Bill Text: MN HF1498 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Election law provisions including voter registration, absentee ballots, election day activities, state general election ballots, municipal elections, school district elections, voting, campaigns, hospital district elections, and redistricting various changes made.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Second reading [HF1498 Detail]
Download: Minnesota-2013-HF1498-Introduced.html
1.2relating to elections; making various changes to election law provisions including
1.3provisions related to voter registration, absentee ballots, election day activities,
1.4state general election ballots, municipal elections, school district elections, voting,
1.5campaigns, hospital district elections, and redistricting;amending Minnesota
1.6Statutes 2012, sections 103C.305, subdivision 3; 201.071, subdivision 2;
1.7203B.081; 203B.227; 204B.04, by adding a subdivision; 204B.18, subdivision 2;
1.8204B.32, subdivision 1; 204B.36, subdivision 1; 204C.14; 204C.19, subdivision
1.92; 204C.25; 204C.27; 204D.08, subdivision 6; 204D.11, subdivisions 1, 4, 5,
1.106; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3; 204D.15, subdivision
1.113; 205.13, subdivision 1a; 205.17, subdivisions 1, 3; 205A.05, subdivision 2;
1.12205A.08, subdivision 1; 206.61, subdivision 4; 206.895; 208.04, subdivision 2;
1.13211B.045; 447.32, subdivision 3; proposing coding for new law in Minnesota
1.14Statutes, chapter 2; repealing Minnesota Statutes 2012, sections 204B.42;
1.15204D.11, subdivisions 2, 3; 205.17, subdivisions 2, 4; 205A.08, subdivision 4.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. [2.395] THIRTY-NINTH DISTRICT.
1.18 Subdivision 1. Senate district. Senate District 39 consists of that district as
1.19described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
1.20No. A11-152 (February 21, 2012).
1.21 Subd. 2. House of representatives districts. Notwithstanding the order of the
1.22Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February
1.2321, 2012), Senate District 39, as described in that order, is divided into two house of
1.24representatives districts as follows:
1.25(a) House of Representatives District 39A consists of that district as described in
1.26file L39A-1, on file with the Geographic Information Systems Office of the Legislative
1.27Coordinating Commission and published on its Web site on March 9, 2012.
2.1(b) House of Representatives District 39B consists of that district as described in
2.2file L39B-1, on file with the Geographic Information Systems Office of the Legislative
2.3Coordinating Commission and published on its Web site on March 9, 2012.
2.4EFFECTIVE DATE.This section is effective for the state primary and state general
2.5elections conducted in 2014 for terms of office beginning on the first Monday in January
2.62015, and for all elections held thereafter.
2.7 Sec. 2. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
2.8 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
2.9candidates shall be placed on the"canary ballot" described in section
204D.11, subdivision
2.103
2.11and Water Conservation District Supervisor" or "Conservation District Supervisor," based
2.12upon the district from which the supervisor is to be elected.
2.13 Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
2.14 Subd. 2. Instructions. A registration application shall be accompanied by
2.15instructions specifying the manner and method of registration, the qualifications for
2.16voting, the penalties for false registration, and the availability of registration and voting
2.17assistance for elderly and disabled individuals and residents of health care facilities and
2.18hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
2.19driver's license or identification card, the last four digits of the voter's Social Security
2.20number must be provided, unless the voter does not have a Social Security number. If,
2.21prior to election day, a person requests the instructions in Braille,on cassette tape audio
2.22format, or in a version printed in 16-point bold type with 24-point leading, the county
2.23auditor shall provide them in the form requested. The secretary of state shall prepare
2.24Braille andcassette audio copies and make them available.
2.25 Sec. 4. Minnesota Statutes 2012, section 203B.081, is amended to read:
2.26203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
2.27 An eligible voter may vote by absentee ballot in the office of the county auditor and
2.28at any other polling place designated by the county auditor during the 46 days before: the
2.29election, except as provided in this subdivision.
2.30(1) a regularly scheduled election for federal, state, county, city, or school board
2.31office;
2.32(2) a special election for a federal or county office; and
3.1(3) an election held in conjunction with an election described in clauses (1) and (2),
3.2and Voters casting absentee ballots in person for a town election held in March may
3.3do so during the 30 days beforeany other the election. The county auditor shall make
3.4such designations at least 14 weeks before the election. At least one voting booth in each
3.5polling place must be made available by the county auditor for this purpose. The county
3.6auditor must also make available at least one electronic ballot marker in each polling place
3.7that has implemented a voting system that is accessible for individuals with disabilities
3.8pursuant to section206.57, subdivision 5 .
3.9 Sec. 5. Minnesota Statutes 2012, section 203B.227, is amended to read:
3.10203B.227 WRITE-IN ABSENTEE BALLOT.
3.11 (a) A voter described in section203B.16 , subdivision 1, may use a state write-in
3.12absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local
3.13election. In a state or local election, a vote for a political party without specifying the
3.14name of a candidate must not be counted.
3.15(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post
3.16Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter
3.17registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card
3.18Application. If the voter has not already voted and the accompanying certificate is properly
3.19completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.
3.20 Sec. 6. Minnesota Statutes 2012, section 204B.04, is amended by adding a subdivision
3.21to read:
3.22 Subd. 4. Prohibition on multiple candidacy. A candidate who files an affidavit
3.23of candidacy for an office to be elected at the general election may not subsequently file
3.24another affidavit of candidacy for any other office to be elected on the date of that general
3.25election.
3.26 Sec. 7. Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:
3.27 Subd. 2. Ballot boxes.Each polling place shall be provided with one ballot box for
3.28each kind of ballot to be cast at the election. The boxes shall be substantially the same color
3.29as the ballots to be deposited in them. Each box shall be of sufficient size and shall have a
3.30sufficient opening to receive and contain all the ballots likely to be deposited in it.When
3.31buff or goldenrod ballot boxes are required, a separate box must be provided for each school
3.32district for which ballots are to be cast at that polling place. The number and name of the
3.33school district must appear conspicuously on the top of each buff or goldenrod ballot box.
4.1 Sec. 8. Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:
4.2 Subdivision 1. Payment. (a) The secretary of state shall pay the compensation for
4.3presidential electors, the cost of printingthe pink paper ballots, and all necessary expenses
4.4incurred by the secretary of state in connection with elections.
4.5(b) The counties shall pay the compensation prescribed in section204B.31 , clauses
4.6(b) and (c), the cost of printing thecanary ballots, the white ballots, the pink state general
4.7election ballots when machines are used, the state partisan primary ballots, and the
4.8state and county nonpartisan primary ballots, all necessary expenses incurred by county
4.9auditors in connection with elections, and the expenses of special county elections.
4.10(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
4.11for election judges and sergeants at arms, the cost of printing the municipal ballots,
4.12providing ballot boxes, providing and equipping polling places and all necessary expenses
4.13of the municipal clerks in connection with elections, except special county elections.
4.14(d) The school districts shall pay the compensation prescribed for election judges
4.15and sergeants-at-arms, the cost of printing the school district ballots, providing ballot
4.16boxes, providing and equipping polling places and all necessary expenses of the school
4.17district clerks in connection with school district elections not held in conjunction with
4.18state elections. When school district elections are held in conjunction with state elections,
4.19the school district shall pay the costs of printing the school district ballots, providing ballot
4.20boxes and all necessary expenses of the school district clerk.
4.21All disbursements under this section shall be presented, audited, and paid as in
4.22the case of other public expenses.
4.23 Sec. 9. Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:
4.24 Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
4.25thickness to prevent the printing from being discernible from the back.All ballots of the
4.26same color shall be substantially uniform in style of printing, size, thickness and shade of
4.27color. When the ballots of a particular color vary in shade, those used in any one precinct
4.28shall be of the same shade. All ballots shall be printed in easily readable type with suitable
4.29lines dividing candidates, offices, instructions and other matter printed on ballots. The
4.30name of each candidate shall be printed in capital letters. The same type shall be used for
4.31the names of all candidates on the same ballot.
4.32 Sec. 10. Minnesota Statutes 2012, section 204C.14, is amended to read:
4.33204C.14 UNLAWFUL VOTING; PENALTY.
4.34No individual shall intentionally:
5.1(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
5.2a ballot box or attempting to vote by means of a voting machine or electronic voting system;
5.3(b) vote more than once at the same election;
5.4(c) put a ballot in a ballot box for any illegal purpose;
5.5(d) give more than one ballot of the same kindand color to an election judge to
5.6be placed in a ballot box;
5.7(e) aid, abet, counsel or procure another to go into any precinct for the purpose
5.8of voting in that precinct, knowing that the other individual is not eligible to vote in
5.9that precinct; or
5.10(f) aid, abet, counsel or procure another to do any act in violation of this section.
5.11A violation of this section is a felony.
5.12 Sec. 11. Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:
5.13 Subd. 2. Ballots; order of counting. Except as otherwise provided in this
5.14subdivision, the ballot boxes shall be opened, the votes counted, and the total declaredone
5.15box at a time in the following order: the white box, the pink box, the canary box, the light
5.16green box, the blue box, the buff box, the goldenrod box, the gray box, and then the other
5.17kinds of ballots voted at the election. If enough election judges are available to provide
5.18counting teams of four or more election judges for each box, more than one box may be
5.19opened and counted at the same time. The election judges on each counting team shall be
5.20evenly divided between the major political parties. The numbers entered on the summary
5.21sheet shall not be considered final until the ballots in all the boxes have been counted and
5.22corrections have been made if ballots have been deposited in the wrong boxes.
5.23 Sec. 12. Minnesota Statutes 2012, section 204C.25, is amended to read:
5.24204C.25 DISPOSITION OF BALLOTS.
5.25After the count and the summary statements have been completed, in the presence
5.26of all the election judges, the counted, defective, and blank ballots shall be placed in
5.27envelopesmarked or printed to distinguish the color of the ballots contained, and the
5.28envelopes shall be sealed. The election judges shall sign each envelope over the sealed part
5.29so that the envelope cannot be opened without disturbing the continuity of the signatures.
5.30The numberand kind of ballots in each envelope, the name of the town or city, and the
5.31name of the precinct shall be plainly written upon the envelopes. The number and name of
5.32the district must be plainly written on envelopes containing school district ballots. The
5.33spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
5.34to the county auditor or municipal or school district clerk from whom they were received.
6.1 Sec. 13. Minnesota Statutes 2012, section 204C.27, is amended to read:
6.2204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
6.3One or more of the election judges in each precinct shall deliver two sets of
6.4summary statements; all spoiledwhite, pink, canary, and gray ballots; and the envelopes
6.5containing thewhite, pink, canary, and gray ballots either directly to the municipal clerk
6.6for transmittal to the county auditor's office or directly to the county auditor's office as
6.7soon as possible after the vote counting is completed but no later than 24 hours after the
6.8end of the hours for voting. One or more election judges shall deliver the remaining set
6.9of summary statements and returns, all unused and spoiled municipal and school district
6.10ballots, the envelopes containing municipal and school district ballots, and all other things
6.11furnished by the municipal or school district clerk, to the municipal or school district
6.12clerk's office within 24 hours after the end of the hours for voting. The municipal or school
6.13district clerk shall return all polling place rosters and completed voter registration cards to
6.14the county auditor within 48 hours after the end of the hours for voting.
6.15 Sec. 14. Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:
6.16 Subd. 6. State and county nonpartisan primary ballot. The state and county
6.17nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
6.18Ballot." It shall be printedon canary paper in the manner provided in the rules of the
6.19secretary of state. The names of candidates for nomination to the Supreme Court, Court of
6.20Appeals, district court, and all county offices shall be placed on this ballot.
6.21No candidate whose name is placed on the state and county nonpartisan primary
6.22ballot shall be designated or identified as the candidate of any political party or in any
6.23other manner except as expressly provided by law.
6.24 Sec. 15. Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:
6.25 Subdivision 1.White State general election ballot; rules. The names of
6.26the candidates for allpartisan state and federal offices, all proposed constitutional
6.27amendments, all county offices and questions, and all judicial offices voted on at the state
6.28general election shall be placed on a single ballotprinted on white paper which that shall
6.29be known as the "white state general election ballot." This ballot shall be prepared by the
6.30county auditor subject to the rules of the secretary of state. The secretary of state shall
6.31adopt rules for preparation and time of delivery of thewhite state general election ballot.
6.32 Sec. 16. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
7.1 Subd. 4. Special federalwhite ballot. (a) The names of all candidates for the
7.2offices of president and vice-president of the United States and senator and representative
7.3in Congress shall be placed on a ballotprinted on white paper which that shall be known
7.4as the "special federalwhite ballot."
7.5(b) This ballot shall be prepared by the county auditor in the same manner as
7.6thewhite state general election ballot and shall be subject to the rules adopted by the
7.7secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
7.8in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
7.9United States Code, title 42, section 1973ff.
7.10(c) The special federalwhite ballot shall be the only ballot sent to citizens of
7.11the United States who are eligible to vote by absentee ballot for federal candidates in
7.12Minnesota.
7.13 Sec. 17. Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:
7.14 Subd. 5. Ballot headings. Thewhite, pink, and special federal white ballot
7.15containing the offices and questions in subdivisions 1 and 4, shall be headed with the
7.16words "State General Election Ballot."The canary ballot shall be headed with the words
7.17"County and Judicial Nonpartisan General Election Ballot."
7.18 Sec. 18. Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:
7.19 Subd. 6.Gray Judicial ballot. When the canary ballot would be longer than 30
7.20inches or when it would not be possible to place all offices on a single ballot card for the
7.21state general election, the judicial officesthat should be placed on the canary ballot may be
7.22placed instead on a separategray judicial ballot. The gray judicial ballot shall be prepared
7.23by the county auditor in the manner provided in the rules of the secretary of state.
7.24Thegray judicial ballot must be headed with the words: "Judicial Nonpartisan
7.25General Election Ballot." Separate ballot boxes must be provided for thesegray judicial
7.26ballots.
7.27 Sec. 19. Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:
7.28 Subd. 3. Nominees by petition; placement on ballot. The names of candidates
7.29nominated by petition for a partisan office voted on at the state general election shall be
7.30placed on thewhite state general election ballot after the names of the candidates for that
7.31office who were nominated at the state primary.Prior to the state primary No later than
7.3211 weeks before the state general election, the secretary of state shall determine by lot
7.33the order of candidates nominated by petition. The drawing of lots must be by political
8.1party or principle. The political party or political principle of the candidate as stated on
8.2the petition shall be placed after the name of a candidate nominated by petition. The word
8.3"nonpartisan" shall not be used to designate any partisan candidate whose name is placed
8.4on thewhite state general election ballot by nominating petition.
8.5 Sec. 20. Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:
8.6 Subdivision 1. Rotation of names. The names of candidates for nonpartisan offices
8.7on thecanary state general election ballot and the judicial nonpartisan general election
8.8ballot shall be rotated in the manner provided for rotation of names on state partisan
8.9primary ballots by section204D.08, subdivision 3 .
8.10 Sec. 21. Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:
8.11 Subd. 3. Uncontested judicial offices. Judicial offices for a specific court for
8.12which there is only one candidate filed must appear after all other judicial offices for that
8.13same court on thecanary ballot.
8.14 Sec. 22. Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:
8.15 Subd. 3. Samplepink ballot; constitutional amendments. Four weeks before the
8.16state general election the secretary of state shall file sample copies of thepink ballot
8.17 portion of the state general election ballot that contains the proposed constitutional
8.18amendments in the Secretary of State's Office for public inspection. Three weeks before
8.19the state general election the secretary of state shallmail transmit sample copies of the
8.20pink sample ballot to each county auditor. Each auditor shall post the sample ballot in a
8.21conspicuous place in the auditor's office.
8.22 Sec. 23. Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:
8.23 Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of
8.24candidacy for a city office voted on in November must be filed no more than 84 days nor
8.25less than 70 days before the city primary. In municipalities that do not hold a primary, an
8.26affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
8.27the municipal general election held in March in any year, or a special election not held in
8.28conjunction with another election, and no more than 98 days nor less than 84 days before
8.29the municipal general election held in November of any year. The municipal clerk's office
8.30must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.
8.31 Sec. 24. Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:
9.1 Subdivision 1.Second, third, and fourth class cities; towns Municipal offices;
9.2questions; general election ballot. In all statutory and home rule charter citiesof the
9.3second, third, and fourth class, and in all towns, for the municipal general election, the
9.4municipal clerk shall have printedon light green paper the official ballot containing the
9.5names of all candidates for municipal offices and municipal ballot questions. The ballot
9.6shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election
9.7Ballot," shall state the name of the city or town and the date of the election, and shall
9.8conform in other respects to thewhite ballot used at the state general election ballot. The
9.9names shall be arranged on city ballots in the manner provided for the state elections. On
9.10town ballots names of the candidates for each office shall be arranged either:
9.11(1) alphabetically according to the candidates' surnames; or
9.12(2) in the manner provided for state elections if the town electors chose at the town's
9.13annual meeting to arrange the names in that way for at least two consecutive years.
9.14 Sec. 25. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
9.15 Subd. 3. Primary ballots. The municipal primary ballotin cities of the second,
9.16third, and fourth class and towns and the nonpartisan primary ballot in cities of the first
9.17class shall conform as far as practicable with the municipal general election ballot except
9.18that it shall be printed on light green paper. No blank spaces shall be provided for writing
9.19in the names of candidates.The partisan primary ballot in cities of the first class shall
9.20conform as far as practicable with the state partisan primary ballot.
9.21 Sec. 26. Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:
9.22 Subd. 2. Vacancies in school district offices. Special elections shall be held in
9.23school districts in conjunction with school district primary and general elections to fill
9.24vacancies in elective school district offices. When more than one vacancy exists in an
9.25office elected at-large, voters must be instructed to vote for up to the number of vacancies
9.26to be filled.
9.27 Sec. 27. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
9.28 Subdivision 1.Buff General election ballot. The names of all candidates for offices
9.29and all ballot questions to be voted on at a school district general election must be placed
9.30on a single ballotprinted on buff paper and known as the "buff ballot.".
9.31 Sec. 28. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
10.1 Subd. 4. Order of candidates. On the "State Partisan Primary Ballot" prepared for
10.2primary elections, and on thewhite state general election ballot prepared for the general
10.3election, the order of the names of nominees or names of candidates for election shall be
10.4the same as required for paper ballots. More than one column or row may be used for the
10.5same office or party. Electronic ballot display and audio ballot readers must conform to
10.6the candidate order on the optical scan ballot used in the precinct.
10.7 Sec. 29. Minnesota Statutes 2012, section 206.895, is amended to read:
10.8206.895 SECRETARY OF STATE MONITOR.
10.9The secretary of state must monitor and evaluate election procedures in precincts
10.10subject to the audit provided for in section206.89 in at least four precincts one precinct in
10.11each congressional district. The precincts must be chosen by lot by the State Canvassing
10.12Board at its meeting to canvass the state general election.
10.13 Sec. 30. Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:
10.14 Subd. 2. Applicable rules. The rules for preparation, state contribution to the cost
10.15of printing, and delivery of presidential ballots are the same as the rules forwhite state
10.16general election ballots under section204D.11, subdivision 1 .
10.17 Sec. 31. Minnesota Statutes 2012, section 211B.045, is amended to read:
10.18211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
10.19In any municipality, whether or not the municipality has an ordinance that regulates
10.20the size or number of noncommercial signs, All noncommercial signs of any size may be
10.21posted in any numberfrom beginning 46 days before the state primary in a state general
10.22election year until ten days following the state general election. Municipal ordinances
10.23may regulate the size and number of noncommercial signs at other times.
10.24 Sec. 32. Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read:
10.25 Subd. 3. Election notices. At least two weeks before the first day to file affidavits
10.26of candidacy, the clerk of the district shall publish a notice stating the first and last day
10.27on which affidavits of candidacy may be filed, the places for filing the affidavits and the
10.28closing time of the last day for filing. The clerk shall post a similar notice in at least one
10.29conspicuous place in each city and town in the district at least ten days before the first
10.30day to file affidavits of candidacy.
10.31At least53 74 days prior to every hospital district election, the hospital district clerk
10.32shall provide a written notice to the county auditor of each county in which the hospital
11.1district is located. The notice must include the date of the election, the offices to be voted
11.2on at the election, and the title and language for each ballot question to be voted on at the
11.3election.At least 46 days before a hospital district election for which a notice is provided
11.4to the county auditor under this subdivision, The county auditor shall immediately provide
11.5a notice to the secretary of state in a manner and including information prescribed by
11.6the secretary of state.
11.7The notice of each election must be posted in at least one public and conspicuous
11.8place within each city and town included in the district at leastten days two weeks before
11.9the election. It must be published in the official newspaper of the district or, if a paper has
11.10not been designated, in a legal newspaper having general circulation within the district, at
11.11least two weeks before the election. Failure to give notice does not invalidate the election
11.12of an officer of the district. A voter may contest a hospital district election in accordance
11.13with chapter 209. Chapter 209 applies to hospital district elections.
11.14 Sec. 33. REPEALER.
11.15Minnesota Statutes 2012, sections 204B.42; 204D.11, subdivisions 2 and 3; 205.17,
11.16subdivisions 2 and 4; and 205A.08, subdivision 4, are repealed.
1.3provisions related to voter registration, absentee ballots, election day activities,
1.4state general election ballots, municipal elections, school district elections, voting,
1.5campaigns, hospital district elections, and redistricting;amending Minnesota
1.6Statutes 2012, sections 103C.305, subdivision 3; 201.071, subdivision 2;
1.7203B.081; 203B.227; 204B.04, by adding a subdivision; 204B.18, subdivision 2;
1.8204B.32, subdivision 1; 204B.36, subdivision 1; 204C.14; 204C.19, subdivision
1.92; 204C.25; 204C.27; 204D.08, subdivision 6; 204D.11, subdivisions 1, 4, 5,
1.106; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3; 204D.15, subdivision
1.113; 205.13, subdivision 1a; 205.17, subdivisions 1, 3; 205A.05, subdivision 2;
1.12205A.08, subdivision 1; 206.61, subdivision 4; 206.895; 208.04, subdivision 2;
1.13211B.045; 447.32, subdivision 3; proposing coding for new law in Minnesota
1.14Statutes, chapter 2; repealing Minnesota Statutes 2012, sections 204B.42;
1.15204D.11, subdivisions 2, 3; 205.17, subdivisions 2, 4; 205A.08, subdivision 4.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. [2.395] THIRTY-NINTH DISTRICT.
1.18 Subdivision 1. Senate district. Senate District 39 consists of that district as
1.19described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
1.20No. A11-152 (February 21, 2012).
1.21 Subd. 2. House of representatives districts. Notwithstanding the order of the
1.22Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February
1.2321, 2012), Senate District 39, as described in that order, is divided into two house of
1.24representatives districts as follows:
1.25(a) House of Representatives District 39A consists of that district as described in
1.26file L39A-1, on file with the Geographic Information Systems Office of the Legislative
1.27Coordinating Commission and published on its Web site on March 9, 2012.
2.1(b) House of Representatives District 39B consists of that district as described in
2.2file L39B-1, on file with the Geographic Information Systems Office of the Legislative
2.3Coordinating Commission and published on its Web site on March 9, 2012.
2.4EFFECTIVE DATE.This section is effective for the state primary and state general
2.5elections conducted in 2014 for terms of office beginning on the first Monday in January
2.62015, and for all elections held thereafter.
2.7 Sec. 2. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
2.8 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
2.9candidates shall be placed on the
2.10
2.11and Water Conservation District Supervisor" or "Conservation District Supervisor," based
2.12upon the district from which the supervisor is to be elected.
2.13 Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
2.14 Subd. 2. Instructions. A registration application shall be accompanied by
2.15instructions specifying the manner and method of registration, the qualifications for
2.16voting, the penalties for false registration, and the availability of registration and voting
2.17assistance for elderly and disabled individuals and residents of health care facilities and
2.18hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
2.19driver's license or identification card, the last four digits of the voter's Social Security
2.20number must be provided, unless the voter does not have a Social Security number. If,
2.21prior to election day, a person requests the instructions in Braille,
2.22format, or in a version printed in 16-point bold type with 24-point leading, the county
2.23auditor shall provide them in the form requested. The secretary of state shall prepare
2.24Braille and
2.25 Sec. 4. Minnesota Statutes 2012, section 203B.081, is amended to read:
2.26203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
2.27 An eligible voter may vote by absentee ballot in the office of the county auditor and
2.28at any other polling place designated by the county auditor during the 46 days before
2.29election, except as provided in this subdivision.
2.30
2.31
2.32
3.1
3.2
3.3do so during the 30 days before
3.4such designations at least 14 weeks before the election. At least one voting booth in each
3.5polling place must be made available by the county auditor for this purpose. The county
3.6auditor must also make available at least one electronic ballot marker in each polling place
3.7that has implemented a voting system that is accessible for individuals with disabilities
3.8pursuant to section
3.9 Sec. 5. Minnesota Statutes 2012, section 203B.227, is amended to read:
3.10203B.227 WRITE-IN ABSENTEE BALLOT.
3.11 (a) A voter described in section
3.12
3.13election. In a state or local election, a vote for a political party without specifying the
3.14name of a candidate must not be counted.
3.15(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post
3.16Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter
3.17registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card
3.18Application. If the voter has not already voted and the accompanying certificate is properly
3.19completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.
3.20 Sec. 6. Minnesota Statutes 2012, section 204B.04, is amended by adding a subdivision
3.21to read:
3.22 Subd. 4. Prohibition on multiple candidacy. A candidate who files an affidavit
3.23of candidacy for an office to be elected at the general election may not subsequently file
3.24another affidavit of candidacy for any other office to be elected on the date of that general
3.25election.
3.26 Sec. 7. Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:
3.27 Subd. 2. Ballot boxes.
3.28
3.29
3.30sufficient opening to receive and contain all the ballots likely to be deposited in it.
3.31
3.32
3.33
4.1 Sec. 8. Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:
4.2 Subdivision 1. Payment. (a) The secretary of state shall pay the compensation for
4.3presidential electors, the cost of printing
4.4incurred by the secretary of state in connection with elections.
4.5(b) The counties shall pay the compensation prescribed in section
4.6(b) and (c), the cost of printing the
4.7election ballots when machines are used, the state partisan primary ballots, and the
4.8state and county nonpartisan primary ballots, all necessary expenses incurred by county
4.9auditors in connection with elections, and the expenses of special county elections.
4.10(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
4.11for election judges and sergeants at arms, the cost of printing the municipal ballots,
4.12providing ballot boxes, providing and equipping polling places and all necessary expenses
4.13of the municipal clerks in connection with elections, except special county elections.
4.14(d) The school districts shall pay the compensation prescribed for election judges
4.15and sergeants-at-arms, the cost of printing the school district ballots, providing ballot
4.16boxes, providing and equipping polling places and all necessary expenses of the school
4.17district clerks in connection with school district elections not held in conjunction with
4.18state elections. When school district elections are held in conjunction with state elections,
4.19the school district shall pay the costs of printing the school district ballots, providing ballot
4.20boxes and all necessary expenses of the school district clerk.
4.21All disbursements under this section shall be presented, audited, and paid as in
4.22the case of other public expenses.
4.23 Sec. 9. Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:
4.24 Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
4.25thickness to prevent the printing from being discernible from the back.
4.26
4.27
4.28
4.29lines dividing candidates, offices, instructions and other matter printed on ballots. The
4.30name of each candidate shall be printed in capital letters. The same type shall be used for
4.31the names of all candidates on the same ballot.
4.32 Sec. 10. Minnesota Statutes 2012, section 204C.14, is amended to read:
4.33204C.14 UNLAWFUL VOTING; PENALTY.
4.34No individual shall intentionally:
5.1(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
5.2a ballot box or attempting to vote by means of a voting machine or electronic voting system;
5.3(b) vote more than once at the same election;
5.4(c) put a ballot in a ballot box for any illegal purpose;
5.5(d) give more than one ballot of the same kind
5.6be placed in a ballot box;
5.7(e) aid, abet, counsel or procure another to go into any precinct for the purpose
5.8of voting in that precinct, knowing that the other individual is not eligible to vote in
5.9that precinct; or
5.10(f) aid, abet, counsel or procure another to do any act in violation of this section.
5.11A violation of this section is a felony.
5.12 Sec. 11. Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:
5.13 Subd. 2. Ballots; order of counting. Except as otherwise provided in this
5.14subdivision, the ballot boxes shall be opened, the votes counted, and the total declared
5.15
5.16
5.17
5.18
5.19
5.20evenly divided between the major political parties. The numbers entered on the summary
5.21sheet shall not be considered final until the ballots in all the boxes have been counted and
5.22corrections have been made if ballots have been deposited in the wrong boxes.
5.23 Sec. 12. Minnesota Statutes 2012, section 204C.25, is amended to read:
5.24204C.25 DISPOSITION OF BALLOTS.
5.25After the count and the summary statements have been completed, in the presence
5.26of all the election judges, the counted, defective, and blank ballots shall be placed in
5.27envelopes
5.28envelopes shall be sealed. The election judges shall sign each envelope over the sealed part
5.29so that the envelope cannot be opened without disturbing the continuity of the signatures.
5.30The number
5.31name of the precinct shall be plainly written upon the envelopes. The number and name of
5.32the district must be plainly written on envelopes containing school district ballots. The
5.33spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
5.34to the county auditor or municipal or school district clerk from whom they were received.
6.1 Sec. 13. Minnesota Statutes 2012, section 204C.27, is amended to read:
6.2204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
6.3One or more of the election judges in each precinct shall deliver two sets of
6.4summary statements; all spoiled
6.5containing the
6.6for transmittal to the county auditor's office or directly to the county auditor's office as
6.7soon as possible after the vote counting is completed but no later than 24 hours after the
6.8end of the hours for voting. One or more election judges shall deliver the remaining set
6.9of summary statements and returns, all unused and spoiled municipal and school district
6.10ballots, the envelopes containing municipal and school district ballots, and all other things
6.11furnished by the municipal or school district clerk, to the municipal or school district
6.12clerk's office within 24 hours after the end of the hours for voting. The municipal or school
6.13district clerk shall return all polling place rosters and completed voter registration cards to
6.14the county auditor within 48 hours after the end of the hours for voting.
6.15 Sec. 14. Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:
6.16 Subd. 6. State and county nonpartisan primary ballot. The state and county
6.17nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
6.18Ballot." It shall be printed
6.19secretary of state. The names of candidates for nomination to the Supreme Court, Court of
6.20Appeals, district court, and all county offices shall be placed on this ballot.
6.21No candidate whose name is placed on the state and county nonpartisan primary
6.22ballot shall be designated or identified as the candidate of any political party or in any
6.23other manner except as expressly provided by law.
6.24 Sec. 15. Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:
6.25 Subdivision 1.
6.26the candidates for all
6.27amendments, all county offices and questions, and all judicial offices voted on at the state
6.28general election shall be placed on a single ballot
6.29be known as the "
6.30county auditor subject to the rules of the secretary of state. The secretary of state shall
6.31adopt rules for preparation and time of delivery of the
6.32 Sec. 16. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
7.1 Subd. 4. Special federal
7.2offices of president and vice-president of the United States and senator and representative
7.3in Congress shall be placed on a ballot
7.4as the "special federal
7.5(b) This ballot shall be prepared by the county auditor in the same manner as
7.6the
7.7secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
7.8in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
7.9United States Code, title 42, section 1973ff.
7.10(c) The special federal
7.11the United States who are eligible to vote by absentee ballot for federal candidates in
7.12Minnesota.
7.13 Sec. 17. Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:
7.14 Subd. 5. Ballot headings. The
7.15containing the offices and questions in subdivisions 1 and 4, shall be headed with the
7.16words "State General Election Ballot."
7.17
7.18 Sec. 18. Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:
7.19 Subd. 6.
7.20
7.21state general election, the judicial offices
7.22placed instead on a separate
7.23by the county auditor in the manner provided in the rules of the secretary of state.
7.24The
7.25General Election Ballot." Separate ballot boxes must be provided for these
7.26ballots.
7.27 Sec. 19. Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:
7.28 Subd. 3. Nominees by petition; placement on ballot. The names of candidates
7.29nominated by petition for a partisan office voted on at the state general election shall be
7.30placed on the
7.31office who were nominated at the state primary.
7.3211 weeks before the state general election, the secretary of state shall determine by lot
7.33the order of candidates nominated by petition. The drawing of lots must be by political
8.1party or principle. The political party or political principle of the candidate as stated on
8.2the petition shall be placed after the name of a candidate nominated by petition. The word
8.3"nonpartisan" shall not be used to designate any partisan candidate whose name is placed
8.4on the
8.5 Sec. 20. Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:
8.6 Subdivision 1. Rotation of names. The names of candidates for nonpartisan offices
8.7on the
8.8ballot shall be rotated in the manner provided for rotation of names on state partisan
8.9primary ballots by section
8.10 Sec. 21. Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:
8.11 Subd. 3. Uncontested judicial offices. Judicial offices for a specific court for
8.12which there is only one candidate filed must appear after all other judicial offices for that
8.13same court on the
8.14 Sec. 22. Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:
8.15 Subd. 3. Sample
8.16state general election the secretary of state shall file sample copies of the
8.17 portion of the state general election ballot that contains the proposed constitutional
8.18amendments in the Secretary of State's Office for public inspection. Three weeks before
8.19the state general election the secretary of state shall
8.20
8.21conspicuous place in the auditor's office.
8.22 Sec. 23. Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:
8.23 Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of
8.24candidacy for a city office voted on in November must be filed no more than 84 days nor
8.25less than 70 days before the city primary. In municipalities that do not hold a primary, an
8.26affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
8.27the municipal general election held in March in any year, or a special election not held in
8.28conjunction with another election, and no more than 98 days nor less than 84 days before
8.29the municipal general election held in November of any year. The municipal clerk's office
8.30must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.
8.31 Sec. 24. Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:
9.1 Subdivision 1.
9.2questions; general election ballot. In all statutory and home rule charter cities
9.3
9.4municipal clerk shall have printed
9.5names of all candidates for municipal offices and municipal ballot questions. The ballot
9.6shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election
9.7Ballot," shall state the name of the city or town and the date of the election, and shall
9.8conform in other respects to the
9.9names shall be arranged on city ballots in the manner provided for the state elections. On
9.10town ballots names of the candidates for each office shall be arranged either:
9.11(1) alphabetically according to the candidates' surnames; or
9.12(2) in the manner provided for state elections if the town electors chose at the town's
9.13annual meeting to arrange the names in that way for at least two consecutive years.
9.14 Sec. 25. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
9.15 Subd. 3. Primary ballots. The municipal primary ballot
9.16
9.17
9.18
9.19in the names of candidates.
9.20
9.21 Sec. 26. Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:
9.22 Subd. 2. Vacancies in school district offices. Special elections shall be held in
9.23school districts in conjunction with school district primary and general elections to fill
9.24vacancies in elective school district offices. When more than one vacancy exists in an
9.25office elected at-large, voters must be instructed to vote for up to the number of vacancies
9.26to be filled.
9.27 Sec. 27. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
9.28 Subdivision 1.
9.29and all ballot questions to be voted on at a school district general election must be placed
9.30on a single ballot
9.31 Sec. 28. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
10.1 Subd. 4. Order of candidates. On the "State Partisan Primary Ballot" prepared for
10.2primary elections, and on the
10.3election, the order of the names of nominees or names of candidates for election shall be
10.4the same as required for paper ballots. More than one column or row may be used for the
10.5same office or party. Electronic ballot display and audio ballot readers must conform to
10.6the candidate order on the optical scan ballot used in the precinct.
10.7 Sec. 29. Minnesota Statutes 2012, section 206.895, is amended to read:
10.8206.895 SECRETARY OF STATE MONITOR.
10.9The secretary of state must monitor and evaluate election procedures in precincts
10.10subject to the audit provided for in section
10.11each congressional district. The precincts must be chosen by lot by the State Canvassing
10.12Board at its meeting to canvass the state general election.
10.13 Sec. 30. Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:
10.14 Subd. 2. Applicable rules. The rules for preparation, state contribution to the cost
10.15of printing, and delivery of presidential ballots are the same as the rules for
10.16general election ballots under section
10.17 Sec. 31. Minnesota Statutes 2012, section 211B.045, is amended to read:
10.18211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
10.19
10.20
10.21posted in any number
10.22election year until ten days following the state general election. Municipal ordinances
10.23may regulate the size and number of noncommercial signs at other times.
10.24 Sec. 32. Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read:
10.25 Subd. 3. Election notices. At least two weeks before the first day to file affidavits
10.26of candidacy, the clerk of the district shall publish a notice stating the first and last day
10.27on which affidavits of candidacy may be filed, the places for filing the affidavits and the
10.28closing time of the last day for filing. The clerk shall post a similar notice in at least one
10.29conspicuous place in each city and town in the district at least ten days before the first
10.30day to file affidavits of candidacy.
10.31At least
10.32shall provide a written notice to the county auditor of each county in which the hospital
11.1district is located. The notice must include the date of the election, the offices to be voted
11.2on at the election, and the title and language for each ballot question to be voted on at the
11.3election.
11.4
11.5a notice to the secretary of state in a manner and including information prescribed by
11.6the secretary of state.
11.7The notice of each election must be posted in at least one public and conspicuous
11.8place within each city and town included in the district at least
11.9the election. It must be published in the official newspaper of the district or, if a paper has
11.10not been designated, in a legal newspaper having general circulation within the district, at
11.11least two weeks before the election. Failure to give notice does not invalidate the election
11.12of an officer of the district. A voter may contest a hospital district election in accordance
11.13with chapter 209. Chapter 209 applies to hospital district elections.
11.14 Sec. 33. REPEALER.
11.15Minnesota Statutes 2012, sections 204B.42; 204D.11, subdivisions 2 and 3; 205.17,
11.16subdivisions 2 and 4; and 205A.08, subdivision 4, are repealed.
