Bill Text: MN HF979 | 2013-2014 | 88th Legislature | Engrossed

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Bill Title: Election procedures and administration modified, ballot formatting modified, and timelines adjusted.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-03-11 - Second reading [HF979 Detail]

Download: Minnesota-2013-HF979-Engrossed.html

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A bill for an act

relating to elections; modifying election procedures; modifying election
administration; modifying ballot formatting; adjusting timelines;amending
Minnesota Statutes 2012, sections 103C.225, subdivision 3; 103C.305,
subdivision 3; 201.071, subdivision 2; 201.091, subdivision 8; 201.12,
subdivision 3; 201.13, subdivision 1a; 201.14; 202A.14, subdivision 1; 203B.05,
subdivision 1; 203B.08, subdivision 3; 203B.081; 203B.121, subdivisions 2, 5;
203B.227; 203B.28; 204B.04, by adding a subdivision; 204B.18, subdivision
2; 204B.22, subdivisions 1, 2; 204B.28, subdivision 1; 204B.32, subdivision 1;
204B.33; 204B.35, subdivision 4; 204B.36, subdivision 1; 204B.45, subdivision
2; 204B.46; 204C.14; 204C.15, subdivision 1; 204C.19, subdivision 2; 204C.25;
204C.27; 204D.08, subdivision 6; 204D.09, subdivision 2; 204D.11, subdivisions
1, 4, 5, 6; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3; 204D.15,
subdivision 3; 204D.16; 204D.165; 204D.19, subdivision 2; 205.02, subdivision
2; 205.10, subdivision 3; 205.13, subdivision 1a, by adding a subdivision;
205.16, subdivisions 4, 5; 205.17, subdivisions 1, 3; 205A.04, by adding a
subdivision; 205A.05, subdivisions 1, 2; 205A.06, by adding a subdivision;
205A.07, subdivisions 3, 3a, 3b; 205A.08, subdivision 1; 206.61, subdivision 4;
206.89, subdivisions 2, 3; 206.895; 206.90, subdivision 6; 208.04, subdivisions
1, 2; 211B.045; 211B.37; 340A.416, subdivisions 2, 3; 340A.602; 375.20;
447.32, subdivisions 2, 3, 4; Laws 1963, chapter 276, section 2, subdivision 2,
as amended; repealing Minnesota Statutes 2012, sections 204B.42; 204D.11,
subdivisions 2, 3; 205.17, subdivisions 2, 4; 205A.08, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2012, section 103C.225, subdivision 3, is amended to
read:
    Subd. 3. Referendum. (a) Within 60 days after the petition is received by the state
board, it shall give due notice of the holding of a referendum, schedule the referendum at
the next general election, and cooperate with county election officials to accomplish the
election in the most expedient manner. Upon receipt of a petition, the state board shall
provide written notice to the secretary of state and the county auditor of each county in
which the district is located no later than 74 days before the state general election. The
notice must include the date of the election and the title and text of the question to be
placed on the ballot. Prior to the referendum, the state board shall facilitate the preparation
of a plan to continue the administration of the powers, duties, and responsibilities of the
district, including the functions of the district board.
(b) The question shall be submitted by ballots, upon which the words "For terminating
the existence of appear on the ballot in the following form: "Shall the .................. (name
of the soil and water conservation district to be here inserted)" and "Against terminating
the existence of the .................. (name of the soil and water conservation district to be here
inserted)" shall be printed, with a square before each proposition and a direction to insert
an X mark in the square before one or the other be terminated?".
(c) Only eligible voters in the district may vote in the referendum.
(d) Informalities in the conduct of the referendum or matters relating to the
referendum do not invalidate the referendum, or result of the referendum, if due notice has
been given and the referendum has been fairly conducted.
(e) The state board shall publish the result of the referendum.

    Sec. 2. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision
3 state general election ballot. The office title printed on the ballot must be either "Soil
and Water Conservation District Supervisor" or "Conservation District Supervisor," based
upon the district from which the supervisor is to be elected.

    Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
    Subd. 2. Instructions. A registration application shall be accompanied by
instructions specifying the manner and method of registration, the qualifications for
voting, the penalties for false registration, and the availability of registration and voting
assistance for elderly and disabled individuals and residents of health care facilities and
hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
driver's license or identification card, the last four digits of the voter's Social Security
number must be provided, unless the voter does not have a Social Security number. If,
prior to election day, a person requests the instructions in Braille, on cassette tape audio
format, or in a version printed in 16-point bold type with 24-point leading, the county
auditor shall provide them in the form requested. The secretary of state shall prepare
Braille and cassette audio copies and make them available.

    Sec. 4. Minnesota Statutes 2012, section 201.091, subdivision 8, is amended to read:
    Subd. 8. Registration places. Each county auditor shall designate a number of
public buildings in those political subdivisions of the county where preregistration of
voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
register to vote. At least one public building must be designated for each 30,000 residents
of the county. At least one telecommunications device for the deaf must be available for
voter registration information in each county seat and in every city of the first, second,
and third class.
    An adequate supply of registration applications and instructions must be maintained
at each designated location, and a designated individual must be available there to accept
registration applications and transmit them to the county auditor.
    A person who, because of disability, needs assistance in order to determine eligibility
or to register must be assisted by a designated individual. Assistance includes but is not
limited to reading the registration form and instructions and filling out the registration
form as directed by the eligible voter.

    Sec. 5. Minnesota Statutes 2012, section 201.12, subdivision 3, is amended to read:
    Subd. 3. Moved out of state. If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a notice
advising the voter that the voter's status in the statewide voter registration system will be
changed to "inactive" unless the voter notifies the county auditor within 21 days that the
voter is retaining the former address as the voter's address of residence. If the voter's
record is challenged due to a felony conviction, lack of United States citizenship, legal
incompetence, or court-ordered revocation of voting rights of persons under guardianship,
the county auditor must not mail this notice. If the notice is not received by the deadline,
the county auditor shall change the voter's status to "inactive" in the statewide voter
registration system.

    Sec. 6. Minnesota Statutes 2012, section 201.13, subdivision 1a, is amended to read:
    Subd. 1a. Social Security Administration; other reports of deceased residents.
The secretary of state shall may determine if any of the persons listed on the Social
Security Death Index or reported as deceased by the vital records department of another
state are registered to vote and prepare a list of those registrants for each county auditor.
The county auditor shall change the status of those registrants to "deceased" in the
statewide voter registration system.

    Sec. 7. Minnesota Statutes 2012, section 201.14, is amended to read:
201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
CHANGES OF NAMES.
The state court administrator shall regularly report by electronic means to the
secretary of state the name, address, and, if available, driver's license or state identification
card number of each individual, 18 years of age or over, whose name was changed since
the last report, by marriage, divorce, or any order or decree of the court. The secretary of
state shall determine if any of the persons in the report are registered to vote under their
previous name and shall prepare a list of those registrants for each county auditor. Upon
receipt of the list, the county auditor shall make the change in the voter's record and mail
to the voter the notice of registration required by section 201.121, subdivision 2. A notice
must not be mailed if the voter's record is challenged due to a felony conviction, lack of
United States citizenship, legal incompetence, or court-ordered revocation of voting rights
of persons under guardianship.

    Sec. 8. Minnesota Statutes 2012, section 202A.14, subdivision 1, is amended to read:
    Subdivision 1. Time and manner of holding; postponement. (a) In every state
general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph
(b), there shall be held for every election precinct a party caucus in the manner provided
in sections 202A.14 to 202A.19.
    (b)(1) The chairs of the two largest major political parties shall jointly submit to
the secretary of state, no later than March 1 of each odd-numbered year, the single date
on which the two parties have agreed to conduct their precinct caucuses in the next
even-numbered year.
    (2) On March 1 of each odd-numbered year Within two business days after the
parties have agreed on a single date on which to conduct their precinct caucuses, the
secretary of state shall publicly announce the official state precinct caucus date for the
following general election year.
    (3) If the chairs of the two largest major political parties do not jointly submit a
single date for conducting their precinct caucuses as provided in this paragraph, then
for purposes of the next general election year, the first Tuesday in February shall be
considered the day of a major political party precinct caucus and sections 202A.19 and
202A.192 shall only apply on that date.
    (4) For purposes of this paragraph, the two largest major political parties shall be the
parties whose candidates for governor received the greatest and second greatest number of
votes at the most recent gubernatorial election.
    (c) In the event of severe weather a major political party may request the secretary of
state to postpone caucuses. If a major political party makes a request, or upon the secretary
of state's own initiative, after consultation with all major political parties and on the advice
of the federal Weather Bureau and the Department of Transportation, the secretary of state
may declare precinct caucuses to be postponed for a week in counties where weather
makes travel especially dangerous. The secretary of state shall submit a notice of the
postponement to news media covering the affected counties by 6:00 p.m. on the scheduled
day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision.

    Sec. 9. Minnesota Statutes 2012, section 203B.05, subdivision 1, is amended to read:
    Subdivision 1. Generally. The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:
(1) the county auditor of that county has designated the clerk to administer them; or
(2) the clerk has given the county auditor of that county notice of intention to
administer them.
The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.
A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 if the clerk has been designated by each of
the county auditors or has provided notice to each of the county auditors that the city will
administer absentee voting. A clerk may only administer the provisions of sections 203B.04
to 203B.15 if the clerk has technical capacity to access the statewide voter registration
system in the secure manner prescribed by the secretary of state. The secretary of state
must identify hardware, software, security, or other technical prerequisites necessary to
ensure the security, access controls, and performance of the statewide voter registration
system. A clerk must receive training approved by the secretary of state on the use of the
statewide voter registration system before administering this section. A clerk may not use
the statewide voter registration system until the clerk has received the required training.
The county auditor must notify the secretary of state of any municipal clerk who will be
administering the provisions of this section and the duties that the clerk will administer.

    Sec. 10. Minnesota Statutes 2012, 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 or initial and date the return
envelope and place it in a secure location with other return envelopes received by that
office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
the ballot board all ballots received, except that during the 14 days immediately preceding
an election, the county auditor or municipal clerk shall deliver all ballots received to
the ballot board within three days. Ballots received on election day either (1) after 3:00
p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
method, shall be marked as received late by the county auditor or municipal clerk, and
must not be delivered to the ballot board.

    Sec. 11. Minnesota Statutes 2012, section 203B.081, is amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
    An eligible voter may vote by absentee ballot in the office of the county auditor and
at any other polling place designated by the county auditor during the 46 days before: the
election, except as provided in this subdivision.
(1) a regularly scheduled election for federal, state, county, city, or school board
office;
(2) a special election for a federal or county office; and
(3) an election held in conjunction with an election described in clauses (1) and (2),
    and Voters casting absentee ballots in person for a town election held in March may
do so during the 30 days before any other the election. The county auditor shall make
such designations at least 14 weeks before the election. At least one voting booth in each
polling place must be made available by the county auditor for this purpose. The county
auditor must also make available at least one electronic ballot marker in each polling place
that has implemented a voting system that is accessible for individuals with disabilities
pursuant to section 206.57, subdivision 5.

    Sec. 12. Minnesota Statutes 2012, section 203B.121, subdivision 2, is amended to read:
    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance with
section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
clerk, two or more members of the ballot board shall examine each return envelope and shall
mark it accepted or rejected in the manner provided in this subdivision. Election judges
performing the duties in this section must be of different major political parties, unless they
are staff of the county auditor, municipal clerk, or school district clerk, or are exempt from
that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.
(b) The members of the ballot board shall mark the return envelope "Accepted" and
initial or sign the return envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope 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 signed the certification on the envelope;
(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application, or if a number was not submitted on the application, the election judges
must compare the signature provided by the applicant to determine whether the ballots
were returned by the same person to whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope;
(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and
(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the fourth day before the election, by absentee ballot.
The return envelope from accepted ballots must be preserved and returned to the
county auditor.
(c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
word "Rejected," list the reason for the rejection on the envelope, and return it to the
county auditor. There is no other reason for rejecting an absentee ballot beyond those
permitted by this section. Failure to place the ballot within the security envelope before
placing it in the outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the
envelope must remain sealed and the official in charge of the ballot board shall provide the
voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written
notice of absentee ballot rejection between six and ten weeks following the election. If the
official determines that the voter has otherwise cast a ballot in the election, no notice is
required. If an absentee ballot arrives after the deadline for submission provided by this
chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
notice of absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received
after the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.
(e) An absentee ballot return envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.

    Sec. 13. Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read:
    Subd. 5. Storage and counting of absentee ballots. (a) On a day on which absentee
ballots are inserted into a ballot box, two members of the ballot board must:
(1) remove the ballots from the ballot box at the end of the day;
(2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters whose absentee ballots were accepted
that day; and
(3) seal and secure all voted and unvoted ballots present in that location at the end
of the day.
(b) After the polls have closed on election day, two members of the ballot board
must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
and the total votes cast for each candidate or question. In state primary and state general
elections, the results must indicate the total votes cast for each candidate or question in each
precinct and report the vote totals tabulated for each precinct. The count shall be public.
No vote totals from ballots may be made public before the close of voting on election day
must be recorded on a summary statement in substantially the same format as provided in
section 204C.26. The ballot board shall submit at least one completed summary statement
to the county auditor or municipal clerk. The county auditor or municipal clerk may
require the ballot board to submit a sufficient number of completed summary statements to
comply with the provisions of section 204C.27, or the county auditor or municipal clerk
may certify reports containing the details of the ballot board summary statement to the
recipients of the summary statements designated in section 204C.27.
In state primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.
The count shall be public. No vote totals from ballots may be made public before the
close of voting on election day.
(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee
ballots arrived after the rosters were marked or supplemental reports were generated
and whose ballots were accepted did not vote in person on election day. An absentee
ballot submitted by a voter who has voted in person on election day must be rejected. All
other accepted absentee ballots must be opened, duplicated if necessary, and counted by
members of the ballot board. The vote totals from these ballots must be incorporated into
the totals with the other absentee ballots and handled according to paragraph (b).

    Sec. 14. Minnesota Statutes 2012, section 203B.227, is amended to read:
203B.227 WRITE-IN ABSENTEE BALLOT.
    (a) A voter described in section 203B.16, subdivision 1, may use a state write-in
absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local
election. In a state or local election, a vote for a political party without specifying the
name of a candidate must not be counted.
(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post
Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter
registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card
Application. If the voter has not already voted and the accompanying certificate is properly
completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

    Sec. 15. Minnesota Statutes 2012, section 203B.28, is amended to read:
203B.28 POSTELECTION REPORT TO LEGISLATURE.
By March 1, 2011, and by January 15 of every odd-numbered year thereafter, the
secretary of state shall provide to the chair and ranking minority members of the legislative
committees with jurisdiction over elections a statistical report related to absentee voting
in the most recent general election cycle. The statistics must be organized by county
and precinct, and include:
(1) the number of absentee ballots transmitted to voters;
(2) the number of absentee ballots returned by voters;
(3) the number of absentee ballots that were rejected, categorized by the reason
for rejection;
(4) the number of absentee ballots submitted pursuant to sections 203B.16 to
203B.27 , along with the number of returned ballots that were accepted, rejected, and
the reason for any rejections; and
(5) the number of absentee ballots that were not counted because the ballot return
envelope was received after the deadlines provided in this chapter.

    Sec. 16. Minnesota Statutes 2012, section 204B.04, is amended by adding a
subdivision to read:
    Subd. 4. Prohibition on multiple candidacy. A candidate who files an affidavit
of candidacy for an office to be elected at the general election may not subsequently file
another affidavit of candidacy for any other office to be elected on the date of that general
election.

    Sec. 17. Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:
    Subd. 2. Ballot boxes. Each polling place shall be provided with one ballot box for
each kind of 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. 18. Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:
    Subdivision 1. Minimum number required. (a) A minimum of four election
judges shall be appointed for each precinct, except as provided by subdivision 2 in the
state general election. In all other elections, a minimum of three election judges shall
be appointed for each precinct. In a combined polling place under section 204B.14,
subdivision 2 , at least one judge must be appointed from each municipality in the
combined polling place, provided that not less than three judges shall be appointed for
each combined polling place. The appointing authorities may appoint election judges for
any precinct in addition to the number required by this subdivision including additional
election judges to count ballots after voting has ended.
(b) An election judge may serve for all or part of election day, at the discretion of the
appointing authority, as long as the minimum number of judges required is always present.
The head election judge designated under section 204B.20 must serve for all of election day
and be present in the polling place unless another election judge has been designated by the
head election judge to perform the functions of the head election judge during any absence.

    Sec. 19. Minnesota Statutes 2012, section 204B.22, subdivision 2, is amended to read:
    Subd. 2. Exception. A minimum of three election judges shall be appointed in
precincts not using electronic voting equipment. One additional election judge shall
be appointed for each 150 votes cast in that precinct at the last similar election and in
precincts with fewer than 500 registered voters as of 14 weeks before the state primary.

    Sec. 20. Minnesota Statutes 2012, section 204B.28, subdivision 1, is amended to read:
    Subdivision 1. Meeting with election officials. At least 12 weeks before each
regularly scheduled town general election conducted in March, and at least 18 weeks
before all other general elections, each county auditor shall conduct a meeting or otherwise
communicate with local election officials to review the procedures for the election. The
county auditor may require the head election judges in the county to attend this meeting.

    Sec. 21. Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:
    Subdivision 1. Payment. (a) The secretary of state shall pay the compensation for
presidential electors, the cost of printing the pink paper ballots, and all necessary expenses
incurred by the secretary of state in connection with elections.
(b) The counties shall pay the compensation prescribed in section 204B.31, clauses
(b) and (c), the cost of printing the canary ballots, the white ballots, the pink state general
election ballots when machines are used, the state partisan primary ballots, and the
state and county nonpartisan primary ballots, all necessary expenses incurred by county
auditors in connection with elections, and the expenses of special county elections.
(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
for election judges and sergeants at arms, the cost of printing the municipal ballots,
providing ballot boxes, providing and equipping polling places and all necessary expenses
of the municipal clerks in connection with elections, except special county elections.
(d) The school districts shall pay the compensation prescribed for election judges
and sergeants-at-arms, the cost of printing the school district ballots, providing ballot
boxes, providing and equipping polling places and all necessary expenses of the school
district clerks in connection with school district elections not held in conjunction with
state elections. When school district elections are held in conjunction with state elections,
the school district shall pay the costs of printing the school district ballots, providing ballot
boxes and all necessary expenses of the school district clerk.
All disbursements under this section shall be presented, audited, and paid as in
the case of other public expenses.

    Sec. 22. Minnesota Statutes 2012, section 204B.33, is amended to read:
204B.33 NOTICE OF FILING.
(a) At least 15 16 weeks before the state primary, the secretary of state shall notify
each county auditor of the offices to be voted for in that county at the next state general
election for which candidates file with the secretary of state. The notice shall include
the time and place of filing for those offices. Within ten days after notification by the
secretary of state, each county auditor shall notify each municipal clerk in the county of
all the offices to be voted for in the county at that election and the time and place for
filing for those offices. The county auditors and municipal clerks shall promptly post a
copy of that notice in their offices.
(b) At least two weeks one week before the first day to file an affidavit of candidacy,
the county auditor shall publish a notice stating the first and last dates on which affidavits
of candidacy may be filed in the county auditor's office and the closing time for filing on
the last day for filing. The county auditor shall post a similar notice at least ten days before
the first day to file affidavits of candidacy.

    Sec. 23. Minnesota Statutes 2012, section 204B.35, subdivision 4, is amended to read:
    Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a
regularly scheduled an election for federal, state, county, city, or school board office
or a special election for federal office, and at least 30 days before any other election,
ballots necessary to fill applications of absentee voters shall be prepared and delivered to
the officials who administer the provisions of chapter 203B, except as provided in this
subdivision. Ballots necessary to fill applications of absentee voters for a town general
election held in March shall be prepared and delivered to the town clerk at least 30 days
before the election.
This section applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or wholly within
the school district.

    Sec. 24. Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:
    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
thickness to prevent the printing from being discernible from the back. All ballots of the
same color shall be substantially uniform in style of printing, size, thickness and shade of
color. When the ballots of a particular color vary in shade, those used in any one precinct
shall be of the same shade. All ballots shall be printed in easily readable type with suitable
lines dividing candidates, offices, instructions and other matter printed on ballots. The
name of each candidate shall be printed in capital letters. The same type shall be used for
the names of all candidates on the same ballot.

    Sec. 25. Minnesota Statutes 2012, 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 ten weeks prior to the election. Not more than 46 days nor later than
14 days before a regularly scheduled election for federal, state, county, city, or school
board office or a special election for federal office and not more than 30 days nor later
than 14 days before any other election, the auditor shall mail ballots by nonforwardable
mail to all voters registered in the town or unorganized territory. No later than 14 days
before the election, the auditor must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
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 auditor or clerk must appoint a ballot
board to examine the mail and absentee ballot return envelopes and mark them "accepted"
or "rejected" within three days of receipt if there are 14 or fewer days before election
day, or within five days of receipt if there are more than 14 days before election day.
The board may consist of staff trained as election judges who need not be affiliated with
a major political party. Election judges performing the duties in this section must be of
different major political parties, unless they are exempt from that requirement under
section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
least five days before the election, the ballots in the envelope must remain sealed and the
auditor or clerk shall provide the voter with a replacement ballot and return envelope in
place of the spoiled ballot. If the ballot is rejected within five days of the election, the
envelope must remain sealed and the official in charge of the ballot board must attempt to
contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the fourth day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported
as one vote total. No vote totals from mail or absentee ballots may be made public before
the close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

    Sec. 26. Minnesota Statutes 2012, section 204B.46, is amended to read:
204B.46 MAIL ELECTIONS; QUESTIONS.
    A county, municipality, or school district submitting questions to the voters at a
special election may conduct an election by mail with no polling place other than the office
of the auditor or clerk. No offices may be voted on at a mail election. Notice of the election
must be given to the county auditor at least 53 74 days prior to the election. This notice
shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail
ballot procedures must be posted at least six weeks prior to the election. Not more than 30
46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by
nonforwardable mail to all voters registered in the county, municipality, or school district.
No later than 14 days before the election, the auditor or clerk must make a subsequent
mailing of ballots to those voters who register to vote after the initial mailing but before
the 20th day before the election. Eligible voters not registered at the time the ballots are
mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint
a ballot board to examine the mail and absentee ballot return envelopes and mark them
"Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before
election day, or within five days of receipt if there are more than 14 days before election
day. The board may consist of staff trained as election judges who need not be affiliated
with a major political party. Election judges performing the duties in this section must be
of different major political parties, unless they are exempt from that requirement under
section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
least five days before the election, the ballots in the envelope must remain sealed and the
auditor or clerk must provide the voter with a replacement ballot and return envelope in
place of the spoiled ballot. If the ballot is rejected within five days of the election, the
envelope must remain sealed and the official in charge of the ballot board must attempt to
contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the fourth day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported
as one vote total. No vote totals from ballots may be made public before the close of
voting on election day.

    Sec. 27. Minnesota Statutes 2012, section 204C.14, is amended to read:
204C.14 UNLAWFUL VOTING; PENALTY.
No individual shall intentionally:
(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
a ballot box or attempting to vote by means of a voting machine or electronic voting system;
(b) vote more than once at the same election;
(c) put a ballot in a ballot box for any illegal purpose;
(d) give more than one ballot of the same kind and color to an election judge to
be placed in a ballot box;
(e) aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or
(f) aid, abet, counsel or procure another to do any act in violation of this section.
A violation of this section is a felony.

    Sec. 28. Minnesota Statutes 2012, section 204C.15, subdivision 1, is amended to read:
    Subdivision 1. Physical assistance in marking ballots. A voter who claims a need
for assistance because of inability to read English or physical inability to mark a ballot may
obtain the aid of two election judges who are members of different major political parties.
The election judges shall mark the ballots as directed by the voter and in as secret a manner
as circumstances permit. If the voter is deaf or cannot speak English or understand it when
it is spoken, the election judges may select two individuals who are members of different
major political parties to provide assistance. The individuals shall assist the voter in
marking the ballots. A voter in need of assistance may alternatively obtain the assistance of
any individual the voter chooses. Only the following persons may not provide assistance
to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of
the voter's union, or a candidate for election. The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
as directed by the voter. No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election. Before the ballots
are deposited, the voter may show them privately to an election judge to ascertain that they
are marked as the voter directed. An election judge or other individual assisting a voter
shall not in any manner request, persuade, induce, or attempt to persuade or induce the
voter to vote for any particular political party or candidate. The election judges or other
individuals who assist the voter shall not reveal to anyone the name of any candidate for
whom the voter has voted or anything that took place while assisting the voter.

    Sec. 29. Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:
    Subd. 2. Ballots; order of counting. Except as otherwise provided in this
subdivision, the ballot boxes shall be opened, the votes counted, and the total declared one
box at a time in the following order: the white box, the pink box, the canary box, the light
green box, the blue box, the buff box, the goldenrod box, the gray box, and then the other
kinds of ballots voted at the election. If enough election judges are available to provide
counting teams of four or more election judges for each box, more than one box may be
opened and counted at the same time. The election judges on each counting team shall be
evenly divided between the major political parties. The numbers entered on the summary
sheet shall not be considered final until the ballots in all the boxes have been counted and
corrections have been made if ballots have been deposited in the wrong boxes.

    Sec. 30. Minnesota Statutes 2012, section 204C.25, is amended to read:
204C.25 DISPOSITION OF BALLOTS.
After the count and the summary statements have been completed, in the presence
of all the election judges, the counted, defective, and blank ballots shall be placed in
envelopes marked or printed to distinguish the color of the ballots contained, and the
envelopes shall be sealed. The election judges shall sign each envelope over the sealed part
so that the envelope cannot be opened without disturbing the continuity of the signatures.
The number and kind of ballots in each envelope, the name of the town or city, and the
name of the precinct shall be plainly written upon the envelopes. The number and name of
the district must be plainly written on envelopes containing school district ballots. The
spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
to the county auditor or municipal or school district clerk from whom they were received.

    Sec. 31. Minnesota Statutes 2012, section 204C.27, is amended to read:
204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
One or more of the election judges in each precinct shall deliver two sets of
summary statements; all spoiled white, pink, canary, and gray ballots; and the envelopes
containing the white, pink, canary, and gray ballots either directly to the municipal clerk
for transmittal to the county auditor's office or directly to the county auditor's office as
soon as possible after the vote counting is completed but no later than 24 hours after the
end of the hours for voting. One or more election judges shall deliver the remaining set
of summary statements and returns, all unused and spoiled municipal and school district
ballots, the envelopes containing municipal and school district ballots, and all other things
furnished by the municipal or school district clerk, to the municipal or school district
clerk's office within 24 hours after the end of the hours for voting. The municipal or school
district clerk shall return all polling place rosters and completed voter registration cards to
the county auditor within 48 hours after the end of the hours for voting.

    Sec. 32. Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:
    Subd. 6. State and county nonpartisan primary ballot. The state and county
nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
Ballot." It shall be printed on canary paper in the manner provided in the rules of the
secretary of state. The names of candidates for nomination to the Supreme Court, Court of
Appeals, district court, and all county offices shall be placed on this ballot.
No candidate whose name is placed on the state and county nonpartisan primary
ballot shall be designated or identified as the candidate of any political party or in any
other manner except as expressly provided by law.

    Sec. 33. Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:
    Subd. 2. Sample ballot. At least two weeks 46 days before the state primary the
county auditor shall prepare a sample state partisan primary ballot and a sample state and
county nonpartisan primary ballot for each precinct for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state. The names of all of the
candidates to be voted for in the county shall be placed on the sample ballots, with the
names of the candidates for each office arranged in the base rotation as determined by
section 206.61, subdivision 5. Only one sample state partisan primary ballot and one
sample state and county nonpartisan ballot shall be prepared for any county. The county
auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall
cause them to be published at least one week before the state primary in at least one
newspaper of general circulation in the county.

    Sec. 34. Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:
    Subdivision 1. White State general election ballot; rules. The names of
the candidates for all partisan state and federal offices, all proposed constitutional
amendments, all county offices and questions, and all judicial offices voted on at the state
general election shall be placed on a single ballot printed on white paper which that shall
be known as the "white state general election ballot." This ballot shall be prepared by the
county auditor subject to the rules of the secretary of state. The secretary of state shall
adopt rules for preparation and time of delivery of the white state general election ballot.

    Sec. 35. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
    Subd. 4. Special federal white ballot. (a) The names of all candidates for the
offices of president and vice-president of the United States and senator and representative
in Congress shall be placed on a ballot printed on white paper which that shall be known
as the "special federal white ballot."
(b) This ballot shall be prepared by the county auditor in the same manner as
the white state general election ballot and shall be subject to the rules adopted by the
secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
United States Code, title 42, section 1973ff.
(c) The special federal white ballot shall be the only ballot sent to citizens of
the United States who are eligible to vote by absentee ballot for federal candidates in
Minnesota.

    Sec. 36. Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:
    Subd. 5. Ballot headings. The white, pink, and special federal white ballot
containing the offices and questions in subdivisions 1 and 4, shall be headed with the
words "State General Election Ballot." The canary ballot shall be headed with the words
"County and Judicial Nonpartisan General Election Ballot."

    Sec. 37. Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:
    Subd. 6. Gray Judicial ballot. When the canary ballot would be longer than 30
inches or when it would not be possible to place all offices on a single ballot card for the
state general election, the judicial offices that should be placed on the canary ballot may be
placed instead on a separate gray judicial ballot. The gray judicial ballot shall be prepared
by the county auditor in the manner provided in the rules of the secretary of state.
The gray judicial ballot must be headed with the words: "Judicial Nonpartisan
General Election Ballot." Separate ballot boxes must be provided for these gray judicial
ballots.

    Sec. 38. Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:
    Subd. 3. Nominees by petition; placement on ballot. The names of candidates
nominated by petition for a partisan office voted on at the state general election shall be
placed on the white state general election ballot after the names of the candidates for that
office who were nominated at the state primary. Prior to the state primary No later than
11 weeks before the state general election, the secretary of state shall determine by lot
the order of candidates nominated by petition. The drawing of lots must be by political
party or principle. The political party or political principle of the candidate as stated on
the petition shall be placed after the name of a candidate nominated by petition. The word
"nonpartisan" shall not be used to designate any partisan candidate whose name is placed
on the white state general election ballot by nominating petition.

    Sec. 39. Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:
    Subdivision 1. Rotation of names. The names of candidates for nonpartisan offices
on the canary state general election ballot and the judicial nonpartisan general election
ballot shall be rotated in the manner provided for rotation of names on state partisan
primary ballots by section 204D.08, subdivision 3.

    Sec. 40. Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:
    Subd. 3. Uncontested judicial offices. Judicial offices for a specific court for
which there is only one candidate filed must appear after all other judicial offices for that
same court on the canary ballot.

    Sec. 41. Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:
    Subd. 3. Sample pink ballot; constitutional amendments. Four weeks before the
state general election the secretary of state shall file sample copies of the pink ballot
portion of the state general election ballot that contains the proposed constitutional
amendments in the Secretary of State's Office for public inspection. Three weeks before
the state general election the secretary of state shall mail transmit sample copies of the
pink sample ballot to each county auditor. Each auditor shall post the sample ballot in a
conspicuous place in the auditor's office.

    Sec. 42. Minnesota Statutes 2012, section 204D.16, is amended to read:
204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.
Two weeks before the state general election the county auditor shall prepare sample
copies of the white and canary ballots and At least 46 days before the state general
election, the county auditor shall post copies of these sample ballots and a sample of the
pink ballot for each precinct in the auditor's office for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state. No earlier than 15 days
and no later than two days before the state general election the county auditor shall cause
the a sample white and canary ballots state general election ballot to be published in at
least one newspaper of general circulation in the county.

    Sec. 43. Minnesota Statutes 2012, section 204D.165, is amended to read:
204D.165 SAMPLE BALLOTS TO SCHOOLS.
Notwithstanding any contrary provisions in section 204D.09 or 204D.16, The county
auditor, two weeks before the applicable primary or general election, shall provide one
copy of the an appropriate sample partisan primary, nonpartisan primary, canary, white,
or pink ballot to a school district upon request. The school district may have the sample
ballots reproduced at its expense for classroom educational purposes and for educational
activities authorized under section 204B.27, subdivision 7.

    Sec. 44. Minnesota Statutes 2012, section 204D.19, subdivision 2, is amended to read:
    Subd. 2. Special election when legislature will be in session. Except for
vacancies in the legislature which occur at any time between the last day of session in an
odd-numbered year and the 40th day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so
that the individual elected as provided by this section could take office and exercise the
duties of the office immediately upon election, the governor shall issue within five days
after the vacancy occurs a writ calling for a special election. The special election shall
be held as soon as possible, consistent with the notice requirements of section 204D.22,
subdivision 3 , but in no event more than 35 days after the issuance of the writ. A special
election must not be held during the four days before or the four days after a holiday as
defined in section 645.44, subdivision 5.

    Sec. 45. Minnesota Statutes 2012, section 205.02, subdivision 2, is amended to read:
    Subd. 2. City elections. In all statutory and home rule charter cities, the primary,
general and special elections held for choosing city officials and deciding public questions
relating to the city shall be held as provided in this chapter, except that sections 205.065,
subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2
and subdivision 3, do not apply to a city whose charter provides the manner of holding
its primary, general or special elections.

    Sec. 46. Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:
    Subd. 3. Prohibition. No special election authorized under subdivision 1 may be
held within 40 56 days after the state general election.

    Sec. 47. Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:
    Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of
candidacy for a city office voted on in November must be filed no more than 84 days nor
less than 70 days before the city primary. In municipalities that do not hold a primary, an
affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
the municipal general election held in March in any year, or a special election not held in
conjunction with another election, and no more than 98 days nor less than 84 days before
the municipal general election held in November of any year. The municipal clerk's office
must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.

    Sec. 48. Minnesota Statutes 2012, section 205.13, is amended by adding a subdivision
to read:
    Subd. 7. Write-in candidates for city offices. The governing body of any city
may, by resolution, require that a candidate for a city office who wants write-in votes for
the candidate to be counted file a written request with the city clerk no later than the
seventh day before the general election. The filing officer shall provide copies of the
form to make the request.

    Sec. 49. Minnesota Statutes 2012, section 205.16, subdivision 4, is amended to read:
    Subd. 4. Notice to auditor. At least 67 74 days before every municipal election held
in conjunction with a regularly scheduled primary for federal, state, county, city, or school
board office or a special primary for federal office, at least 74 days before every municipal
election held in connection with a regularly scheduled general election for federal, state,
county, city, or school board office or a special election for federal office, and at least 53
days before any other 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.
At least 67 74 days before every municipal election held in conjunction with a regularly
scheduled primary for federal, state, county, city, or school board office or a special
primary for federal office, at least 74 days before a regularly scheduled general election for
federal, state, county, city, or school board office or a special election for federal office, and
at least 46 days before any other election, the municipal clerk must provide written notice
to the county auditor of any special election canceled under section 205.10, subdivision 6.

    Sec. 50. Minnesota Statutes 2012, section 205.16, subdivision 5, is amended to read:
    Subd. 5. Notice to secretary of state. At least 67 74 days before every municipal
election held in conjunction with a regularly scheduled primary for federal, state, county,
city, or school board office or a special primary for federal office, at least 74 days before
every municipal election held in conjunction with a regularly scheduled general election
for federal, state, county, city, or school board office or a special election for federal office,
and at least 46 days before any other 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. 51. Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:
    Subdivision 1. Second, third, and fourth class cities; towns Municipal offices;
questions; general election ballot. In all statutory and home rule charter cities of the
second, third, and fourth class, and in all towns, for the municipal general election, the
municipal clerk shall have printed on light green paper the official ballot containing the
names of all candidates for municipal offices and municipal ballot questions. The ballot
shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election
Ballot," shall state the name of the city or town and the date of the election, and shall
conform in other respects to the white ballot used at the state general election ballot. The
names shall be arranged on city ballots in the manner provided for the state elections. On
town ballots names of the candidates for each office shall be arranged either:
(1) alphabetically according to the candidates' surnames; or
(2) in the manner provided for state elections if the town electors chose at the town's
annual meeting to arrange the names in that way for at least two consecutive years.

    Sec. 52. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
    Subd. 3. Primary ballots. The municipal primary ballot in cities of the second,
third, and fourth class and towns and the nonpartisan primary ballot in cities of the first
class shall conform as far as practicable with the municipal general election ballot except
that it shall be printed on light green paper. No blank spaces shall be provided for writing
in the names of candidates. The partisan primary ballot in cities of the first class shall
conform as far as practicable with the state partisan primary ballot.

    Sec. 53. Minnesota Statutes 2012, section 205A.04, is amended by adding a
subdivision to read:
    Subd. 3. Change in year of general election. The school board may, by resolution,
change the year in which the school district general election will be held. The resolution
must be approved no later than four weeks before the first day to file affidavits of
candidacy for the general election. A plan for the orderly transition to the new election
year must be included in the resolution. The terms of school board members may be
lengthened or shortened by one year as a part of the transition process.

    Sec. 54. Minnesota Statutes 2012, 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 filed with the school board of 50 or more voters of
the school district or five percent of the number of voters voting at the preceding school
district general election, whichever is greater, 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. A special
election may not be held during the 30 56 days before and the 30 56 days after the state a
regularly scheduled primary, during the 30 days before and the 40 days after the state or
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 conducted wholly
or partially within the school district. Notwithstanding any other law to the contrary, the
time period in which a special election must be conducted under any other law may be
extended by the school board to conform with the requirements of this subdivision.

    Sec. 55. Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:
    Subd. 2. Vacancies in school district offices. Special elections shall be held in
school districts in conjunction with school district primary and general elections to fill
vacancies in elective school district offices. When more than one vacancy exists in an
office elected at-large, voters must be instructed to vote for up to the number of vacancies
to be filled.

    Sec. 56. Minnesota Statutes 2012, section 205A.06, is amended by adding a
subdivision to read:
    Subd. 6. Write-in candidates. The governing body of any school district may, by
resolution, require that a candidate for school district office who wants write-in votes
for the candidate to be counted file a written request with the filing office for the office
sought no later than the seventh day before the general election. The filing officer shall
provide copies of the form to make the request.

    Sec. 57. Minnesota Statutes 2012, section 205A.07, subdivision 3, is amended to read:
    Subd. 3. Notice to auditor. At least 67 74 days before every school district election
held in conjunction with a regularly scheduled primary for federal, state, county, city, or
school board office or a special primary for federal office, at least 74 days before every
school district election held in conjunction with a regularly scheduled general election for
federal, state, county, city, or school board office or a special election for federal office,
and at least 53 days before any other 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 before receipt of a
review and comment from the commissioner of education and before actual initiation of
the election. At least 67 74 days before every school district election held in conjunction
with a regularly scheduled primary for federal, state, county, city, or school board office or
a special primary for federal office, at least 74 days before an election held in conjunction
with a regularly scheduled general election for federal, state, county, city, or school board
office or a special election for federal office, and at least 46 days before any other election,
the school district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.

    Sec. 58. Minnesota Statutes 2012, section 205A.07, subdivision 3a, is amended to read:
    Subd. 3a. Notice to commissioner of education. At least 67 74 days before every
school district election held in conjunction with a regularly scheduled primary for federal,
state, county, city, or school board office or a special primary for federal office, at least 74
days before every school district election held in conjunction with a regularly scheduled
general election for federal, state, county, city, or school board office or a special election
for federal office, and at least 49 days before any other school district election, under
section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall
provide a written notice to the commissioner of education. The notice must include the
date of the election and the title and language for each ballot question to be voted on at the
election. At least 67 74 days before every school district election held in conjunction with
a regularly scheduled primary for federal, state, county, city, or school board office or a
special primary for federal office, at least 74 days before every school district election
held in conjunction with a regularly scheduled general election for federal, state, county,
city, or school board office or a special election for federal office, and at least 46 days
before any other school district election, the school district clerk must provide a written
notice to the commissioner of education of any special election canceled under section
205A.05, subdivision 3 . The certified vote totals for each ballot question shall be provided
in a written notice to the commissioner in a timely manner.

    Sec. 59. Minnesota Statutes 2012, section 205A.07, subdivision 3b, is amended to read:
    Subd. 3b. Notice to secretary of state. At least 67 74 days before every school
district election held in conjunction with a regularly scheduled primary for federal, state,
county, city, or school board office or a special primary for federal office, at least 74
days before every school district election held in conjunction with a regularly scheduled
general election for federal, state, county, city, or school board office or a special election
for federal office, and at least 46 days before any other 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. 60. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
    Subdivision 1. Buff General election ballot. The names of all candidates for offices
and all ballot questions to be voted on at a school district general election must be placed
on a single ballot printed on buff paper and known as the "buff ballot.".

    Sec. 61. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
    Subd. 4. Order of candidates. On the "State Partisan Primary Ballot" prepared for
primary elections, and on the white state general election ballot prepared for the general
election, the order of the names of nominees or names of candidates for election shall be
the same as required for paper ballots. More than one column or row may be used for the
same office or party. Electronic ballot display and audio ballot readers must conform to
the candidate order on the optical scan ballot used in the precinct.

    Sec. 62. Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:
    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.
    At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
considered one precinct eligible to be selected for purposes of this subdivision. The county
canvassing board of a county with fewer than 50,000 registered voters must conduct a
postelection review of a total of at least two precincts. The county canvassing board of a
county with between 50,000 and 100,000 registered voters must conduct a review of a total
of at least three precincts. The county canvassing board of a county with over 100,000
registered voters must conduct a review of a total of at least four precincts, or three percent
of the total number of precincts in the county, whichever is greater. At least one precinct
selected in each county must have had more than 150 votes cast at the general election.
    The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.

    Sec. 63. Minnesota Statutes 2012, section 206.89, subdivision 3, is amended to read:
    Subd. 3. Scope and conduct of review. The county canvassing board shall appoint
the postelection review official as defined in subdivision 1. The postelection review must
be conducted of the votes cast for president or governor; United States senator; and United
States representative. The postelection review official may conduct postelection review of
the votes cast for additional offices.
The postelection review must be conducted in public at the location where the
voted ballots have been securely stored after the state general election or at another
location chosen by the county canvassing board. The postelection review official for
each precinct selected must conduct the postelection review and may be assisted by
election judges designated by the postelection review official for this purpose. The party
balance requirement of section 204B.19 applies to election judges designated for the
review. The postelection review must consist of a manual count of the ballots used in the
precincts selected and must be performed in the manner provided by section 204C.21.
The postelection review must be conducted in the manner provided for recounts under
section 204C.361 to the extent practicable. The review must be completed no later
than two days before the meeting of the state canvassing board to certify the results of
the state general election.

    Sec. 64. Minnesota Statutes 2012, section 206.895, is amended to read:
206.895 SECRETARY OF STATE MONITOR.
The secretary of state must monitor and evaluate election procedures in precincts
subject to the audit provided for in section 206.89 in at least four precincts one precinct in
each congressional district. The precincts must be chosen by lot by the State Canvassing
Board at its meeting to canvass the state general election.

    Sec. 65. Minnesota Statutes 2012, 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. In state elections, a single ballot title must be used, as provided
in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
when both municipal and school district offices or questions appear on the ballot, the
single ballot title "City (or Town) and School District Ballot" must be used.
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. Electronic ballot displays and audio
ballot readers must follow the order of offices and questions on the optical scan or paper
ballot used in the same precinct, or the sample ballot posted for that precinct.

    Sec. 66. Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:
    Subdivision 1. Form of presidential ballots. When presidential electors and
alternates are to be voted for, a vote cast for the party candidates for president and vice
president shall be deemed a vote for that party's electors and alternates as filed with the
secretary of state. The secretary of state shall certify the names of all duly nominated
presidential and vice presidential candidates to the county auditors of the counties of
the state. Each county auditor, subject to the rules of the secretary of state, shall cause
the names of the candidates of each major political party and the candidates nominated
by petition to be printed in capital letters, set in type of the same size and style as for
candidates on the state white general election ballot, before the party designation. To the
left of, and on the same line with the names of the candidates for president and vice
president, near the margin, shall be placed a square or box, in which the voters may
indicate their choice by marking an "X."
The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. The state ballot, with
the required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.

    Sec. 67. Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:
    Subd. 2. Applicable rules. The rules for preparation, state contribution to the cost
of printing, and delivery of presidential ballots are the same as the rules for white state
general election ballots under section 204D.11, subdivision 1.

    Sec. 68. Minnesota Statutes 2012, section 211B.045, is amended to read:
211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
In any municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs, All noncommercial signs of any size may be
posted in any number from beginning 46 days before the state primary in a state general
election year until ten days following the state general election. Municipal ordinances
may regulate the size and number of noncommercial signs at other times.

    Sec. 69. Minnesota Statutes 2012, section 211B.37, is amended to read:
211B.37 COSTS ASSESSED.
Except as otherwise provided in section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under
section 211B.32 as provided in this section. Costs of complaints relating to a statewide
ballot question or an election for a statewide or legislative office must be assessed against
the appropriation from the general fund to the general account of the state elections
campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
other ballot question or elective office must be assessed against the county or counties in
which the election is held. Where the election is held in more than one county, the chief
administrative law judge shall apportion the assessment among the counties in proportion
to their respective populations within the election district to which the complaint relates
according to the most recent decennial federal census paid from appropriations to the
office for this purpose.

    Sec. 70. Minnesota Statutes 2012, section 340A.416, subdivision 2, is amended to read:
    Subd. 2. Ballot question. The form of the question of the referendum under this
section must be on a separate ballot and must allow the voters to vote either "for license"
or "against license." either "Shall the city issue ... intoxicating liquor licenses?" or "Shall
the city discontinue issuing intoxicating liquor licenses?".

    Sec. 71. Minnesota Statutes 2012, section 340A.416, subdivision 3, is amended to read:
    Subd. 3. Effect of election results. If a majority of persons voting on the
referendum question vote "against license," to discontinue issuing licenses, the city may
not issue intoxicating liquor licenses until the results of the referendum have been reversed
at a subsequent election where the question has been submitted as provided in this section.

    Sec. 72. Minnesota Statutes 2012, section 340A.602, is amended to read:
340A.602 CONTINUATION.
In any city in which the report of the operations of a municipal liquor store has
shown a net loss prior to interfund transfer in any two of three consecutive years, the
city council shall, not more than 45 days prior to the end of the fiscal year following
the three-year period, hold a public hearing on the question of whether the city shall
continue to operate a municipal liquor store. Two weeks' notice, written in clear and easily
understandable language, of the hearing must be printed in the city's official newspaper.
Following the hearing the city council may on its own motion or shall upon petition of five
percent or more of the registered voters of the city, submit to the voters at a general or
special municipal election the question of whether the city shall continue or discontinue
municipal liquor store operations by a date which the city council shall designate. The
date designated by the city council must not be more than 30 months following the date
of the election. The form of the question shall be: "Shall the city of (name) discontinue
operating the municipal liquor store on (Month xx, 2xxx)?".

    Sec. 73. Minnesota Statutes 2012, 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 Shall (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 74 days 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. 74. Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:
    Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law
applies to hospital district elections, as far as practicable. Regular elections must be held
in each hospital district at the same time, in the same election precincts, and at the same
polling places as general elections of state and county officers. It may establish the whole
district as a single election precinct or establish two or more different election precincts and
polling places for the elections. If there is more than one precinct, the boundaries of the
election precincts and the locations of the polling places must be defined in the notice of
election, either in full or by reference to a description or map on file in the office of the clerk.
Special elections may be called by the hospital board to vote on any matter required
by law to be submitted to the voters. A special election may not be conducted either
during the 30 56 days before and the 30 days after the state or the 56 days after a regularly
scheduled primary or state general election, or during the 20 days before and the 20 days
after the regularly scheduled election of any municipality conducted wholly or partially
within the hospital district. Special elections must be held within the election precinct or
precincts and at the polling place or places designated by the board. In the case of the
first election of officers of a new district, precincts and polling places must be set by the
governing body of the most populous city or town included in the district.
Advisory ballots may be submitted by the hospital board on any question it wishes,
concerning the affairs of the district, but only at a regular election or at a special election
required for another purpose.

    Sec. 75. Minnesota Statutes 2012, 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 74 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 immediately 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 two weeks 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. 76. Minnesota Statutes 2012, 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 91 98 days
nor less than 77 84 days before the first Tuesday after the first Monday in November 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.
The governing body of any hospital district may, by resolution, require that a
candidate for hospital district office who wants write-in votes for the candidate to be
counted file a written request with the filing officer for the office sought no later than the
seventh day before the general election. The filing officer shall provide copies of the
form to make the request.
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. 77. Laws 1963, chapter 276, section 2, subdivision 2, as amended by Laws 1992,
chapter 534, section 1, is amended to read:
    Subd. 2. One third of the members of the first hospital board shall be appointed for a
term to expire one year from December 31 next following such appointment, one third
for a term to expire two years from such date, and one third for a term to expire three
years from such date. Successors to the original board members shall each be elected for
terms of three years, and all members shall hold office until their successors are elected
and qualify. Terms of all members shall expire on December 31. In case of a vacancy
on the hospital board, whether due to death, removal from the district, inability to serve,
resignation, or other cause the majority of the remaining members of the hospital board,
at its next regular or special meeting, shall make an appointment to fill such vacancy for
the then unexpired term. The election of successors to the original board members shall
be elected by popular vote of the qualified voters in the hospital district. Hospital board
elections shall be conducted as provided in Minnesota Statutes, section 447.32. The
hospital board shall, by resolution, adopt a plan for the orderly transition to the new
election schedule. The resolution must be approved no later than four weeks before the
first day to file affidavits of candidacy for the general election. The terms of school board
members may be lengthened or shortened by one year as a part of the transition process.

    Sec. 78. REPEALER.
Minnesota Statutes 2012, sections 204B.42; 204D.11, subdivisions 2 and 3; 205.17,
subdivisions 2 and 4; and 205A.08, subdivision 4, are repealed.