnesota Rules, parts 8200.1200; 8200.2600; 8200.2700;
8200.2900; 8200.3550; 8200.3600; 8200.3700; 8200.3800; 8200.3900; 8200.6200;
8200.9120; 8200.9315; 8200.9320; 8210.0200; 8210.0225; 8210.0500; 8210.0600;
8210.0700; 8210.0800; 8210.2300; 8210.2400; 8210.3000; 8230.2150; 8230.3950;
and 8230.4050; 8230.4390, are repealed.
Sec. 75. [EFFECTIVE
DATE.]
Sections 1 to 70 and sections 72 and 74 are effective the
day following final enactment.
Section 71 is effective July 1, 2006."
Delete the title and insert:
"A bill for an act relating to elections; providing for
acquisition and use of certain voting systems; conforming with the federal Help
America Vote Act; providing for the administration of elections, including
uniform election dates, registration of voters, and absentee ballots;
appropriating money; amending Minnesota Statutes 2002, sections 5.08; 15.0597,
subdivisions 2, 3, 4, 5, 6, 7; 15.0599, subdivision 4; 126C.17, subdivision 11;
200.02, subdivision 20; 201.021; 201.022; 201.061, subdivisions 1, 3, by adding
subdivisions; 201.071, subdivisions 1, 3, by adding subdivisions; 201.081;
201.091, subdivisions 1, 4, 5, by adding a subdivision; 201.096; 201.11;
201.121, subdivision 1, by adding a subdivision; 201.13, subdivision 1; 201.14;
201.15, as amended; 201.155; 201.161; 201.1611, subdivision 1; 201.171;
201.211; 201.221, subdivisions 2, 3; 202A.14, subdivision 3; 203B.02, by adding
a subdivision; 203B.04, subdivisions 1, 4, 5, by adding a subdivision; 203B.06,
subdivisions 4, 7; 203B.07; 203B.08, subdivision 3; 203B.085; 203B.11,
subdivision 1; 203B.12, subdivision 2; 203B.125; 203B.16, by adding a
subdivision; 203B.17; 203B.19; 203B.20; 203B.21, subdivision 3; 203B.22;
203B.24; 203B.26; 204B.06, subdivision 1; 204B.07, subdivision 2; 204B.09,
subdivisions 1, 3; 204B.14, subdivision 2; 204B.16, subdivisions 3, 5; 204B.18;
204B.19, subdivisions 1, 6; 204B.22, by adding a subdivision; 204B.25,
subdivision 3; 204B.27, subdivision 3; 204B.36, subdivision 4; 204B.41;
204B.45, subdivision 2; 204B.47; 204C.05, by adding a subdivision; 204C.06,
subdivision 2, by adding a subdivision; 204C.10; 204C.12, subdivision 4;
204C.13, by adding a subdivision; 204C.20, subdivision 2; 204C.24, subdivision
1; 204C.28, subdivision 1; 204C.33, subdivision 1; 204C.35, by adding a
subdivision; 204C.36, subdivisions 1, 3, by adding a subdivision; 204C.361;
204D.06; 204D.14, by adding a subdivision; 204D.23, subdivision 4; 204D.27,
subdivision 11; 205.02, subdivision 1; 205.075, by adding a subdivision;
205.10, subdivision 3; 205.16, subdivision 4, by adding a subdivision; 205.185,
subdivisions 2, 3; 205A.02; 205A.05, subdivision 1; 205A.07, by adding a
subdivision; 206.56, subdivision 7; 206.57, by adding subdivisions; 206.64,
subdivision 1; 206.81; 206.90, subdivision 6; 211A.02, by adding a subdivision;
351.01, subdivision 4; 365.51, subdivision 3; 367.12; 373.40, subdivision 2;
375.101, by adding a subdivision; 375.20; 414.041, subdivision 1; 447.32,
subdivisions 3, 4; 458.40; 469.053, subdivision 5; 469.0724; 469.190,
subdivision 5; 475.58, subdivisions 1, 1a; 475.59; Minnesota Statutes 2003
Supplement, sections 123B.63, subdivision 3; 126C.17, subdivision 9; 205A.07,
subdivision 3; 465.82, subdivision 2; 465.84; 475.521, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 201; 203B; 204B; 204C; 204D;
205; 205A; repealing Minnesota Statutes 2002, sections 203B.02, subdivision 1a;
204C.05, subdivisions 1a, 1b; 205.175; 205A.09; Minnesota Rules, parts
8200.1200; 8200.2600; 8200.2700; 8200.2900; 8200.3550; 8200.3600; 8200.3700;
8200.3800; 8200.3900; 8200.6200; 8200.9120; 8200.9315; 8200.9320; 8210.0200;
8210.0225; 8210.0500; 8210.0600; 8210.0700; 8210.0800; 8210.2300; 8210.2400;
8210.3000; 8230.2150; 8230.3950; 8230.4050; 8230.4390."
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2044, A bill for an act relating to state government;
transferring tourism functions from Department of Employment and Economic
Development to Explore Minnesota Tourism; appropriating money; amending
Minnesota Statutes 2002, sections 116J.01, subdivision 5; 160.276, subdivision
5; Minnesota Statutes 2003 Supplement,
sections 15.057; 15.75, subdivision 5; 116J.011; 116J.60; 161.20, subdivision
3; 270B.14, subdivision 13; proposing coding for new law as Minnesota Statutes,
chapter 116U; repealing Minnesota Statutes 2002, sections 116J.01, subdivision
4; 116J.036; 116J.615; 116J.616; 116J.63, subdivision 4.
Reported the same back with the following amendments:
Pages 3 and 4, delete section 4
Page 9, delete lines 34 and 35 and insert "Duties of
the director or the office may not be transferred to a nonprofit corporation or
charitable foundation."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 8, delete "116J.011;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2101, A bill for an act relating to state government;
providing for local government impact notes; providing that certain rules take
effect only upon legislative approval; amending Minnesota Statutes 2002,
section 14.19; proposing coding for new law in Minnesota Statutes, chapter 14.
Reported the same back with the following amendments:
Page 1, lines 16 and 18, delete "ten" and
insert "20"
Page 2, after line 17, insert:
"Subd. 3.
[EXCLUSION.] This section does not apply to a rule proposed by the
Public Utilities Commission."
Page 2, line 21, after "for" insert ": (1)"
Page 2, line 22, before the period, insert "; or (2)
any one statutory or home rule city that has less than 50 full-time employees"
Page 3, after line 14, insert:
"(d) This section does not apply to a rule adopted by
the Public Utilities Commission.
(e) Subdivision 3 does not apply if the governor determines
not to delay the implementation of a rule pending legislative approval. The governor may make this determination at
any time, either before or after the rule would take effect but for the
requirement of legislative approval. As
soon as possible after making a determination under this paragraph, the
governor must send notice of the determination to the speaker of the house of
representatives and the president of the senate, and must publish notice of
this determination in the State Register."
Page 4, after line 8, insert:
"Sec. 4.
[APPROPRIATION.]
$45,000 is appropriated in fiscal year 2005 from the general
fund to the commissioner of finance for purposes of implementing this act."
Page 4, line 9, delete "4" and insert "5"
Page 4, line 10, delete everything before "These"
and insert "Section 1 is effective August 1, 2004. Sections 2 and 3 are effective July 1, 2005."
Page 4, line 12, delete "that date" and insert
"the effective date of the applicable section"
Amend the title as follows:
Page 1, line 4, before "amending" insert
"appropriating money;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2442, A bill for an act relating to farm products;
regulating liens and financing statements; establishing filing requirements;
setting fees; appropriating money; amending Minnesota Statutes 2002, sections
336A.01; 336A.02; 336A.03; 336A.04; 336A.05; 336A.06; 336A.07; 336A.08;
336A.09; 336A.10; 336A.11, subdivisions 1, 2; 336A.12; 336A.13; proposing
coding for new law in Minnesota Statutes, chapter 336A; repealing Minnesota
Rules, parts 8265.0100; 8265.0200; 8265.0300; 8265.0400; 8265.0500; 8265.0600.
Reported the same back with the following amendments:
Page 24, line 1, delete everything after the period
Page 24, delete lines 2 to 4
Page 24, after line 5, insert:
"Sec. 17.
[APPROPRIATION.]
$62,000 is appropriated in fiscal year 2005 from the general
fund to the secretary of state for purposes of implementing this act. This is a onetime appropriation."
Page 24, line 9, delete "18" and insert "19"
Page 24, line 20, delete "17" and insert
"18"
Renumber the sections in sequence
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2640, A bill for an act relating to insurance;
creating a law enforcement agency to deal with insurance fraud; prescribing its
powers and duties; establishing insurance assessments to fund the insurance
fraud prevention account; transferring duties; amending Minnesota Statutes
2002, sections 45.0135, subdivision 6, by adding subdivisions; 299A.75,
subdivision 1; 626.84, subdivision 1; repealing Minnesota Statutes 2002,
section 45.0135, subdivisions 1, 2.
Reported the same back with the following amendments:
Page 3, line 26, strike "It consists of" and delete
"money" and insert "Money received from assessments
under subdivision 7 is deposited in the account"
Page 3, line 27, delete the new language
Page 4, after line 17, insert:
"Sec. 9. Minnesota
Statutes 2003 Supplement, section 268.19, subdivision 1, is amended to read:
Subdivision 1. [USE OF
DATA.] (a) Except as otherwise provided by this section, data gathered from any
employer or individual pursuant to the administration of the Minnesota
Unemployment Insurance Law are private data on individuals or nonpublic data
not on individuals as defined in section 13.02, subdivisions 9 and 12, and may
not be disclosed except pursuant to a court order or section 13.05. These data may be disseminated to and used
by the following agencies without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access
to the data by state or federal law;
(2) any agency of Minnesota or any other state; or any federal
agency charged with the administration of an employment security law or the
maintenance of a system of public employment offices;
(3) human rights agencies within Minnesota that have
enforcement powers;
(4) the Department of Revenue must have access to department
private data on individuals and nonpublic data not on individuals only to the
extent necessary for enforcement of Minnesota tax laws;
(5) public and private agencies responsible for administering
publicly financed assistance programs for the purpose of monitoring the
eligibility of the program's recipients;
(6) the Department of Labor and Industry and the Department
of Commerce on an interchangeable basis with the department subject to the
following limitations and regardless of any law to the contrary:
(i) the department must have access to private data on
individuals and nonpublic data not on individuals for uses consistent with the
administration of its duties under the Minnesota Unemployment Insurance Law;
and
(ii) the Department of Labor and Industry
and the Department of Commerce must have access to private data on
individuals and nonpublic data not on individuals for uses consistent with the
administration of its their duties under Minnesota law;
(7) the Department of Employment and Economic Development may
have access to private data on individual employers and nonpublic data not on
individual employers for its internal use only; when received by the Department
of Employment and Economic Development, the data remain private data on
individuals or nonpublic data;
(8) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for any employment
or training program administered by those agencies, whether alone, in
combination with another welfare agency, or in conjunction with the department
or to monitor and evaluate the statewide Minnesota family investment program by
providing data on recipients and former recipients of food stamps or food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care
assistance under chapter 119B, or medical programs under chapter 256B, 256D, or
256L;
(9) local, state, and federal law enforcement agencies for the
sole purpose of ascertaining the last known address and employment location of
the data subject, provided the data subject is the subject of a criminal
investigation;
(10) the federal Immigration and Naturalization Service shall
have access to data on specific individuals and specific employers provided the
specific individual or specific employer is the subject of an investigation by
that agency; and
(11) the Department of Health may have access to private data
on individuals and nonpublic data not on individuals solely for the purposes of
epidemiologic investigations.
(b) Data on individuals and employers that are collected,
maintained, or used by the department in an investigation pursuant to section
268.182 are confidential as to data on individuals and protected nonpublic data
not on individuals as defined in section 13.02, subdivisions 3 and 13, and must
not be disclosed except pursuant to statute or court order or to a party named
in a criminal proceeding, administrative or judicial, for preparation of a
defense.
(c) Tape recordings and transcripts of recordings of
proceedings conducted in accordance with section 268.105 and exhibits received
into evidence at those proceedings are private data on individuals and
nonpublic data not on individuals and must be disclosed only pursuant to the
administration of section 268.105, or pursuant to a court order.
(d) The department may disseminate an employer's name, address,
industry code, occupations employed, and the number of employees by ranges of
not less than 100 for the purpose of assisting individuals using the Minnesota
Workforce Center system in obtaining employment.
(e) The general aptitude test battery and the nonverbal
aptitude test battery as administered by the department are private data on
individuals or nonpublic data.
(f) Data gathered by the department pursuant to the
administration of the Minnesota unemployment insurance program and the job
service must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the
department."
Page 6, line 15, delete "10" and insert "11"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 6, after "transferring" insert
"auto theft prevention" and after the semicolon, insert
"providing for disclosure of certain data to the Department of
Commerce;"
Page 1, line 9, after the semicolon, insert "Minnesota
Statutes 2003 Supplement, section 268.19, subdivision 1;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Judiciary Policy and Finance.
The report was adopted.
Smith from the Committee on Judiciary Policy and Finance to
which was referred:
H. F. No. 2800, A bill for an act relating to government data
practices; providing for compliance with law by information management systems;
providing for classification of, and access to, CriMNet data; providing public
defender access to criminal justice data; requiring a report; amending
Minnesota Statutes 2002, sections 13.02, subdivision 18, by adding
subdivisions; 13.03, subdivision 4; 13.82, subdivision 24; 299C.10,
subdivisions 1, 2, by adding a subdivision; 299C.14; 299C.65, by adding a
subdivision; Minnesota Statutes 2003 Supplement, section 611.272; proposing
coding for new law in Minnesota Statutes, chapter 13.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 13.02, is amended by adding a
subdivision to read:
Subd. 7b.
[INFORMATION MANAGEMENT SYSTEM.] "Information management
system" means an electronic system used or maintained by a government
entity for the management of government data.
Sec. 2. Minnesota
Statutes 2002, section 13.02, is amended by adding a subdivision to read:
Subd. 7c.
[INFORMATION POLICY STATUTES.] (a) "Information policy
statutes" means this chapter, section 15.17, and sections 138.163 to
138.225.
(b) "Compliance with information policy statutes"
means that a government entity must do the following:
(1) appoint a responsible authority and prepare a public
document identifying the responsible authority's name, title, and work address
and the private and confidential data maintained by the entity;
(2) appoint a compliance official;
(3) train designees and other staff in information policy
statutes compliance;
(4) establish procedures:
(i) to ensure that officials respond promptly to requests
for public government data;
(ii) to provide required notices to individuals concerning
data collection;
(iii) to provide individuals with access to and notice of
data maintained about them;
(iv) to provide individuals with the ability to challenge
data about them;
(v) to ensure that data on individuals are accurate,
complete, and current;
(vi) to ensure security safeguards for data on individuals;
and
(vii) to provide for parents to access data about their
minor children;
(5) prepare a public document describing how the rights of a
data subject under section 13.04 may be exercised in the entity and the
procedures necessary to verify the subject's identity;
(6) publish procedures to prevent unauthorized access to
private and confidential data;
(7) share not public data with another entity only as
required or authorized by state statute or federal law;
(8) make and preserve all records necessary to a full and
accurate knowledge of the entity's official activities;
(9) dispose of records or transfer them to archives in
accordance with statutory procedures and approved records retention schedules;
(10) when preparing a contract by which a private sector
contractor performs government functions or obtains data on individuals from a
government entity, include provisions that require the private contractor to
comply with this chapter; and
(11) in the case of CriMNet, maintain and ensure data
subject access to audit trail data, and provide subscription service only as
authorized by law.
Sec. 3. Minnesota
Statutes 2002, section 13.02, subdivision 18, is amended to read:
Subd. 18. [STATEWIDE
SYSTEM.] "Statewide system" includes any record-keeping system,
including an information management system, in which government data is
collected, stored, disseminated and used by means of a system common to one or
more state agencies or more than one of its political subdivisions or any
combination of state agencies and, political subdivisions, and
nongovernmental entities to the extent, as specified in section 13.05,
subdivision 11, that the nongovernmental entity is performing functions
normally performed by the government entity.
Sec. 4. Minnesota
Statutes 2002, section 13.03, subdivision 4, is amended to read:
Subd. 4. [CHANGE IN
CLASSIFICATION OF DATA; EFFECT OF DISSEMINATION AMONG AGENCIES.] (a) The
classification of data in the possession of an agency shall change if it is
required to do so to comply with either judicial or administrative rules
pertaining to the conduct of legal actions or with a specific statute
applicable to the data in the possession of the disseminating or receiving
agency.
(b) If data on individuals is classified as both private and
confidential by this chapter, or any other statute or federal law, the data is
private.
(c) To the extent that government data is disseminated to
state agencies, political subdivisions, or statewide systems by another state
agency, political subdivision, or statewide system, the data disseminated shall
have the same classification in the hands of the agency receiving it as it had
in the hands of the entity providing it.
(d) If a state agency, statewide system, or political
subdivision disseminates data to another state agency, statewide system, or
political subdivision, a classification provided for by law in the hands of the
entity receiving the data does not affect the classification of the data in the
hands of the entity that disseminates the data.
(e) To the extent that judicial branch data is disseminated
to government entities by the judicial branch, the data disseminated shall have
the same level of accessibility in the hands of the entity receiving it as it
had in the hands of the judicial branch entity providing it.
Sec. 5. [13.055]
[INFORMATION MANAGEMENT SYSTEMS; COMPLIANCE WITH LAW.]
(a) A person who believes an information management system
is not in compliance with information policy statutes may seek an advisory
opinion under section 13.072. A
government entity operating an information management system must comply with
any request for information from the commissioner for purposes of the advisory
opinion.
(b) In an action to compel compliance pursuant to section
13.08 against a government entity operating an information management system,
if the court finds that the information management system is not in compliance,
the court may fashion any appropriate remedy.
Upon a finding that the entity is not making satisfactory progress to
cure compliance deficits, the court may order the entity to cease operation
until satisfactory progress is made.
(c) No state agency may assume or share operational
responsibility for any information management system that is not in compliance
with information policy statutes.
Before a state agency assumes or shares operational responsibility for
an information management system created by a political subdivision, statewide
system, or a nongovernmental entity, the responsible authority for that state
agency shall ensure that the information management system is in compliance
with information policy statutes and federal law. A state agency must not assume costs associated with enhancements
of an information management system described in this paragraph unless approved
by the legislature or required by federal law.
Sec. 6. [13.074]
[INFORMATION MANAGEMENT SYSTEM REVIEW.]
(a) The commissioner must review information management
systems that are to be added to CriMNet after the effective date of this
section in order to determine that the systems are in compliance with
information policy statutes. Each
responsible authority for a system under review must promptly provide
information to the commissioner to enable the determination to be made. The commissioner shall determine what
reports or other information must be made available by the responsible
authority for the proposed information management system in order to establish
compliance.
(b) No later than January 15, 2005, the commissioner must
provide the legislature with a proposed schedule to review information
management systems and the design for any new information management systems
that are operated by a state agency or a statewide system that has at least one
state agency as a participant. As part
of the report, the commissioner must provide the legislature with an estimate
of the costs to conduct the reviews. An
information management system described in this paragraph must not proceed
beyond the design phase until the commissioner's determination is received.
(c) The legislative auditor should, as resources permit,
include continuing compliance as part of each periodic audit.
(d) If the legislative auditor finds that an information
management system described in this section is not in compliance with information
policy statutes, the responsible authority for the government entity must,
within 30 days, present a plan to the commissioner to bring the system into
compliance. The commissioner must
monitor the information management system's progress toward compliance. If the commissioner finds a failure to make
satisfactory progress, the commissioner may require the government entity to
cease operating the information management system until progress is
satisfactory. If an information
management system is found out of compliance under this paragraph, the
government entity operating the system must report the amount spent to develop
and implement the information management system and the amount spent on
compliance to the committees in the house of representatives and the senate
with fiscal authority over that government entity.
Sec. 7. Minnesota
Statutes 2002, section 13.82, subdivision 24, is amended to read:
Subd. 24. [EXCHANGES OF
INFORMATION.] (a) Except as otherwise provided by law, nothing in this
chapter prohibits the exchange of information by law enforcement agencies
provided the exchanged information is pertinent and necessary to the requesting
agency in initiating, furthering, or completing an investigation, except not
public personnel data.
(b) When a law enforcement agency requests or disseminates
private or confidential data on individuals by electronic means for a purpose
authorized by this subdivision, it must document the purpose of the request or
dissemination, including the case number, if available. Data under this paragraph must be retained
for ten years. When an investigation
becomes inactive under subdivision 7, the data under this paragraph are private
data on the subject of the investigation.
Sec. 8. [13.8703]
[CRIMNET DATA.]
Subdivision 1.
[DEFINITIONS.] (a) The definitions in this subdivision apply to this
section.
(b) "CriMNet" is a statewide system as defined in
section 13.02, subdivision 18, that integrates or interconnects data from
multiple criminal justice information systems.
(c) "CriMNet data" are criminal justice agency
data created, collected, used, or maintained in the prevention, investigation,
or prosecution of crime and any resulting criminal justice system response that
are held or accessed by CriMNet.
(d) "Audit trail data" are data created, used, or
maintained by CriMNet for the purposes of ensuring and verifying that CriMNet
was only accessed by authorized persons for authorized purposes.
Subd. 2. [DATA
CLASSIFICATION; DISSEMINATION.] (a) Data accessed or maintained by CriMNet
are subject to the provisions of section 13.03, subdivision 4, paragraphs (c)
and (e). The fact that data held by
government entities are accessed by CriMNet does not change the classification
of the data in those government entities.
Except for the exercise of rights by individuals under this section and
section 13.04, access to CriMNet data is available only as provided by state or
federal law to criminal justice agencies as defined in section 299C.46,
subdivision 2; public defenders as provided in section 611.272; federal
criminal justice agencies as defined in Code of Federal Regulations, title 28,
section 20.3(g); and criminal justice agencies of other states.
(b) CriMNet data must be released only for the following
purposes:
(1) investigating a crime or act of delinquency;
(2) seeking to apprehend an individual who is fleeing to
avoid prosecution or custody;
(3) enforcing a warrant;
(4) enforcing terms of pretrial release;
(5) seeking an individual who is violating a condition of
probation, conditional release, or supervised release;
(6) determining that an individual may be engaged in illegal
activities;
(7) prosecuting, defending, trying, or sentencing an
individual;
(8) seeking an individual who is likely to have information
necessary to an action described under clauses (1) to (7); and
(9) auditing of data quality, data protection, and system
development and maintenance.
(c) CrimNet data must be released only with the informed consent
of the subject of the data as provided by section 13.05, subdivision 4. In the case of data on a juvenile,
notwithstanding section 299C.095, subdivision 1, a minor may not consent to
release of the data, but (i) the minor's parent or guardian may consent to
release, and (ii) an adult may consent to release of data on the adult that was
created when the adult was a minor.
Subd. 3.
[REQUESTS BY DATA SUBJECT.] If an individual makes a request for
CriMNet data about that individual under section 13.04, subdivision 3, a local
or state law enforcement agency with access to CriMNet must:
(1) give the individual a list of any state agencies,
political subdivisions, statewide systems, or other entities that provided data
to CriMNet; and
(2) allow the individual to obtain a copy of any public or
private CriMNet data, subject to standards established by the CriMNet
responsible authority, and inform the individual of the availability of audit
trail data from the CriMNet responsible authority. The individual must pay a fee of $10 for a copy of the CriMNet
data. Of this fee, $5 remains with the
law enforcement agency that received the request and $5 must be forwarded to
CriMNet.
Subd. 4. [AUDIT
TRAIL DATA.] (a) Audit trail data must indicate the purpose for which
CriMNet data on an individual was accessed and the case file number, if
available. Audit trail data must be
retained for ten years.
(b) Audit trail data created during the course of an
investigation are confidential data or protected nonpublic data while the
investigation is active. When an
investigation is no longer active, as defined by section 13.82, subdivision 7,
or if audit trail data are created as the result of access unrelated to an
active investigation:
(1) audit trail data that identify an entity that requested
or provided CriMNet data about a data subject are nonpublic data but are
accessible to the individual data subject; and
(2) the responsible authority for CriMNet shall, after
consultation with an entity that requested CriMNet data about an individual
data subject, give the data subject audit trail data that identifies the agent
of the entity who made the request if the responsible authority determines that
the data subject's need to know outweighs the risk of harm disclosure would
create for the agent of the entity or for public safety.
(c) The data subject or the agent of the entity who
requested CriMNet data about a data subject may request a hearing challenging
the responsible authority's determination under paragraph (b), clause (2). The data subject or the agent of the entity
who requested CriMNet data about a data subject may intervene as a party in a
hearing requested by another person. If
a hearing is requested, the responsible authority must not provide the
identifying data to the data subject until the hearing and any appeal of the
decision is complete. The hearing must
be conducted as
a contested case in accordance with sections 14.57 to 14.62. The decision of the administrative law judge
is the final decision of the responsible authority, subject to appeal under
sections 14.63 to 14.69. CriMNet must
pay the Office of Administrative Hearings for the costs of the hearing under
this subdivision. If the administrative
law judge upholds the decision of the responsible authority, the person
challenging the decision must reimburse CriMNet.
(d) Between the effective date of this subdivision and June
30, 2010, the requirements of this subdivision only apply to (1) CriMNet; (2)
the operation of any new information management system added to CriMNet; (3)
any change or enhancement to an information management system that is part of
CriMNet and that involves the collection and use of data on individuals; and
(4) any change or enhancement to an information management system, including
changes in hardware or software, that is part of CriMNet and costs more than
$25,000 to implement.
Beginning July 1, 2010, this
subdivision applies to CriMNet and to all information management systems that
are a part of CriMNet.
Subd. 5.
[SUBSCRIPTION SERVICE.] (a) For purposes of this subdivision,
"subscription service" means a process by which criminal justice
agency personnel may obtain ongoing, automatic electronic notice of any
contacts an individual has with any criminal justice agency.
(b) Except as otherwise provided by this subdivision,
CriMNet data may be released by a subscription service:
(1) to the subject of the data upon payment of a fee of $30
per year by the subject;
(2) with the informed consent of the subject of the
data. In the case of data on a
juvenile, notwithstanding section 299C.095, subdivision 1, a minor may not
consent to release of the data, but (i) the minor's parent or guardian may
consent to release, and (ii) an adult may consent to release of data on the
adult that was created when the adult was a minor; or
(3) as an element of sentencing, probation, conditional
release, or supervised release of which the data subject is notified before the
subscription service is implemented.
(c) CriMNet data on an individual may be released by
subscription service without the request or consent of the data subject or
notice to the data subject to criminal justice agency personnel for purposes
of:
(1) investigating a crime or act of delinquency;
(2) seeking to apprehend an individual who is fleeing to
avoid prosecution or custody;
(3) enforcing a warrant;
(4) enforcing terms of pretrial release;
(5) seeking an individual who is violating a condition of
probation, conditional release, or supervised release;
(6) prosecuting, defending, trying, or sentencing an
individual;
(7) determining that an individual may be engaged in illegal
activities; or
(8) seeking an individual who is likely to have information
necessary to criminal justice agency personnel acting under clauses (1) to (7).
Subscription service under this
paragraph may continue for up to 30 days.
(d) A criminal justice agency may seek to release or receive
data described in paragraph (c) by subscription service for a period longer
than 30 days by seeking a court order in the same manner as seeking a search
warrant. To grant the order, the court
must find that one of the purposes listed in paragraph (c) continues to exist. The court must specify how long the
subscription service may continue, which must not exceed 18 months without a
showing of imminent threat to public safety or health.
Subd. 6.
[PENALTIES.] A person who violates this section is subject to the
penalties provided by section 13.09.
Subd. 7. [LEGISLATIVE
REVIEW OF ACCESS MODIFICATIONS.] Notwithstanding any contrary provisions in
section 13.82, any CriMNet feature that would provide access to data on
individuals by an entity that is not subject to this chapter, other than the
judiciary as defined in section 13.90, must be submitted to the legislature for
review before implementation and must be implemented by a statute, contract, or
interstate compact that addresses data practices issues and complies with this
section.
Sec. 9. [13.8704]
[CRIMINAL JUSTICE SYSTEM IMPLEMENTATION REPORT.]
Not less than 45 days prior to implementation of an
information management system to be created or maintained by a state criminal
justice agency, the agency must report to the chairs of the House Committee on
Judiciary Policy and Finance, the House Committee on Civil Law, the Senate
Committee on Judiciary, and the Senate Committee on Finance, State Government
Budget Division the following information:
the entities participating in creating or maintaining the system, the
responsible authority for the system, the costs of development and
implementation, state statutory or federal law authorization for the system,
information to be shared, and time frame for implementation.
Sec. 10. Minnesota
Statutes 2002, section 299C.10, subdivision 1, is amended to read:
Subdivision 1.
[REQUIRED FINGERPRINTING.] (a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities
The initial law enforcement jurisdiction responsible for a person's arrest
or appearance in court shall take or cause to be taken immediately finger
and thumb prints, photographs, distinctive physical mark identification data,
information on any known aliases or street names, and other identification data
requested or required by the superintendent of the bureau, of the following:
(1) persons arrested for, appearing in court on a charge of, or
convicted of a felony, gross misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of,
adjudicated delinquent for, or alleged to have committed felonies or gross
misdemeanors as distinguished from those committed by adult offenders;
(3) persons reasonably believed by the arresting officer to be
fugitives from justice;
(4) persons in whose possession, when arrested, are found
concealed firearms or other dangerous weapons, burglar tools or outfits,
high-power explosives, or articles, machines, or appliances usable for an
unlawful purpose and reasonably believed by the arresting officer to be
intended for such purposes; and
(5) juveniles referred by a law enforcement agency to a
diversion program for a felony or gross misdemeanor offense.
(b) If the initial law enforcement agency fails to obtain
the required identification data described in paragraph (a), the sheriff may
obtain the required identification data and assess the cost to the initiating
agency.
(c) Unless the superintendent of
the bureau requires a shorter period, within 24 hours the fingerprint records
and other identification data specified under paragraph (a) must be forwarded
to the bureau on such forms and in such manner as may be prescribed by the
superintendent.
(c) (d) Prosecutors, courts, and probation
officers and their agents, employees, and subordinates shall attempt to
ensure that the required identification data is taken on a person described in
paragraph (a). When it is determined
that a person has not provided the required identification data described in
paragraph (a), the court shall order the sheriff to obtain that data and the
sheriff may assess the cost to the initiating agency.
(d) (e) For purposes of this section, a targeted
misdemeanor is a misdemeanor violation of section 169A.20 (driving while
impaired), 518B.01 (order for protection violation), 609.224 (fifth degree
assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
609.748 (harassment or restraining order violation), or 617.23 (indecent
exposure).
(f) The criminal justice agencies described in paragraph (a)
shall take or cause to be taken fingerprints of persons currently involved in
the criminal justice process, on probation, on parole, or in custody for the
offenses in suspense whom the superintendent of the bureau identifies as being
the subject of a court disposition record and:
(1) who cannot be linked to an arrest record;
(2) whose fingerprints are necessary in order to maintain
and ensure the accuracy of the bureau's criminal history files, to reduce the
number of suspense files; or
(3) to comply with the mandates of section 299C.111,
relating to the reduction of the number of suspense files. This duty to obtain fingerprints for the
offenses in suspense at the request of the bureau shall include the requirement
that fingerprints be taken in postarrest interviews, while making court
appearances, while in custody, or while on any form of probation, diversion, or
supervised release.
Sec. 11. Minnesota
Statutes 2002, section 299C.10, is amended by adding a subdivision to read:
Subd. 1a. [COURT
DISPOSITION RECORD IN SUSPENSE; FINGERPRINTING.] The superintendent of the
bureau shall inform a prosecuting authority that a person prosecuted by that
authority is the subject of a court disposition record in suspense which
requires fingerprinting under this section.
Upon being notified by the superintendent or otherwise learning of the
suspense status of a court disposition record, any prosecuting authority may
bring a motion in district court to compel the taking of the person's fingerprints
upon a showing to the court that the person is the subject of the court
disposition record in suspense.
Sec. 12. Minnesota
Statutes 2002, section 299C.10, subdivision 2, is amended to read:
Subd. 2. [LAW
ENFORCEMENT EDUCATION.] The sheriffs and police officers and their agents,
employees, and subordinates who take finger and thumb prints must obtain
training in the proper methods of taking and transmitting finger prints under
this section consistent with bureau requirements.
Sec. 13. Minnesota
Statutes 2002, section 299C.14, is amended to read:
299C.14 [INFORMATION ON RELEASED PRISONER.]
It shall be the duty of the officials having charge of the
penal institutions of the state or the release of prisoners therefrom to
furnish to the bureau, as the superintendent may require, finger and thumb
prints, photographs, distinctive physical mark identification data, other
identification data, modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal institutions, together
with the period of their service and
the time, terms, and conditions of their discharge. This duty to furnish information includes, but is not limited
to, requests for fingerprints as the superintendent of the bureau deems necessary
to maintain and ensure the accuracy of the bureau's criminal history files, to
reduce the number of suspense files, or to comply with the mandates of section
299C.111 relating to the reduction of the number of suspense files where a
disposition record is received that cannot be linked to an arrest record.
Sec. 14. Minnesota
Statutes 2002, section 299C.65, is amended by adding a subdivision to read:
Subd. 1a. [DATA
CLASSIFICATION.] Data held by and accessible through CriMNet is classified
under section 13.8703.
Sec. 15. Minnesota
Statutes 2003 Supplement, section 611.272, is amended to read:
611.272 [ACCESS TO GOVERNMENT DATA.]
The district public defender, the state public defender, or an
attorney working for a public defense corporation under section 611.216 has
access to the criminal justice data communications network described in section
299C.46, as provided in this section.
Access to data under this section is limited to data regarding the
public defender's own client as necessary to prepare criminal cases in
which the public defender has been appointed, including as follows:
(1) access to data about witnesses in a criminal case shall
be limited to records of criminal convictions; and
(2) access to data regarding the public defender's own
client which includes, but is not limited to, criminal history data
under section 13.87; juvenile offender data under section 299C.095; warrant
information data under section 299C.115; incarceration data under section
299C.14; conditional release data under section 299C.147; and diversion program
data under section 299C.46, subdivision 5.
The public defender has access to data under this section
whether accessed via CriMNet or other methods. The public defender does not have access to law enforcement
active investigative data under section 13.82, subdivision 7; data protected
under section 13.82, subdivision 17; or confidential arrest warrant indices
data under section 13.82, subdivision 19, or to data systems maintained by a
prosecuting attorney. The public
defender has access to the data at no charge, except for the monthly network
access charge under section 299C.46, subdivision 3, paragraph (b), and a
reasonable installation charge for a terminal.
Notwithstanding section 13.87, subdivision 3; 299C.46, subdivision 3,
paragraph (b); 299C.48, or any other law to the contrary, there shall be no
charge to public defenders for Internet access to the criminal justice data
communications network.
Sec. 16. [REPORTS
REQUIRED.]
(a) The Juvenile and Criminal Information Task Force
established under Minnesota Statutes, section 299C.65, shall study and prepare
recommendations for policy group consideration of the following:
(1) advisability of providing Web-based access to CriMNet
data by data subjects;
(2) advisability of use of CriMNet data for noncriminal
justice background checks without the consent of the data subject;
(3) advisability of providing public access;
(4) standards for dissemination of CriMNet data to entities
that are not subject to Minnesota Statutes, chapter 13;
(5) retention schedules for CriMNet data;
(6) effect of federal requirements on the rights of
individuals under Minnesota Statutes, chapter 13; and
(7) implementing the Minnesota Government Data Practices Act
and court rules of access requirements regarding disclosure of disputed data
held by CriMNet.
(b) The report must be submitted pursuant to Minnesota
Statutes, section 299C.65, subdivision 3, and is due no later than December 1,
2004.
(c) The commissioner of administration must study and
prepare recommendations on possibilities for the state to maximize its return
on investments in information management systems. The report must be submitted to the chair of the House Committee
on State Government Finance and the chair of the Senate Committee on Finance,
State Government Budget Division by January 15, 2005.
Sec. 17. [EFFECTIVE
DATE.]
This act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to government data practices;
providing for compliance with law by information management systems; providing
for classification of, and access to, CriMNet data; providing public defender
access to criminal justice data; requiring a report; amending Minnesota
Statutes 2002, sections 13.02, subdivision 18, by adding subdivisions; 13.03,
subdivision 4; 13.82, subdivision 24; 299C.10, subdivisions 1, 2, by adding a
subdivision; 299C.14; 299C.65, by adding a subdivision; Minnesota Statutes 2003
Supplement, section 611.272; proposing coding for new law in Minnesota
Statutes, chapter 13."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2905, A bill for an act relating to state government;
authorizing the cooperative purchase of goods; amending Minnesota Statutes
2002, section 16C.03, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Rules and Legislative
Administration.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 1703, 2044, 2101 and 2442 were read for the second
time.
SECOND READING OF SENATE BILLS
S. F. Nos. 1373, 1716, 1753, 1787, 1946, 2141, 2181 and 2222
were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Nelson, C., introduced:
H. F. No. 3174, A bill for an act relating to sales and use
tax; providing for a sales tax exemption for the Rochester wastewater treatment
plant; amending Minnesota Statutes 2002, section 297A.71, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Kelliher; Mariani; Pelowski; Mahoney; Hornstein; Thao;
Johnson, S.; Walker; Ellison; Clark; Cox and McNamara introduced:
H. F. No. 3175, A bill for an act relating to higher education;
allowing undocumented noncitizens to qualify as residents of Minnesota for
state higher education purposes; amending Minnesota Statutes 2002, sections
135A.031, subdivision 2; 136A.101, subdivision 8.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Abrams introduced:
H. F. No. 3176, A bill for an act relating to taxation;
insurance premiums; defining direct business; amending Minnesota Statutes 2002,
section 297I.01, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Abrams introduced:
H. F. No. 3177, A bill for an act relating to taxation;
imposing a franchise fee on card clubs operated by pari-mutuel licensees;
amending Minnesota Statutes 2002, section 240.30, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Hornstein, Rukavina, Ellison, Clark, Hilty and Pugh
introduced:
H. F. No. 3178, A bill for an act relating to taxation;
corporate franchise; modifying the taxation of foreign source income; repealing
foreign operating corporation provisions; amending Minnesota Statutes 2002,
sections 290.17, subdivision 4; 290.191, subdivision 5; Minnesota Statutes 2003
Supplement, section 290.01, subdivisions 19c, 19d; repealing Minnesota Statutes
2002, section 290.01, subdivision 6b.
The bill was read for the first time and referred to the
Committee on Taxes.
Abrams introduced:
H. F. No. 3179, A bill for an act relating to taxation;
providing for withholding for construction specialty trades; providing for a
tax compliance initiative; appropriating money; amending Minnesota Statutes
2002, section 290.92, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Calendar for the Day for Monday, April 19, 2004:
H. F. Nos. 2368, 2005 and 2151; S. F. No. 2609; H. F. Nos.
2446, 2103 and 2040; S. F. No. 2299; and H. F. No. 2724.
CALENDAR FOR THE DAY
H. F. No. 1838 was reported to the House.
Fuller, Cornish and Kuisle moved to amend H. F. No. 1838, the
first engrossment, as follows:
Page 1, after line 7, insert:
"Section 1.
Minnesota Statutes 2002, section 169.01, subdivision 78, is amended to
read:
Subd. 78. [RECREATIONAL
VEHICLE COMBINATION.] "Recreational vehicle combination" means a
combination of vehicles consisting of a pickup truck as defined in section
168.011, subdivision 29, attached by means of a fifth-wheel coupling to a camper-semitrailer
recreational semitrailer which has hitched to it a trailer carrying a
watercraft as defined in section 86B.005, subdivision 18; off-highway
motorcycle as defined in section 84.787, subdivision 7; motorcycle; motorized
bicycle; snowmobile as defined in section 84.81, subdivision 3; oder
all-terrain vehicle as defined in section 84.92, subdivision 8; or equestrian
equipment and supplies. For
purposes of this subdivision:
(a) A "fifth-wheel coupling" is a coupling
between a camper-semitrailer recreational semitrailer and a
towing pickup truck in which a portion of the weight of the camper-semitrailer
recreational semitrailer is carried over or forward of the rear axle of
the towing pickup.
(b) A "camper-semitrailer" is a trailer, other
than a manufactured home as defined in section 327B.01, subdivision 13,
designed for human habitation and used for vacation or recreational purposes
for limited periods.
Sec. 2. Minnesota
Statutes 2002, section 169.81, subdivision 3c, is amended to read:
Subd. 3c. [RECREATIONAL
VEHICLE COMBINATION.] Notwithstanding subdivision 3, a recreational vehicle
combination may be operated without a permit if:
(1) the combination does not consist of more than three
vehicles, and the towing rating of the pickup truck is equal to or greater than
the total weight of all vehicles being towed;
(2) the combination does not exceed 60 feet in length;
(3) the camper-semitrailer recreational semitrailer
in the combination does not exceed 28 feet in length;
(4) the operator of the combination is at least 18 years of
age;
(5) the trailer carrying a watercraft, motorcycle, motorized
bicycle, off-highway motorcycle, snowmobile, oder all-terrain vehicle,
or equestrian equipment and supplies meets all requirements of law;
(6) the trailers in the combination are connected to the pickup
truck and each other in conformity with section 169.82; and
(7) the combination is not operated within the seven-county
metropolitan area, as defined in section 473.121, subdivision 2, during the
hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m. on Mondays through
Fridays."
Renumber the sections in sequence
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 1838, A bill for an act relating to traffic
regulations; regulating uses of recreational vehicle combinations; authorizing
motor carrier of passengers to operate articulated bus up to 61 feet in length
without a permit; amending Minnesota Statutes 2002, sections 169.01,
subdivision 78; 169.81, subdivision 3c, by adding a subdivision.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 123 yeas and 4
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Johnson, J.
Krinkie
Mullery
Wagenius
The bill was passed, as amended, and its title agreed to.
The Speaker called Abrams to the Chair.
H. F. No. 979 was reported to the House.
Beard moved that H. F. No. 979 be returned to the General
Register. The motion prevailed.
H. F. No. 2391, A bill for an act relating to health; modifying
authority to dispense controlled substances; amending Minnesota Statutes 2002,
section 152.11, subdivision 1; Minnesota Statutes 2003 Supplement, section
152.11, subdivision 2.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of
the bill and the roll was called. There
were 127 yeas and 0 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1897 was reported to the House.
Wagenius moved to amend H. F. No. 1897 as follows:
Page 1, line 9, before "Golden" insert "Minneapolis
and, in"
Page 1, line 13, delete the second "the" and
insert "each"
A roll call was requested and properly seconded.
The question was taken on the Wagenius amendment and the roll
was called. There were 53 yeas and 74
nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Nelson, P.
Opatz
Osterman
Otremba
Paymar
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Abrams
Adolphson
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Newman
Nornes
Olsen, S.
Olson, M.
Otto
Ozment
Paulsen
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Swenson
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
H. F. No. 1897, A bill for an act relating to water; providing
for the consumptive use of groundwater.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 112 yeas and 15
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Howes
Huntley
Jacobson
Johnson, J.
Johnson, S.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Thao
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Biernat
Davnie
DeLaForest
Ellison
Hoppe
Hornstein
Jaros
Kahn
Kelliher
Krinkie
Mullery
Nornes
Thissen
Wagenius
Walker
The bill was passed and its title agreed to.
H. F. No. 2050, A bill for an act relating to health
occupations; authorizing a physician application fee; requiring certain foreign
medical school graduates to use a credentials verification service; amending
Minnesota Statutes 2002, sections 147.01, by adding a subdivision; 147.037,
subdivision 1.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 126 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Jaros
The bill was passed and its title agreed to.
S. F. No. 2626, A bill for an act
relating to veterans homes; extending certain leasing authority.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 127 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 2903, A bill for an act relating to local government;
increasing the threshold amount for towns required to have annual audits;
amending Minnesota Statutes 2002, section 471.697, subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 121 yeas and 6
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Soderstrom
Solberg
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Buesgens
Kahn
Krinkie
Larson
Smith
Vandeveer
The bill was passed and its title agreed to.
The Speaker resumed the Chair.
H. F. No. 2213, A bill for an act relating to natural
resources; modifying requirements for certain equipment used by the department;
exempting certain patrol vehicles from the security barrier requirement;
providing for designation of certain
enforcement personnel by commissioner's order;
amending Minnesota Statutes 2002, section 84.025, subdivision 10; Minnesota
Statutes 2003 Supplement, sections 84.029, subdivision 1; 84A.02; 84A.21;
84A.32, subdivision 1; 84A.55, subdivision 8; 85.04, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 84.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 118 yeas and 8
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Boudreau
Bradley
Brod
Carlson
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Biernat
Borrell
Buesgens
Jacobson
Krinkie
Mahoney
Solberg
Vandeveer
The bill was passed and its title agreed to.
H. F. No. 2139, A bill for an act relating to title insurance;
providing for required premium reserves; defining a term; amending Minnesota
Statutes 2002, sections 68A.02; 68A.03, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapter 68A.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 127 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Swenson
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Heidgerken
The bill was passed and its title agreed to.
Paulsen moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND
RESOLUTIONS
Hilstrom moved that her name be stricken as an author on
H. F. No. 1000. The
motion prevailed.
Davnie moved that the name of Hornstein be added as an author
on H. F. No. 1382. The
motion prevailed.
Carlson moved that the name of Latz be added as an author on
H. F. No. 1516. The
motion prevailed.
Abrams moved that H. F. No. 2623 be recalled
from the Committee on Transportation Finance and be re-referred to the
Committee on Taxes. The motion
prevailed.
Clark,
Sviggum, Davids, Hausman and Buesgens introduced:
House
Resolution No. 22, A House resolution remembering Molly Cade.
The
resolution was referred to the Committee on Rules and Legislative
Administration.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 3:00 p.m., Monday, April 19, 2004.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 3:00 p.m., Monday, April 19, 2004.
Edward
A. Burdick,
Chief Clerk, House of Representatives