Bill Text: MN HF1497 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Election law provisions modified related to redistricting, absentee voting, registration, ballots, election day activities, municipal elections, school district elections, voting, campaigns, and hospital district elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Second reading [HF1497 Detail]
Download: Minnesota-2013-HF1497-Introduced.html
1.2relating to elections; modifying provisions related to election law including
1.3provisions related to redistricting, absentee voting, registration, ballots, election
1.4day activities, municipal elections, school district elections, voting, campaigns,
1.5and hospital district elections;amending Minnesota Statutes 2012, sections
1.6103C.305, subdivision 3; 201.071, subdivision 2; 203B.08, subdivision 3;
1.7203B.081; 204B.22, subdivision 1; 204C.14; 204D.11, subdivision 4; 205.10,
1.8subdivision 3; 205A.08, subdivision 1; 206.895; 208.04, subdivision 1;
1.9211B.045; 447.32, subdivision 2; proposing coding for new law in Minnesota
1.10Statutes, chapter 2.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. [2.395] THIRTY-NINTH DISTRICT.
1.13 Subdivision 1. Senate district. Senate District 39 consists of that district as
1.14described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
1.15No. A11-152 (February 21, 2012).
1.16 Subd. 2. House of representatives districts. Notwithstanding the order of the
1.17Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February
1.1821, 2012), Senate District 39, as described in that order, is divided into two house of
1.19representatives districts as follows:
1.20(a) House of Representatives District 39A consists of that district as described in
1.21file L39A-1, on file with the Geographic Information Systems Office of the Legislative
1.22Coordinating Commission and published on its Web site on March 9, 2012.
1.23(b) House of Representatives District 39B consists of that district as described in
1.24file L39B-1, on file with the Geographic Information Systems Office of the Legislative
1.25Coordinating Commission and published on its Web site on March 9, 2012.
1.26 Sec. 2. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
2.1 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
2.2candidates shall be placed on the"canary ballot" described in section
204D.11, subdivision
2.33
2.4and Water Conservation District Supervisor" or "Conservation District Supervisor," based
2.5upon the district from which the supervisor is to be elected.
2.6 Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
2.7 Subd. 2. Instructions. A registration application shall be accompanied by
2.8instructions specifying the manner and method of registration, the qualifications for
2.9voting, the penalties for false registration, and the availability of registration and voting
2.10assistance for elderly and disabled individuals and residents of health care facilities and
2.11hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
2.12driver's license or identification card, the last four digits of the voter's Social Security
2.13number must be provided, unless the voter does not have a Social Security number. If,
2.14prior to election day, a person requests the instructions in Braille,on cassette tape audio
2.15format, or in a version printed in 16-point bold type with 24-point leading, the county
2.16auditor shall provide them in the form requested. The secretary of state shall prepare
2.17Braille andcassette audio copies and make them available.
2.18 Sec. 4. Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read:
2.19 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
2.20county auditor or municipal clerk, that official shall stamp or initial and date the return
2.21envelope and place it in a secure location with other return envelopes received by that
2.22office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
2.23the ballot board all ballots received, except that during the 14 days immediately preceding
2.24an election, the county auditor or municipal clerk shall deliver all ballots received to
2.25the ballot board within three days. Ballots received on election day either (1) after 3:00
2.26p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
2.27method, shall be marked as received late by the county auditor or municipal clerk, and
2.28must not be delivered to the ballot board.
2.29 Sec. 5. Minnesota Statutes 2012, section 203B.081, is amended to read:
2.30203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
2.31 An eligible voter may vote by absentee ballot in the office of the county auditor and
2.32at any other polling place designated by the county auditor during the 46 days before: the
2.33election, except as provided in this subdivision.
3.1(1) a regularly scheduled election for federal, state, county, city, or school board
3.2office;
3.3(2) a special election for a federal or county office; and
3.4(3) an election held in conjunction with an election described in clauses (1) and (2),
3.5and Voters casting absentee ballots in person for a town election held in March may
3.6do so during the 30 days beforeany other the election. The county auditor shall make
3.7such designations at least 14 weeks before the election. At least one voting booth in each
3.8polling place must be made available by the county auditor for this purpose. The county
3.9auditor must also make available at least one electronic ballot marker in each polling place
3.10that has implemented a voting system that is accessible for individuals with disabilities
3.11pursuant to section206.57, subdivision 5 .
3.12 Sec. 6. Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:
3.13 Subdivision 1. Minimum number required. (a) A minimum of four election
3.14judges shall be appointed for each precinct, except as provided by subdivision 2 in the
3.15state general election. In all other elections, a minimum of three election judges shall
3.16be appointed for each precinct. In a combined polling place under section204B.14,
3.17subdivision 2 , at least one judge must be appointed from each municipality in the
3.18combined polling place, provided that not less than three judges shall be appointed for
3.19each combined polling place. The appointing authorities may appoint election judges for
3.20any precinct in addition to the number required by this subdivision including additional
3.21election judges to count ballots after voting has ended.
3.22(b) An election judge may serve for all or part of election day, at the discretion of the
3.23appointing authority, as long as the minimum number of judges required is always present.
3.24The head election judge designated under section204B.20 must serve for all of election day
3.25and be present in the polling place unless another election judge has been designated by the
3.26head election judge to perform the functions of the head election judge during any absence.
3.27 Sec. 7. Minnesota Statutes 2012, section 204C.14, is amended to read:
3.28204C.14 UNLAWFUL VOTING; PENALTY.
3.29No individual shall intentionally:
3.30(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
3.31a ballot box or attempting to vote by means of a voting machine or electronic voting system;
3.32(b) vote more than once at the same election;
3.33(c) put a ballot in a ballot box for any illegal purpose;
4.1(d) give more than one ballot of the same kindand color to an election judge to
4.2be placed in a ballot box;
4.3(e) aid, abet, counsel or procure another to go into any precinct for the purpose
4.4of voting in that precinct, knowing that the other individual is not eligible to vote in
4.5that precinct; or
4.6(f) aid, abet, counsel or procure another to do any act in violation of this section.
4.7A violation of this section is a felony.
4.8 Sec. 8. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
4.9 Subd. 4. Special federalwhite ballot. (a) The names of all candidates for the
4.10offices of president and vice-president of the United States and senator and representative
4.11in Congress shall be placed on a ballotprinted on white paper which that shall be known
4.12as the "special federalwhite ballot."
4.13(b) This ballot shall be prepared by the county auditor in the same manner as
4.14thewhite state general election ballot and shall be subject to the rules adopted by the
4.15secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
4.16in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
4.17United States Code, title 42, section 1973ff.
4.18(c) The special federalwhite ballot shall be the only ballot sent to citizens of
4.19the United States who are eligible to vote by absentee ballot for federal candidates in
4.20Minnesota.
4.21 Sec. 9. Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:
4.22 Subd. 3. Prohibition. No special election authorized under subdivision 1 may be
4.23held within40 56 days after the state general election.
4.24 Sec. 10. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
4.25 Subdivision 1.Buff General election ballot. The names of all candidates for offices
4.26and all ballot questions to be voted on at a school district general election must be placed
4.27on a single ballotprinted on buff paper and known as the "buff ballot.".
4.28 Sec. 11. Minnesota Statutes 2012, section 206.895, is amended to read:
4.29206.895 SECRETARY OF STATE MONITOR.
4.30The secretary of state must monitor and evaluate election procedures in precincts
4.31subject to the audit provided for in section206.89 in at least four precincts one precinct in
5.1each congressional district. The precincts must be chosen by lot by the State Canvassing
5.2Board at its meeting to canvass the state general election.
5.3 Sec. 12. Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:
5.4 Subdivision 1. Form of presidential ballots. When presidential electors and
5.5alternates are to be voted for, a vote cast for the party candidates for president and vice
5.6president shall be deemed a vote for that party's electors and alternates as filed with the
5.7secretary of state. The secretary of state shall certify the names of all duly nominated
5.8presidential and vice presidential candidates to the county auditors of the counties of
5.9the state. Each county auditor, subject to the rules of the secretary of state, shall cause
5.10the names of the candidates of each major political party and the candidates nominated
5.11by petition to be printed in capital letters, set in type of the same size and style as for
5.12candidates on the statewhite general election ballot, before the party designation. To the
5.13left of, and on the same line with the names of the candidates for president and vice
5.14president, near the margin, shall be placed a square or box, in which the voters may
5.15indicate their choice by marking an "X."
5.16The form for the presidential ballot and the relative position of the several candidates
5.17shall be determined by the rules applicable to other state officers. The state ballot, with
5.18the required heading, shall be printed on the same piece of paper and shall be below the
5.19presidential ballot with a blank space between one inch in width.
5.20 Sec. 13. Minnesota Statutes 2012, section 211B.045, is amended to read:
5.21211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
5.22In any municipality, whether or not the municipality has an ordinance that regulates
5.23the size or number of noncommercial signs, All noncommercial signs of any size may be
5.24posted in any numberfrom beginning 46 days before the state primary in a state general
5.25election year until ten days following the state general election. Municipal ordinances
5.26may regulate the size and number of noncommercial signs at other times.
5.27 Sec. 14. Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:
5.28 Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law
5.29applies to hospital district elections, as far as practicable. Regular elections must be held
5.30in each hospital district at the same time, in the same election precincts, and at the same
5.31polling places as general elections of state and county officers. It may establish the whole
5.32district as a single election precinct or establish two or more different election precincts and
5.33polling places for the elections. If there is more than one precinct, the boundaries of the
6.1election precincts and the locations of the polling places must be defined in the notice of
6.2election, either in full or by reference to a description or map on file in the office of the clerk.
6.3Special elections may be called by the hospital board to vote on any matter required
6.4by law to be submitted to the voters. A special election may not be conducted either
6.5during the30 56 days before and the 30 days after the state or the 56 days after a regularly
6.6scheduled primary orstate general election, or during the 20 days before and the 20 days
6.7after the regularly scheduled election of any municipality conducted wholly or partially
6.8within the hospital district. Special elections must be held within the election precinct or
6.9precincts and at the polling place or places designated by the board. In the case of the
6.10first election of officers of a new district, precincts and polling places must be set by the
6.11governing body of the most populous city or town included in the district.
6.12Advisory ballots may be submitted by the hospital board on any question it wishes,
6.13concerning the affairs of the district, but only at a regular election or at a special election
6.14required for another purpose.
6.15 Sec. 15. EFFECTIVE DATE.
6.16Section 1 is effective for the state primary and state general elections conducted
6.17in 2014 for terms of office beginning on the first Monday in January 2015, and for all
6.18elections held thereafter.
1.3provisions related to redistricting, absentee voting, registration, ballots, election
1.4day activities, municipal elections, school district elections, voting, campaigns,
1.5and hospital district elections;amending Minnesota Statutes 2012, sections
1.6103C.305, subdivision 3; 201.071, subdivision 2; 203B.08, subdivision 3;
1.7203B.081; 204B.22, subdivision 1; 204C.14; 204D.11, subdivision 4; 205.10,
1.8subdivision 3; 205A.08, subdivision 1; 206.895; 208.04, subdivision 1;
1.9211B.045; 447.32, subdivision 2; proposing coding for new law in Minnesota
1.10Statutes, chapter 2.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. [2.395] THIRTY-NINTH DISTRICT.
1.13 Subdivision 1. Senate district. Senate District 39 consists of that district as
1.14described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
1.15No. A11-152 (February 21, 2012).
1.16 Subd. 2. House of representatives districts. Notwithstanding the order of the
1.17Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February
1.1821, 2012), Senate District 39, as described in that order, is divided into two house of
1.19representatives districts as follows:
1.20(a) House of Representatives District 39A consists of that district as described in
1.21file L39A-1, on file with the Geographic Information Systems Office of the Legislative
1.22Coordinating Commission and published on its Web site on March 9, 2012.
1.23(b) House of Representatives District 39B consists of that district as described in
1.24file L39B-1, on file with the Geographic Information Systems Office of the Legislative
1.25Coordinating Commission and published on its Web site on March 9, 2012.
1.26 Sec. 2. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
2.1 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
2.2candidates shall be placed on the
2.3
2.4and Water Conservation District Supervisor" or "Conservation District Supervisor," based
2.5upon the district from which the supervisor is to be elected.
2.6 Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
2.7 Subd. 2. Instructions. A registration application shall be accompanied by
2.8instructions specifying the manner and method of registration, the qualifications for
2.9voting, the penalties for false registration, and the availability of registration and voting
2.10assistance for elderly and disabled individuals and residents of health care facilities and
2.11hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
2.12driver's license or identification card, the last four digits of the voter's Social Security
2.13number must be provided, unless the voter does not have a Social Security number. If,
2.14prior to election day, a person requests the instructions in Braille,
2.15format, or in a version printed in 16-point bold type with 24-point leading, the county
2.16auditor shall provide them in the form requested. The secretary of state shall prepare
2.17Braille and
2.18 Sec. 4. Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read:
2.19 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
2.20county auditor or municipal clerk, that official shall stamp or initial and date the return
2.21envelope and place it in a secure location with other return envelopes received by that
2.22office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
2.23the ballot board all ballots received, except that during the 14 days immediately preceding
2.24an election, the county auditor or municipal clerk shall deliver all ballots received to
2.25the ballot board within three days. Ballots received on election day either (1) after 3:00
2.26p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
2.27method, shall be marked as received late by the county auditor or municipal clerk, and
2.28must not be delivered to the ballot board.
2.29 Sec. 5. Minnesota Statutes 2012, section 203B.081, is amended to read:
2.30203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
2.31 An eligible voter may vote by absentee ballot in the office of the county auditor and
2.32at any other polling place designated by the county auditor during the 46 days before
2.33election, except as provided in this subdivision.
3.1
3.2
3.3
3.4
3.5
3.6do so during the 30 days before
3.7such designations at least 14 weeks before the election. At least one voting booth in each
3.8polling place must be made available by the county auditor for this purpose. The county
3.9auditor must also make available at least one electronic ballot marker in each polling place
3.10that has implemented a voting system that is accessible for individuals with disabilities
3.11pursuant to section
3.12 Sec. 6. Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:
3.13 Subdivision 1. Minimum number required. (a) A minimum of four election
3.14judges shall be appointed for each precinct
3.15state general election. In all other elections, a minimum of three election judges shall
3.16be appointed for each precinct. In a combined polling place under section
3.17subdivision 2
3.18combined polling place, provided that not less than three judges shall be appointed for
3.19each combined polling place. The appointing authorities may appoint election judges for
3.20any precinct in addition to the number required by this subdivision including additional
3.21election judges to count ballots after voting has ended.
3.22(b) An election judge may serve for all or part of election day, at the discretion of the
3.23appointing authority, as long as the minimum number of judges required is always present.
3.24The head election judge designated under section
3.25and be present in the polling place unless another election judge has been designated by the
3.26head election judge to perform the functions of the head election judge during any absence.
3.27 Sec. 7. Minnesota Statutes 2012, section 204C.14, is amended to read:
3.28204C.14 UNLAWFUL VOTING; PENALTY.
3.29No individual shall intentionally:
3.30(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
3.31a ballot box or attempting to vote by means of a voting machine or electronic voting system;
3.32(b) vote more than once at the same election;
3.33(c) put a ballot in a ballot box for any illegal purpose;
4.1(d) give more than one ballot of the same kind
4.2be placed in a ballot box;
4.3(e) aid, abet, counsel or procure another to go into any precinct for the purpose
4.4of voting in that precinct, knowing that the other individual is not eligible to vote in
4.5that precinct; or
4.6(f) aid, abet, counsel or procure another to do any act in violation of this section.
4.7A violation of this section is a felony.
4.8 Sec. 8. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
4.9 Subd. 4. Special federal
4.10offices of president and vice-president of the United States and senator and representative
4.11in Congress shall be placed on a ballot
4.12as the "special federal
4.13(b) This ballot shall be prepared by the county auditor in the same manner as
4.14the
4.15secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
4.16in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
4.17United States Code, title 42, section 1973ff.
4.18(c) The special federal
4.19the United States who are eligible to vote by absentee ballot for federal candidates in
4.20Minnesota.
4.21 Sec. 9. Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:
4.22 Subd. 3. Prohibition. No special election authorized under subdivision 1 may be
4.23held within
4.24 Sec. 10. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
4.25 Subdivision 1.
4.26and all ballot questions to be voted on at a school district general election must be placed
4.27on a single ballot
4.28 Sec. 11. Minnesota Statutes 2012, section 206.895, is amended to read:
4.29206.895 SECRETARY OF STATE MONITOR.
4.30The secretary of state must monitor and evaluate election procedures in precincts
4.31subject to the audit provided for in section
5.1each congressional district. The precincts must be chosen by lot by the State Canvassing
5.2Board at its meeting to canvass the state general election.
5.3 Sec. 12. Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:
5.4 Subdivision 1. Form of presidential ballots. When presidential electors and
5.5alternates are to be voted for, a vote cast for the party candidates for president and vice
5.6president shall be deemed a vote for that party's electors and alternates as filed with the
5.7secretary of state. The secretary of state shall certify the names of all duly nominated
5.8presidential and vice presidential candidates to the county auditors of the counties of
5.9the state. Each county auditor, subject to the rules of the secretary of state, shall cause
5.10the names of the candidates of each major political party and the candidates nominated
5.11by petition to be printed in capital letters, set in type of the same size and style as for
5.12candidates on the state
5.13left of, and on the same line with the names of the candidates for president and vice
5.14president, near the margin, shall be placed a square or box, in which the voters may
5.15indicate their choice by marking an "X."
5.16The form for the presidential ballot and the relative position of the several candidates
5.17shall be determined by the rules applicable to other state officers. The state ballot, with
5.18the required heading, shall be printed on the same piece of paper and shall be below the
5.19presidential ballot with a blank space between one inch in width.
5.20 Sec. 13. Minnesota Statutes 2012, section 211B.045, is amended to read:
5.21211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
5.22
5.23
5.24posted in any number
5.25election year until ten days following the state general election. Municipal ordinances
5.26may regulate the size and number of noncommercial signs at other times.
5.27 Sec. 14. Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:
5.28 Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law
5.29applies to hospital district elections, as far as practicable. Regular elections must be held
5.30in each hospital district at the same time, in the same election precincts, and at the same
5.31polling places as general elections of state and county officers. It may establish the whole
5.32district as a single election precinct or establish two or more different election precincts and
5.33polling places for the elections. If there is more than one precinct, the boundaries of the
6.1election precincts and the locations of the polling places must be defined in the notice of
6.2election, either in full or by reference to a description or map on file in the office of the clerk.
6.3Special elections may be called by the hospital board to vote on any matter required
6.4by law to be submitted to the voters. A special election may not be conducted either
6.5during the
6.6scheduled primary or
6.7
6.8within the hospital district. Special elections must be held within the election precinct or
6.9precincts and at the polling place or places designated by the board. In the case of the
6.10first election of officers of a new district, precincts and polling places must be set by the
6.11governing body of the most populous city or town included in the district.
6.12Advisory ballots may be submitted by the hospital board on any question it wishes,
6.13concerning the affairs of the district, but only at a regular election or at a special election
6.14required for another purpose.
6.15 Sec. 15. EFFECTIVE DATE.
6.16Section 1 is effective for the state primary and state general elections conducted
6.17in 2014 for terms of office beginning on the first Monday in January 2015, and for all
6.18elections held thereafter.
