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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html

1.1A bill for an act
1.2relating to elections; modifying election procedures; modifying election
1.3administration; modifying ballot formatting; adjusting timelines;amending
1.4Minnesota Statutes 2012, sections 103C.225, subdivision 3; 103C.305,
1.5subdivision 3; 201.071, subdivision 2; 201.091, subdivision 8; 201.12,
1.6subdivision 3; 201.13, subdivision 1a; 201.14; 202A.14, subdivision 1; 203B.05,
1.7subdivision 1; 203B.08, subdivision 3; 203B.081; 203B.121, subdivisions 2, 5;
1.8203B.227; 203B.28; 204B.04, by adding a subdivision; 204B.14, subdivision
1.94; 204B.18, subdivision 2; 204B.22, subdivisions 1, 2; 204B.28, subdivision 1;
1.10204B.32, subdivision 1; 204B.33; 204B.34, by adding a subdivision; 204B.35,
1.11subdivision 4; 204B.36, subdivision 1; 204B.45, subdivision 2; 204B.46;
1.12204C.14; 204C.15, subdivision 1; 204C.19, subdivision 2; 204C.25; 204C.27;
1.13204D.08, subdivision 6; 204D.09, subdivision 2; 204D.11, subdivisions 1, 4, 5,
1.146; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3; 204D.15, subdivision 3;
1.15204D.16; 204D.165; 204D.19, subdivision 2; 205.02, subdivision 2; 205.10,
1.16subdivision 3; 205.13, subdivision 1a, by adding a subdivision; 205.16,
1.17subdivisions 1, 4, 5; 205.17, subdivisions 1, 3; 205A.04, by adding a subdivision;
1.18205A.05, subdivisions 1, 2; 205A.06, by adding a subdivision; 205A.07,
1.19subdivisions 1, 3, 3a, 3b; 205A.08, subdivision 1; 206.61, subdivision 4; 206.89,
1.20subdivisions 2, 3; 206.895; 206.90, subdivision 6; 208.04, subdivisions 1, 2;
1.21211B.045; 211B.37; 340A.416, subdivisions 2, 3; 340A.602; 375.20; 447.32,
1.22subdivisions 2, 3, 4; Laws 1963, chapter 276, section 2, subdivision 2, as
1.23amended; repealing Minnesota Statutes 2012, sections 204B.42; 204D.11,
1.24subdivisions 2, 3; 205.16, subdivision 2; 205.17, subdivisions 2, 4; 205A.08,
1.25subdivision 4.
1.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.27    Section 1. Minnesota Statutes 2012, section 103C.225, subdivision 3, is amended to
1.28read:
1.29    Subd. 3. Referendum. (a) Within 60 days after the petition is received by the state
1.30board, it shall give due notice of the holding of a referendum, schedule the referendum at
1.31the next general election, and cooperate with county election officials to accomplish the
1.32election in the most expedient manner. Upon receipt of a petition, the state board shall
2.1provide written notice to the secretary of state and the county auditor of each county in
2.2which the district is located no later than 74 days before the state general election. The
2.3notice must include the date of the election and the title and text of the question to be
2.4placed on the ballot. Prior to the referendum, the state board shall facilitate the preparation
2.5of a plan to continue the administration of the powers, duties, and responsibilities of the
2.6district, including the functions of the district board.
2.7(b) The question shall be submitted by ballots, upon which the words "For terminating
2.8the existence of appear on the ballot in the following form: "Shall the .................. (name
2.9of the soil and water conservation district to be here inserted)" and "Against terminating
2.10the existence of the .................. (name of the soil and water conservation district to be here
2.11inserted)" shall be printed, with a square before each proposition and a direction to insert
2.12an X mark in the square before one or the other be terminated?".
2.13(c) Only eligible voters in the district may vote in the referendum.
2.14(d) Informalities in the conduct of the referendum or matters relating to the
2.15referendum do not invalidate the referendum, or result of the referendum, if due notice has
2.16been given and the referendum has been fairly conducted.
2.17(e) The state board shall publish the result of the referendum.

2.18    Sec. 2. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
2.19    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
2.20candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision
2.213
state general election ballot. The office title printed on the ballot must be either "Soil
2.22and Water Conservation District Supervisor" or "Conservation District Supervisor," based
2.23upon the district from which the supervisor is to be elected.

2.24    Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
2.25    Subd. 2. Instructions. A registration application shall be accompanied by
2.26instructions specifying the manner and method of registration, the qualifications for
2.27voting, the penalties for false registration, and the availability of registration and voting
2.28assistance for elderly and disabled individuals and residents of health care facilities and
2.29hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
2.30driver's license or identification card, the last four digits of the voter's Social Security
2.31number must be provided, unless the voter does not have a Social Security number. If,
2.32prior to election day, a person requests the instructions in Braille, on cassette tape audio
2.33format, or in a version printed in 16-point bold type with 24-point leading, the county
3.1auditor shall provide them in the form requested. The secretary of state shall prepare
3.2Braille and cassette audio copies and make them available.

3.3    Sec. 4. Minnesota Statutes 2012, section 201.091, subdivision 8, is amended to read:
3.4    Subd. 8. Registration places. Each county auditor shall designate a number of
3.5public buildings in those political subdivisions of the county where preregistration of
3.6voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
3.7register to vote. At least one public building must be designated for each 30,000 residents
3.8of the county. At least one telecommunications device for the deaf must be available for
3.9voter registration information in each county seat and in every city of the first, second,
3.10and third class.
3.11    An adequate supply of registration applications and instructions must be maintained
3.12at each designated location, and a designated individual must be available there to accept
3.13registration applications and transmit them to the county auditor.
3.14    A person who, because of disability, needs assistance in order to determine eligibility
3.15or to register must be assisted by a designated individual. Assistance includes but is not
3.16limited to reading the registration form and instructions and filling out the registration
3.17form as directed by the eligible voter.

3.18    Sec. 5. Minnesota Statutes 2012, section 201.12, subdivision 3, is amended to read:
3.19    Subd. 3. Moved out of state. If any nonforwardable mailing from an election
3.20official is returned as undeliverable but with a permanent forwarding address outside this
3.21state, the county auditor shall promptly mail to the voter at the voter's new address a notice
3.22advising the voter that the voter's status in the statewide voter registration system will be
3.23changed to "inactive" unless the voter notifies the county auditor within 21 days that the
3.24voter is retaining the former address as the voter's address of residence. If the voter's
3.25record is challenged due to a felony conviction, lack of United States citizenship, legal
3.26incompetence, or court-ordered revocation of voting rights of persons under guardianship,
3.27the county auditor must not mail this notice. If the notice is not received by the deadline,
3.28the county auditor shall change the voter's status to "inactive" in the statewide voter
3.29registration system.

3.30    Sec. 6. Minnesota Statutes 2012, section 201.13, subdivision 1a, is amended to read:
3.31    Subd. 1a. Social Security Administration; other reports of deceased residents.
3.32The secretary of state shall may determine if any of the persons listed on the Social
3.33Security Death Index or reported as deceased by the vital records department of another
4.1state are registered to vote and prepare a list of those registrants for each county auditor.
4.2The county auditor shall change the status of those registrants to "deceased" in the
4.3statewide voter registration system.

4.4    Sec. 7. Minnesota Statutes 2012, section 201.14, is amended to read:
4.5201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
4.6CHANGES OF NAMES.
4.7The state court administrator shall regularly report by electronic means to the
4.8secretary of state the name, address, and, if available, driver's license or state identification
4.9card number of each individual, 18 years of age or over, whose name was changed since
4.10the last report, by marriage, divorce, or any order or decree of the court. The secretary of
4.11state shall determine if any of the persons in the report are registered to vote under their
4.12previous name and shall prepare a list of those registrants for each county auditor. Upon
4.13receipt of the list, the county auditor shall make the change in the voter's record and mail
4.14to the voter the notice of registration required by section 201.121, subdivision 2. A notice
4.15must not be mailed if the voter's record is challenged due to a felony conviction, lack of
4.16United States citizenship, legal incompetence, or court-ordered revocation of voting rights
4.17of persons under guardianship.

4.18    Sec. 8. Minnesota Statutes 2012, section 202A.14, subdivision 1, is amended to read:
4.19    Subdivision 1. Time and manner of holding; postponement. (a) In every state
4.20general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph
4.21(b), there shall be held for every election precinct a party caucus in the manner provided
4.22in sections 202A.14 to 202A.19.
4.23    (b)(1) The chairs of the two largest major political parties shall jointly submit to
4.24the secretary of state, no later than March 1 of each odd-numbered year, the single date
4.25on which the two parties have agreed to conduct their precinct caucuses in the next
4.26even-numbered year.
4.27    (2) On March 1 of each odd-numbered year Within two business days after the
4.28parties have agreed on a single date on which to conduct their precinct caucuses, the
4.29secretary of state shall publicly announce the official state precinct caucus date for the
4.30following general election year.
4.31    (3) If the chairs of the two largest major political parties do not jointly submit a
4.32single date for conducting their precinct caucuses as provided in this paragraph, then
4.33for purposes of the next general election year, the first Tuesday in February shall be
5.1considered the day of a major political party precinct caucus and sections 202A.19 and
5.2202A.192 shall only apply on that date.
5.3    (4) For purposes of this paragraph, the two largest major political parties shall be the
5.4parties whose candidates for governor received the greatest and second greatest number of
5.5votes at the most recent gubernatorial election.
5.6    (c) In the event of severe weather a major political party may request the secretary of
5.7state to postpone caucuses. If a major political party makes a request, or upon the secretary
5.8of state's own initiative, after consultation with all major political parties and on the advice
5.9of the federal Weather Bureau and the Department of Transportation, the secretary of state
5.10may declare precinct caucuses to be postponed for a week in counties where weather
5.11makes travel especially dangerous. The secretary of state shall submit a notice of the
5.12postponement to news media covering the affected counties by 6:00 p.m. on the scheduled
5.13day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision.

5.14    Sec. 9. Minnesota Statutes 2012, section 203B.05, subdivision 1, is amended to read:
5.15    Subdivision 1. Generally. The full-time clerk of any city or town shall administer
5.16the provisions of sections 203B.04 to 203B.15 if:
5.17(1) the county auditor of that county has designated the clerk to administer them; or
5.18(2) the clerk has given the county auditor of that county notice of intention to
5.19administer them.
5.20The designation or notice must specify whether the clerk will be responsible for the
5.21administration of a ballot board as provided in section 203B.121.
5.22A clerk of a city that is located in more than one county may only administer the
5.23provisions of sections 203B.04 to 203B.15 if the clerk has been designated by each of
5.24the county auditors or has provided notice to each of the county auditors that the city will
5.25administer absentee voting. A clerk may only administer the provisions of sections 203B.04
5.26to 203B.15 if the clerk has technical capacity to access the statewide voter registration
5.27system in the secure manner prescribed by the secretary of state. The secretary of state
5.28must identify hardware, software, security, or other technical prerequisites necessary to
5.29ensure the security, access controls, and performance of the statewide voter registration
5.30system. A clerk must receive training approved by the secretary of state on the use of the
5.31statewide voter registration system before administering this section. A clerk may not use
5.32the statewide voter registration system until the clerk has received the required training.
5.33 The county auditor must notify the secretary of state of any municipal clerk who will be
5.34administering the provisions of this section and the duties that the clerk will administer.

6.1    Sec. 10. Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read:
6.2    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
6.3county auditor or municipal clerk, that official shall stamp or initial and date the return
6.4envelope and place it in a secure location with other return envelopes received by that
6.5office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
6.6the ballot board all ballots received, except that during the 14 days immediately preceding
6.7an election, the county auditor or municipal clerk shall deliver all ballots received to
6.8the ballot board within three days. Ballots received on election day either (1) after 3:00
6.9p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
6.10method, shall be marked as received late by the county auditor or municipal clerk, and
6.11must not be delivered to the ballot board.

6.12    Sec. 11. Minnesota Statutes 2012, section 203B.081, is amended to read:
6.13203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
6.14    An eligible voter may vote by absentee ballot in the office of the county auditor and
6.15at any other polling place designated by the county auditor during the 46 days before: the
6.16election, except as provided in this subdivision.
6.17(1) a regularly scheduled election for federal, state, county, city, or school board
6.18office;
6.19(2) a special election for a federal or county office; and
6.20(3) an election held in conjunction with an election described in clauses (1) and (2),
6.21    and Voters casting absentee ballots in person for a town election held in March may
6.22do so during the 30 days before any other the election. The county auditor shall make
6.23such designations at least 14 weeks before the election. At least one voting booth in each
6.24polling place must be made available by the county auditor for this purpose. The county
6.25auditor must also make available at least one electronic ballot marker in each polling place
6.26that has implemented a voting system that is accessible for individuals with disabilities
6.27pursuant to section 206.57, subdivision 5.

6.28    Sec. 12. Minnesota Statutes 2012, section 203B.121, subdivision 2, is amended to read:
6.29    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
6.30board shall take possession of all return envelopes delivered to them in accordance with
6.31section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
6.32clerk, two or more members of the ballot board shall examine each return envelope and shall
6.33mark it accepted or rejected in the manner provided in this subdivision. Election judges
6.34performing the duties in this section must be of different major political parties, unless they
7.1are staff of the county auditor, municipal clerk, or school district clerk, or are exempt from
7.2that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.
7.3(b) The members of the ballot board shall mark the return envelope "Accepted" and
7.4initial or sign the return envelope below the word "Accepted" if a majority of the members
7.5of the ballot board examining the envelope are satisfied that:
7.6(1) the voter's name and address on the return envelope are the same as the
7.7information provided on the absentee ballot application;
7.8(2) the voter signed the certification on the envelope;
7.9(3) the voter's Minnesota driver's license, state identification number, or the last four
7.10digits of the voter's Social Security number are the same as the number provided on the
7.11voter's application for ballots. If the number does not match the number as submitted on
7.12the application, or if a number was not submitted on the application, the election judges
7.13must compare the signature provided by the applicant to determine whether the ballots
7.14were returned by the same person to whom they were transmitted;
7.15(4) the voter is registered and eligible to vote in the precinct or has included a
7.16properly completed voter registration application in the return envelope;
7.17(5) the certificate has been completed as prescribed in the directions for casting an
7.18absentee ballot; and
7.19(6) the voter has not already voted at that election, either in person or, if it is after the
7.20close of business on the fourth day before the election, by absentee ballot.
7.21The return envelope from accepted ballots must be preserved and returned to the
7.22county auditor.
7.23(c)(1) If a majority of the members of the ballot board examining a return envelope
7.24find that an absentee voter has failed to meet one of the requirements provided in
7.25paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
7.26word "Rejected," list the reason for the rejection on the envelope, and return it to the
7.27county auditor. There is no other reason for rejecting an absentee ballot beyond those
7.28permitted by this section. Failure to place the ballot within the security envelope before
7.29placing it in the outer white envelope is not a reason to reject an absentee ballot.
7.30(2) If an envelope has been rejected at least five days before the election, the
7.31envelope must remain sealed and the official in charge of the ballot board shall provide the
7.32voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
7.33(3) If an envelope is rejected within five days of the election, the envelope must
7.34remain sealed and the official in charge of the ballot board must attempt to contact the
7.35voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
7.36The official must document the attempts made to contact the voter.
8.1(d) The official in charge of the absentee ballot board must mail the voter a written
8.2notice of absentee ballot rejection between six and ten weeks following the election. If the
8.3official determines that the voter has otherwise cast a ballot in the election, no notice is
8.4required. If an absentee ballot arrives after the deadline for submission provided by this
8.5chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
8.6notice of absentee ballot rejection must contain the following information:
8.7(1) the date on which the absentee ballot was rejected or, if the ballot was received
8.8after the required deadline for submission, the date on which the ballot was received;
8.9(2) the reason for rejection; and
8.10(3) the name of the appropriate election official to whom the voter may direct further
8.11questions, along with appropriate contact information.
8.12(e) An absentee ballot return envelope marked "Rejected" may not be opened or
8.13subject to further review except in an election contest filed pursuant to chapter 209.

8.14    Sec. 13. Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read:
8.15    Subd. 5. Storage and counting of absentee ballots. (a) On a day on which absentee
8.16ballots are inserted into a ballot box, two members of the ballot board must:
8.17(1) remove the ballots from the ballot box at the end of the day;
8.18(2) without inspecting the ballots, ensure that the number of ballots removed from
8.19the ballot box is equal to the number of voters whose absentee ballots were accepted
8.20that day; and
8.21(3) seal and secure all voted and unvoted ballots present in that location at the end
8.22of the day.
8.23(b) After the polls have closed on election day, two members of the ballot board
8.24must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
8.25and the total votes cast for each candidate or question. In state primary and state general
8.26elections, the results must indicate the total votes cast for each candidate or question in each
8.27precinct and report the vote totals tabulated for each precinct. The count shall be public.
8.28No vote totals from ballots may be made public before the close of voting on election day
8.29 must be recorded on a summary statement in substantially the same format as provided in
8.30section 204C.26. The ballot board shall submit at least one completed summary statement
8.31to the county auditor or municipal clerk. The county auditor or municipal clerk may
8.32require the ballot board to submit a sufficient number of completed summary statements to
8.33comply with the provisions of section 204C.27, or the county auditor or municipal clerk
8.34may certify reports containing the details of the ballot board summary statement to the
8.35recipients of the summary statements designated in section 204C.27.
9.1In state primary and state general elections, these vote totals shall be added to the
9.2vote totals on the summary statements of the returns for the appropriate precinct. In other
9.3elections, these vote totals may be added to the vote totals on the summary statement of
9.4returns for the appropriate precinct or may be reported as a separate total.
9.5The count shall be public. No vote totals from ballots may be made public before the
9.6close of voting on election day.
9.7(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
9.8completed previously, the members of the ballot board must verify as soon as possible, but
9.9no later than 24 hours after the end of the hours for voting, that voters whose absentee
9.10ballots arrived after the rosters were marked or supplemental reports were generated
9.11and whose ballots were accepted did not vote in person on election day. An absentee
9.12ballot submitted by a voter who has voted in person on election day must be rejected. All
9.13other accepted absentee ballots must be opened, duplicated if necessary, and counted by
9.14members of the ballot board. The vote totals from these ballots must be incorporated into
9.15the totals with the other absentee ballots and handled according to paragraph (b).

9.16    Sec. 14. Minnesota Statutes 2012, section 203B.227, is amended to read:
9.17203B.227 WRITE-IN ABSENTEE BALLOT.
9.18    (a) A voter described in section 203B.16, subdivision 1, may use a state write-in
9.19absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local
9.20election. In a state or local election, a vote for a political party without specifying the
9.21name of a candidate must not be counted.
9.22(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post
9.23Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter
9.24registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card
9.25Application. If the voter has not already voted and the accompanying certificate is properly
9.26completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

9.27    Sec. 15. Minnesota Statutes 2012, section 203B.28, is amended to read:
9.28203B.28 POSTELECTION REPORT TO LEGISLATURE.
9.29By March 1, 2011, and by January 15 of every odd-numbered year thereafter, the
9.30secretary of state shall provide to the chair and ranking minority members of the legislative
9.31committees with jurisdiction over elections a statistical report related to absentee voting
9.32in the most recent general election cycle. The statistics must be organized by county
9.33and precinct, and include:
9.34(1) the number of absentee ballots transmitted to voters;
10.1(2) the number of absentee ballots returned by voters;
10.2(3) the number of absentee ballots that were rejected, categorized by the reason
10.3for rejection;
10.4(4) the number of absentee ballots submitted pursuant to sections 203B.16 to
10.5203B.27 , along with the number of returned ballots that were accepted, rejected, and
10.6the reason for any rejections; and
10.7(5) the number of absentee ballots that were not counted because the ballot return
10.8envelope was received after the deadlines provided in this chapter.

10.9    Sec. 16. Minnesota Statutes 2012, section 204B.04, is amended by adding a
10.10subdivision to read:
10.11    Subd. 4. Prohibition on multiple candidacy. A candidate who files an affidavit
10.12of candidacy for an office to be elected at the general election may not subsequently file
10.13another affidavit of candidacy for any other office to be elected on the date of that general
10.14election.

10.15    Sec. 17. Minnesota Statutes 2012, section 204B.14, subdivision 4, is amended to read:
10.16    Subd. 4. Boundary change procedure. Any change in the boundary of an election
10.17precinct must be adopted at least ten weeks before the date of the next election and, for
10.18the state primary and general election, no later than June 1 in the year of the state general
10.19election. The precinct boundary change shall not take effect until notice of the change has
10.20been posted in the office of the municipal clerk or county auditor for at least 56 days.
10.21The county auditor must publish a notice to the voters that includes the telephone
10.22number and e-mail address for the county auditor's office and the address of the Web
10.23site where maps illustrating or describing the congressional, legislative, and county
10.24commissioner district boundaries in the county may be examined. This notice must be
10.25published in one or more qualified newspapers in the county at least 14 days before the first
10.26day to file affidavits of candidacy for the state general election in the year ending in two.
10.27Alternate dates for adopting changes in precinct boundaries, posting notices
10.28of boundary changes, and notifying voters affected by boundary changes pursuant
10.29to this subdivision, and procedures for coordinating precinct boundary changes with
10.30reestablishing local government election district boundaries may be established in the
10.31manner provided in the rules of the secretary of state.

10.32    Sec. 18. Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:
11.1    Subd. 2. Ballot boxes. Each polling place shall be provided with one ballot box for
11.2each kind of ballot to be cast at the election. The boxes shall be substantially the same color
11.3as the ballots to be deposited in them. Each box shall be of sufficient size and shall have a
11.4sufficient opening to receive and contain all the ballots likely to be deposited in it. When
11.5buff or goldenrod ballot boxes are required, a separate box must be provided for each school
11.6district for which ballots are to be cast at that polling place. The number and name of the
11.7school district must appear conspicuously on the top of each buff or goldenrod ballot box.

11.8    Sec. 19. Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:
11.9    Subdivision 1. Minimum number required. (a) A minimum of four election
11.10judges shall be appointed for each precinct, except as provided by subdivision 2 in the
11.11state general election. In all other elections, a minimum of three election judges shall
11.12be appointed for each precinct. In a combined polling place under section 204B.14,
11.13subdivision 2
, at least one judge must be appointed from each municipality in the
11.14combined polling place, provided that not less than three judges shall be appointed for
11.15each combined polling place. The appointing authorities may appoint election judges for
11.16any precinct in addition to the number required by this subdivision including additional
11.17election judges to count ballots after voting has ended.
11.18(b) An election judge may serve for all or part of election day, at the discretion of the
11.19appointing authority, as long as the minimum number of judges required is always present.
11.20The head election judge designated under section 204B.20 must serve for all of election day
11.21and be present in the polling place unless another election judge has been designated by the
11.22head election judge to perform the functions of the head election judge during any absence.

11.23    Sec. 20. Minnesota Statutes 2012, section 204B.22, subdivision 2, is amended to read:
11.24    Subd. 2. Exception. A minimum of three election judges shall be appointed in
11.25precincts not using electronic voting equipment. One additional election judge shall
11.26be appointed for each 150 votes cast in that precinct at the last similar election and in
11.27precincts with fewer than 500 registered voters as of 14 weeks before the state primary.

11.28    Sec. 21. Minnesota Statutes 2012, section 204B.28, subdivision 1, is amended to read:
11.29    Subdivision 1. Meeting with election officials. At least 12 weeks before each
11.30regularly scheduled town general election conducted in March, and at least 18 weeks
11.31before all other general elections, each county auditor shall conduct a meeting or otherwise
11.32communicate with local election officials to review the procedures for the election. The
11.33county auditor may require the head election judges in the county to attend this meeting.

12.1    Sec. 22. Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:
12.2    Subdivision 1. Payment. (a) The secretary of state shall pay the compensation for
12.3presidential electors, the cost of printing the pink paper ballots, and all necessary expenses
12.4incurred by the secretary of state in connection with elections.
12.5(b) The counties shall pay the compensation prescribed in section 204B.31, clauses
12.6(b) and (c), the cost of printing the canary ballots, the white ballots, the pink state general
12.7election ballots when machines are used, the state partisan primary ballots, and the
12.8state and county nonpartisan primary ballots, all necessary expenses incurred by county
12.9auditors in connection with elections, and the expenses of special county elections.
12.10(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
12.11for election judges and sergeants at arms, the cost of printing the municipal ballots,
12.12providing ballot boxes, providing and equipping polling places and all necessary expenses
12.13of the municipal clerks in connection with elections, except special county elections.
12.14(d) The school districts shall pay the compensation prescribed for election judges
12.15and sergeants-at-arms, the cost of printing the school district ballots, providing ballot
12.16boxes, providing and equipping polling places and all necessary expenses of the school
12.17district clerks in connection with school district elections not held in conjunction with
12.18state elections. When school district elections are held in conjunction with state elections,
12.19the school district shall pay the costs of printing the school district ballots, providing ballot
12.20boxes and all necessary expenses of the school district clerk.
12.21All disbursements under this section shall be presented, audited, and paid as in
12.22the case of other public expenses.

12.23    Sec. 23. Minnesota Statutes 2012, section 204B.33, is amended to read:
12.24204B.33 NOTICE OF FILING.
12.25(a) At least 15 16 weeks before the state primary, the secretary of state shall notify
12.26each county auditor of the offices to be voted for in that county at the next state general
12.27election for which candidates file with the secretary of state. The notice shall include
12.28the time and place of filing for those offices. Within ten days after notification by the
12.29secretary of state, each county auditor shall notify each municipal clerk in the county of
12.30all the offices to be voted for in the county at that election and the time and place for
12.31filing for those offices. The county auditors and municipal clerks shall promptly post a
12.32copy of that notice in their offices.
12.33(b) At least two weeks one week before the first day to file an affidavit of candidacy,
12.34the county auditor shall publish a notice stating the first and last dates on which affidavits
12.35of candidacy may be filed in the county auditor's office and the closing time for filing on
13.1the last day for filing. The county auditor shall post a similar notice at least ten days before
13.2the first day to file affidavits of candidacy.

13.3    Sec. 24. Minnesota Statutes 2012, section 204B.34, is amended by adding a
13.4subdivision to read:
13.5    Subd. 5. Posting requirements; election notices; sample ballots. The posting
13.6requirements for any notice of filing, notice of election, other required election notice,
13.7or sample ballots may be met by the appropriate election official posting the required
13.8materials on the Web site of the election jurisdiction.

13.9    Sec. 25. Minnesota Statutes 2012, section 204B.35, subdivision 4, is amended to read:
13.10    Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a
13.11regularly scheduled an election for federal, state, county, city, or school board office
13.12or a special election for federal office, and at least 30 days before any other election,
13.13ballots necessary to fill applications of absentee voters shall be prepared and delivered to
13.14the officials who administer the provisions of chapter 203B, except as provided in this
13.15subdivision. Ballots necessary to fill applications of absentee voters for a town general
13.16election held in March shall be prepared and delivered to the town clerk at least 30 days
13.17before the election.
13.18This section applies to school district elections held on the same day as a statewide
13.19election or an election for a county or municipality located partially or wholly within
13.20the school district.

13.21    Sec. 26. Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:
13.22    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
13.23thickness to prevent the printing from being discernible from the back. All ballots of the
13.24same color shall be substantially uniform in style of printing, size, thickness and shade of
13.25color. When the ballots of a particular color vary in shade, those used in any one precinct
13.26shall be of the same shade. All ballots shall be printed in easily readable type with suitable
13.27lines dividing candidates, offices, instructions and other matter printed on ballots. The
13.28name of each candidate shall be printed in capital letters. The same type shall be used for
13.29the names of all candidates on the same ballot.

13.30    Sec. 27. Minnesota Statutes 2012, section 204B.45, subdivision 2, is amended to read:
13.31    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
13.32given at least six ten weeks prior to the election. Not more than 46 days nor later than
14.114 days before a regularly scheduled election for federal, state, county, city, or school
14.2board office or a special election for federal office and not more than 30 days nor later
14.3than 14 days before any other election, the auditor shall mail ballots by nonforwardable
14.4mail to all voters registered in the town or unorganized territory. No later than 14 days
14.5before the election, the auditor must make a subsequent mailing of ballots to those voters
14.6who register to vote after the initial mailing but before the 20th day before the election.
14.7Eligible voters not registered at the time the ballots are mailed may apply for ballots as
14.8provided in chapter 203B. Ballot return envelopes, with return postage provided, must
14.9be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
14.10person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot
14.11board to examine the mail and absentee ballot return envelopes and mark them "accepted"
14.12or "rejected" within three days of receipt if there are 14 or fewer days before election
14.13day, or within five days of receipt if there are more than 14 days before election day.
14.14The board may consist of staff trained as election judges who need not be affiliated with
14.15a major political party. Election judges performing the duties in this section must be of
14.16different major political parties, unless they are exempt from that requirement under
14.17section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
14.18least five days before the election, the ballots in the envelope must remain sealed and the
14.19auditor or clerk shall provide the voter with a replacement ballot and return envelope in
14.20place of the spoiled ballot. If the ballot is rejected within five days of the election, the
14.21envelope must remain sealed and the official in charge of the ballot board must attempt to
14.22contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
14.23rejected. The official must document the attempts made to contact the voter.
14.24If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
14.25indicate that the voter has already cast a ballot in that election. After the close of business
14.26on the fourth day before the election, the ballots from return envelopes marked "Accepted"
14.27may be opened, duplicated as needed in the manner provided by section 206.86,
14.28subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
14.29In all other respects, the provisions of the Minnesota Election Law governing
14.30deposit and counting of ballots apply.
14.31The mail and absentee ballots for a precinct must be counted together and reported
14.32as one vote total. No vote totals from mail or absentee ballots may be made public before
14.33the close of voting on election day.
14.34The costs of the mailing shall be paid by the election jurisdiction in which the voter
14.35resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

15.1    Sec. 28. Minnesota Statutes 2012, section 204B.46, is amended to read:
15.2204B.46 MAIL ELECTIONS; QUESTIONS.
15.3    A county, municipality, or school district submitting questions to the voters at a
15.4special election may conduct an election by mail with no polling place other than the office
15.5of the auditor or clerk. No offices may be voted on at a mail election. Notice of the election
15.6must be given to the county auditor at least 53 74 days prior to the election. This notice
15.7shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail
15.8ballot procedures must be posted at least six weeks prior to the election. Not more than 30
15.9 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by
15.10nonforwardable mail to all voters registered in the county, municipality, or school district.
15.11No later than 14 days before the election, the auditor or clerk must make a subsequent
15.12mailing of ballots to those voters who register to vote after the initial mailing but before
15.13the 20th day before the election. Eligible voters not registered at the time the ballots are
15.14mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint
15.15a ballot board to examine the mail and absentee ballot return envelopes and mark them
15.16"Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before
15.17election day, or within five days of receipt if there are more than 14 days before election
15.18day. The board may consist of staff trained as election judges who need not be affiliated
15.19with a major political party. Election judges performing the duties in this section must be
15.20of different major political parties, unless they are exempt from that requirement under
15.21section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
15.22least five days before the election, the ballots in the envelope must remain sealed and the
15.23auditor or clerk must provide the voter with a replacement ballot and return envelope in
15.24place of the spoiled ballot. If the ballot is rejected within five days of the election, the
15.25envelope must remain sealed and the official in charge of the ballot board must attempt to
15.26contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
15.27rejected. The official must document the attempts made to contact the voter.
15.28If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
15.29indicate that the voter has already cast a ballot in that election. After the close of business
15.30on the fourth day before the election, the ballots from return envelopes marked "Accepted"
15.31may be opened, duplicated as needed in the manner provided by section 206.86,
15.32subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
15.33In all other respects, the provisions of the Minnesota Election Law governing
15.34deposit and counting of ballots apply.
16.1The mail and absentee ballots for a precinct must be counted together and reported
16.2as one vote total. No vote totals from ballots may be made public before the close of
16.3voting on election day.

16.4    Sec. 29. Minnesota Statutes 2012, section 204C.14, is amended to read:
16.5204C.14 UNLAWFUL VOTING; PENALTY.
16.6No individual shall intentionally:
16.7(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
16.8a ballot box or attempting to vote by means of a voting machine or electronic voting system;
16.9(b) vote more than once at the same election;
16.10(c) put a ballot in a ballot box for any illegal purpose;
16.11(d) give more than one ballot of the same kind and color to an election judge to
16.12be placed in a ballot box;
16.13(e) aid, abet, counsel or procure another to go into any precinct for the purpose
16.14of voting in that precinct, knowing that the other individual is not eligible to vote in
16.15that precinct; or
16.16(f) aid, abet, counsel or procure another to do any act in violation of this section.
16.17A violation of this section is a felony.

16.18    Sec. 30. Minnesota Statutes 2012, section 204C.15, subdivision 1, is amended to read:
16.19    Subdivision 1. Physical assistance in marking ballots. A voter who claims a need
16.20for assistance because of inability to read English or physical inability to mark a ballot may
16.21obtain the aid of two election judges who are members of different major political parties.
16.22The election judges shall mark the ballots as directed by the voter and in as secret a manner
16.23as circumstances permit. If the voter is deaf or cannot speak English or understand it when
16.24it is spoken, the election judges may select two individuals who are members of different
16.25major political parties to provide assistance. The individuals shall assist the voter in
16.26marking the ballots. A voter in need of assistance may alternatively obtain the assistance of
16.27any individual the voter chooses. Only the following persons may not provide assistance
16.28to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of
16.29the voter's union, or a candidate for election. The person who assists the voter shall,
16.30unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
16.31as directed by the voter. No person who assists another voter as provided in the preceding
16.32sentence shall mark the ballots of more than three voters at one election. Before the ballots
16.33are deposited, the voter may show them privately to an election judge to ascertain that they
16.34are marked as the voter directed. An election judge or other individual assisting a voter
17.1shall not in any manner request, persuade, induce, or attempt to persuade or induce the
17.2voter to vote for any particular political party or candidate. The election judges or other
17.3individuals who assist the voter shall not reveal to anyone the name of any candidate for
17.4whom the voter has voted or anything that took place while assisting the voter.

17.5    Sec. 31. Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:
17.6    Subd. 2. Ballots; order of counting. Except as otherwise provided in this
17.7subdivision, the ballot boxes shall be opened, the votes counted, and the total declared one
17.8box at a time in the following order: the white box, the pink box, the canary box, the light
17.9green box, the blue box, the buff box, the goldenrod box, the gray box, and then the other
17.10kinds of ballots voted at the election. If enough election judges are available to provide
17.11counting teams of four or more election judges for each box, more than one box may be
17.12opened and counted at the same time. The election judges on each counting team shall be
17.13evenly divided between the major political parties. The numbers entered on the summary
17.14sheet shall not be considered final until the ballots in all the boxes have been counted and
17.15corrections have been made if ballots have been deposited in the wrong boxes.

17.16    Sec. 32. Minnesota Statutes 2012, section 204C.25, is amended to read:
17.17204C.25 DISPOSITION OF BALLOTS.
17.18After the count and the summary statements have been completed, in the presence
17.19of all the election judges, the counted, defective, and blank ballots shall be placed in
17.20envelopes marked or printed to distinguish the color of the ballots contained, and the
17.21envelopes shall be sealed. The election judges shall sign each envelope over the sealed part
17.22so that the envelope cannot be opened without disturbing the continuity of the signatures.
17.23The number and kind of ballots in each envelope, the name of the town or city, and the
17.24name of the precinct shall be plainly written upon the envelopes. The number and name of
17.25the district must be plainly written on envelopes containing school district ballots. The
17.26spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
17.27to the county auditor or municipal or school district clerk from whom they were received.

17.28    Sec. 33. Minnesota Statutes 2012, section 204C.27, is amended to read:
17.29204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
17.30One or more of the election judges in each precinct shall deliver two sets of
17.31summary statements; all spoiled white, pink, canary, and gray ballots; and the envelopes
17.32containing the white, pink, canary, and gray ballots either directly to the municipal clerk
17.33for transmittal to the county auditor's office or directly to the county auditor's office as
18.1soon as possible after the vote counting is completed but no later than 24 hours after the
18.2end of the hours for voting. One or more election judges shall deliver the remaining set
18.3of summary statements and returns, all unused and spoiled municipal and school district
18.4ballots, the envelopes containing municipal and school district ballots, and all other things
18.5furnished by the municipal or school district clerk, to the municipal or school district
18.6clerk's office within 24 hours after the end of the hours for voting. The municipal or school
18.7district clerk shall return all polling place rosters and completed voter registration cards to
18.8the county auditor within 48 hours after the end of the hours for voting.

18.9    Sec. 34. Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:
18.10    Subd. 6. State and county nonpartisan primary ballot. The state and county
18.11nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
18.12Ballot." It shall be printed on canary paper in the manner provided in the rules of the
18.13secretary of state. The names of candidates for nomination to the Supreme Court, Court of
18.14Appeals, district court, and all county offices shall be placed on this ballot.
18.15No candidate whose name is placed on the state and county nonpartisan primary
18.16ballot shall be designated or identified as the candidate of any political party or in any
18.17other manner except as expressly provided by law.

18.18    Sec. 35. Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:
18.19    Subd. 2. Sample ballot. At least two weeks 46 days before the state primary the
18.20county auditor shall prepare a sample state partisan primary ballot and a sample state and
18.21county nonpartisan primary ballot for each precinct for public inspection and transmit an
18.22electronic copy of these sample ballots to the secretary of state. The names of all of the
18.23candidates to be voted for in the county shall be placed on the sample ballots, with the
18.24names of the candidates for each office arranged in the base rotation as determined by
18.25section 206.61, subdivision 5. Only one sample state partisan primary ballot and one
18.26sample state and county nonpartisan ballot shall be prepared for any county. The county
18.27auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall
18.28cause them to be published at least one week before the state primary in at least one
18.29newspaper of general circulation in the county.
18.30At least one week before the state primary, the county auditor shall publish a notice
18.31to the voters in at least one newspaper of general circulation in the county that includes the
18.32telephone number and e-mail address for the county auditor's office and the address of the
18.33Web site where sample ballots can be examined.

19.1    Sec. 36. Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:
19.2    Subdivision 1. White State general election ballot; rules. The names of
19.3the candidates for all partisan state and federal offices, all proposed constitutional
19.4amendments, all county offices and questions, and all judicial offices voted on at the state
19.5general election shall be placed on a single ballot printed on white paper which that shall
19.6be known as the "white state general election ballot." This ballot shall be prepared by the
19.7county auditor subject to the rules of the secretary of state. The secretary of state shall
19.8adopt rules for preparation and time of delivery of the white state general election ballot.

19.9    Sec. 37. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
19.10    Subd. 4. Special federal white ballot. (a) The names of all candidates for the
19.11offices of president and vice-president of the United States and senator and representative
19.12in Congress shall be placed on a ballot printed on white paper which that shall be known
19.13as the "special federal white ballot."
19.14(b) This ballot shall be prepared by the county auditor in the same manner as
19.15the white state general election ballot and shall be subject to the rules adopted by the
19.16secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
19.17in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
19.18United States Code, title 42, section 1973ff.
19.19(c) The special federal white ballot shall be the only ballot sent to citizens of
19.20the United States who are eligible to vote by absentee ballot for federal candidates in
19.21Minnesota.

19.22    Sec. 38. Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:
19.23    Subd. 5. Ballot headings. The white, pink, and special federal white ballot
19.24containing the offices and questions in subdivisions 1 and 4, shall be headed with the
19.25words "State General Election Ballot." The canary ballot shall be headed with the words
19.26"County and Judicial Nonpartisan General Election Ballot."

19.27    Sec. 39. Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:
19.28    Subd. 6. Gray Judicial ballot. When the canary ballot would be longer than 30
19.29inches or when it would not be possible to place all offices on a single ballot card for the
19.30state general election, the judicial offices that should be placed on the canary ballot may be
19.31placed instead on a separate gray judicial ballot. The gray judicial ballot shall be prepared
19.32by the county auditor in the manner provided in the rules of the secretary of state.
20.1The gray judicial ballot must be headed with the words: "Judicial Nonpartisan
20.2General Election Ballot." Separate ballot boxes must be provided for these gray judicial
20.3ballots.

20.4    Sec. 40. Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:
20.5    Subd. 3. Nominees by petition; placement on ballot. The names of candidates
20.6nominated by petition for a partisan office voted on at the state general election shall be
20.7placed on the white state general election ballot after the names of the candidates for that
20.8office who were nominated at the state primary. Prior to the state primary No later than
20.911 weeks before the state general election, the secretary of state shall determine by lot
20.10the order of candidates nominated by petition. The drawing of lots must be by political
20.11party or principle. The political party or political principle of the candidate as stated on
20.12the petition shall be placed after the name of a candidate nominated by petition. The word
20.13"nonpartisan" shall not be used to designate any partisan candidate whose name is placed
20.14on the white state general election ballot by nominating petition.

20.15    Sec. 41. Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:
20.16    Subdivision 1. Rotation of names. The names of candidates for nonpartisan offices
20.17on the canary state general election ballot and the judicial nonpartisan general election
20.18ballot shall be rotated in the manner provided for rotation of names on state partisan
20.19primary ballots by section 204D.08, subdivision 3.

20.20    Sec. 42. Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:
20.21    Subd. 3. Uncontested judicial offices. Judicial offices for a specific court for
20.22which there is only one candidate filed must appear after all other judicial offices for that
20.23same court on the canary ballot.

20.24    Sec. 43. Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:
20.25    Subd. 3. Sample pink ballot; constitutional amendments. Four weeks before the
20.26state general election the secretary of state shall file sample copies of the pink ballot
20.27 portion of the state general election ballot that contains the proposed constitutional
20.28amendments in the Secretary of State's Office for public inspection. Three weeks before
20.29the state general election the secretary of state shall mail transmit sample copies of the
20.30pink sample ballot to each county auditor. Each auditor shall post the sample ballot in a
20.31conspicuous place in the auditor's office.

21.1    Sec. 44. Minnesota Statutes 2012, section 204D.16, is amended to read:
21.2204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
21.3PUBLICATION.
21.4Two weeks before the state general election the county auditor shall prepare sample
21.5copies of the white and canary ballots and At least 46 days before the state general
21.6election, the county auditor shall post copies of these sample ballots and a sample of the
21.7pink ballot for each precinct in the auditor's office for public inspection and transmit an
21.8electronic copy of these sample ballots to the secretary of state. No earlier than 15 days
21.9and no later than two days At least two weeks before the state general election the county
21.10auditor shall cause the sample white and canary ballots to be published publish a notice to
21.11the voters in at least one newspaper of general circulation in the county that includes the
21.12telephone number and e-mail address for the county auditor's office and the address of the
21.13Web site where sample ballots can be examined.

21.14    Sec. 45. Minnesota Statutes 2012, section 204D.165, is amended to read:
21.15204D.165 SAMPLE BALLOTS TO SCHOOLS.
21.16Notwithstanding any contrary provisions in section 204D.09 or 204D.16, The county
21.17auditor, two weeks before the applicable primary or general election, shall provide one
21.18copy of the an appropriate sample partisan primary, nonpartisan primary, canary, white,
21.19or pink ballot to a school district upon request. The school district may have the sample
21.20ballots reproduced at its expense for classroom educational purposes and for educational
21.21activities authorized under section 204B.27, subdivision 7.

21.22    Sec. 46. Minnesota Statutes 2012, section 204D.19, subdivision 2, is amended to read:
21.23    Subd. 2. Special election when legislature will be in session. Except for
21.24vacancies in the legislature which occur at any time between the last day of session in an
21.25odd-numbered year and the 40th day prior to the opening day of session in the succeeding
21.26even-numbered year, when a vacancy occurs and the legislature will be in session so
21.27that the individual elected as provided by this section could take office and exercise the
21.28duties of the office immediately upon election, the governor shall issue within five days
21.29after the vacancy occurs a writ calling for a special election. The special election shall
21.30be held as soon as possible, consistent with the notice requirements of section 204D.22,
21.31subdivision 3
, but in no event more than 35 days after the issuance of the writ. A special
21.32election must not be held during the four days before or the four days after a holiday as
21.33defined in section 645.44, subdivision 5.

22.1    Sec. 47. Minnesota Statutes 2012, section 205.02, subdivision 2, is amended to read:
22.2    Subd. 2. City elections. In all statutory and home rule charter cities, the primary,
22.3general and special elections held for choosing city officials and deciding public questions
22.4relating to the city shall be held as provided in this chapter, except that sections 205.065,
22.5subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2
22.6and subdivision 3, do not apply to a city whose charter provides the manner of holding
22.7its primary, general or special elections.

22.8    Sec. 48. Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:
22.9    Subd. 3. Prohibition. No special election authorized under subdivision 1 may be
22.10held within 40 56 days after the state general election.

22.11    Sec. 49. Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:
22.12    Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of
22.13candidacy for a city office voted on in November must be filed no more than 84 days nor
22.14less than 70 days before the city primary. In municipalities that do not hold a primary, an
22.15affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
22.16the municipal general election held in March in any year, or a special election not held in
22.17conjunction with another election, and no more than 98 days nor less than 84 days before
22.18the municipal general election held in November of any year. The municipal clerk's office
22.19must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.

22.20    Sec. 50. Minnesota Statutes 2012, section 205.13, is amended by adding a subdivision
22.21to read:
22.22    Subd. 7. Write-in candidates for city offices. The governing body of any city
22.23may, by resolution, require that a candidate for a city office who wants write-in votes for
22.24the candidate to be counted file a written request with the city clerk no later than the
22.25seventh day before the general election. The filing officer shall provide copies of the
22.26form to make the request.

22.27    Sec. 51. Minnesota Statutes 2012, section 205.16, subdivision 1, is amended to read:
22.28    Subdivision 1. Publication and posting. In every municipality, the municipal clerk
22.29shall, except as otherwise provided in this section, give two weeks' published notice,
22.30and may also give ten days' posted notice, of the election, At least two weeks before
22.31the election, the municipal clerk shall post a notice of election stating the time of the
22.32election, the location of each polling place, the offices to be filled, and all propositions
23.1or questions to be voted upon at the election. At least two weeks before the election, the
23.2municipal clerk shall also either publish this notice or an alternative notice to the voters.
23.3The alternative form of the notice must include the telephone number and e-mail address
23.4for the municipal clerk's office and the address of the Web site where general information
23.5about the election, including the date of the election, voting hours, polling place locations,
23.6and sample ballots, can be obtained. In a city of the fourth class or a town not located
23.7within a metropolitan county as defined in section 473.121, the governing body may
23.8dispense with publication of the notice of the municipal general election, in which case ten
23.9days' posted notice shall be given. The municipal clerk shall also post a copy of the notice
23.10in the clerk's office for public inspection.

23.11    Sec. 52. Minnesota Statutes 2012, section 205.16, subdivision 4, is amended to read:
23.12    Subd. 4. Notice to auditor. At least 67 74 days before every municipal election held
23.13in conjunction with a regularly scheduled primary for federal, state, county, city, or school
23.14board office or a special primary for federal office, at least 74 days before every municipal
23.15election held in connection with a regularly scheduled general election for federal, state,
23.16county, city, or school board office or a special election for federal office, and at least 53
23.17days before any other municipal election, the municipal clerk shall provide a written notice
23.18to the county auditor, including the date of the election, the offices to be voted on at the
23.19election, and the title and language for each ballot question to be voted on at the election.
23.20At least 67 74 days before every municipal election held in conjunction with a regularly
23.21scheduled primary for federal, state, county, city, or school board office or a special
23.22primary for federal office, at least 74 days before a regularly scheduled general election for
23.23federal, state, county, city, or school board office or a special election for federal office, and
23.24at least 46 days before any other election, the municipal clerk must provide written notice
23.25to the county auditor of any special election canceled under section 205.10, subdivision 6.

23.26    Sec. 53. Minnesota Statutes 2012, section 205.16, subdivision 5, is amended to read:
23.27    Subd. 5. Notice to secretary of state. At least 67 74 days before every municipal
23.28election held in conjunction with a regularly scheduled primary for federal, state, county,
23.29city, or school board office or a special primary for federal office, at least 74 days before
23.30every municipal election held in conjunction with a regularly scheduled general election
23.31for federal, state, county, city, or school board office or a special election for federal office,
23.32and at least 46 days before any other municipal election for which a notice is provided
23.33to the county auditor under subdivision 4, the county auditor shall provide a notice of
24.1the election to the secretary of state, in a manner and including information prescribed
24.2by the secretary of state.

24.3    Sec. 54. Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:
24.4    Subdivision 1. Second, third, and fourth class cities; towns Municipal offices;
24.5questions; general election ballot. In all statutory and home rule charter cities of the
24.6second, third, and fourth class, and in all towns, for the municipal general election, the
24.7municipal clerk shall have printed on light green paper the official ballot containing the
24.8names of all candidates for municipal offices and municipal ballot questions. The ballot
24.9shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election
24.10Ballot," shall state the name of the city or town and the date of the election, and shall
24.11conform in other respects to the white ballot used at the state general election ballot. The
24.12names shall be arranged on city ballots in the manner provided for the state elections. On
24.13town ballots names of the candidates for each office shall be arranged either:
24.14(1) alphabetically according to the candidates' surnames; or
24.15(2) in the manner provided for state elections if the town electors chose at the town's
24.16annual meeting to arrange the names in that way for at least two consecutive years.

24.17    Sec. 55. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
24.18    Subd. 3. Primary ballots. The municipal primary ballot in cities of the second,
24.19third, and fourth class and towns and the nonpartisan primary ballot in cities of the first
24.20class shall conform as far as practicable with the municipal general election ballot except
24.21that it shall be printed on light green paper. No blank spaces shall be provided for writing
24.22in the names of candidates. The partisan primary ballot in cities of the first class shall
24.23conform as far as practicable with the state partisan primary ballot.

24.24    Sec. 56. Minnesota Statutes 2012, section 205A.04, is amended by adding a
24.25subdivision to read:
24.26    Subd. 3. Change in year of general election. The school board may, by resolution,
24.27change the year in which the school district general election will be held. The resolution
24.28must be approved no later than four weeks before the first day to file affidavits of
24.29candidacy for the general election. A plan for the orderly transition to the new election
24.30year must be included in the resolution. The terms of school board members may be
24.31lengthened or shortened by one year as a part of the transition process.

24.32    Sec. 57. Minnesota Statutes 2012, section 205A.05, subdivision 1, is amended to read:
25.1    Subdivision 1. Questions. Special elections must be held for a school district on a
25.2question on which the voters are authorized by law to pass judgment. The school board
25.3may on its own motion call a special election to vote on any matter requiring approval of
25.4the voters of a district. Upon petition filed with the school board of 50 or more voters of
25.5the school district or five percent of the number of voters voting at the preceding school
25.6district general election, whichever is greater, the school board shall by resolution call
25.7a special election to vote on any matter requiring approval of the voters of a district. A
25.8question is carried only with the majority in its favor required by law. The election officials
25.9for a special election are the same as for the most recent school district general election
25.10unless changed according to law. Otherwise, special elections must be conducted and the
25.11returns made in the manner provided for the school district general election. A special
25.12election may not be held during the 30 56 days before and the 30 56 days after the state a
25.13regularly scheduled primary, during the 30 days before and the 40 days after the state or
25.14general election. In addition, a special election may not be held during the 20 days before
25.15and the 20 days after any regularly scheduled election of a municipality conducted wholly
25.16or partially within the school district. Notwithstanding any other law to the contrary, the
25.17time period in which a special election must be conducted under any other law may be
25.18extended by the school board to conform with the requirements of this subdivision.

25.19    Sec. 58. Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:
25.20    Subd. 2. Vacancies in school district offices. Special elections shall be held in
25.21school districts in conjunction with school district primary and general elections to fill
25.22vacancies in elective school district offices. When more than one vacancy exists in an
25.23office elected at-large, voters must be instructed to vote for up to the number of vacancies
25.24to be filled.

25.25    Sec. 59. Minnesota Statutes 2012, section 205A.06, is amended by adding a
25.26subdivision to read:
25.27    Subd. 6. Write-in candidates. The governing body of any school district may, by
25.28resolution, require that a candidate for school district office who wants write-in votes
25.29for the candidate to be counted file a written request with the filing office for the office
25.30sought no later than the seventh day before the general election. The filing officer shall
25.31provide copies of the form to make the request.

25.32    Sec. 60. Minnesota Statutes 2012, section 205A.07, subdivision 1, is amended to read:
26.1    Subdivision 1. Publication and posting. At least two weeks before the election,
26.2the clerk of a school district shall give two weeks' published notice and give ten days'
26.3posted post a notice of a school district primary, general, or special election, stating the
26.4time of the election, the location of each polling place, the offices to be filled, and all
26.5propositions or questions to be voted upon at the primary, general, or special election. At
26.6least two weeks before the election, the school district clerk shall publish this notice or
26.7an alternative notice to the voters. The alternative form of the notice must include the
26.8telephone number and e-mail address for the school district office and the address of the
26.9Web site where general information about the election, including the date of the election,
26.10voting hours, polling place locations, and sample ballots, can be obtained. The notice shall
26.11also be posted in the administrative offices of the school district for public inspection.

26.12    Sec. 61. Minnesota Statutes 2012, section 205A.07, subdivision 3, is amended to read:
26.13    Subd. 3. Notice to auditor. At least 67 74 days before every school district election
26.14held in conjunction with a regularly scheduled primary for federal, state, county, city, or
26.15school board office or a special primary for federal office, at least 74 days before every
26.16school district election held in conjunction with a regularly scheduled general election for
26.17federal, state, county, city, or school board office or a special election for federal office,
26.18and at least 53 days before any other school district election, the school district clerk shall
26.19provide a written notice to the county auditor of each county in which the school district is
26.20located. The notice must include the date of the election, the offices to be voted on at the
26.21election, and the title and language for each ballot question to be voted on at the election.
26.22For the purposes of meeting the timelines of this section, in a bond election, a notice,
26.23including a proposed question, may be provided to the county auditor before receipt of a
26.24review and comment from the commissioner of education and before actual initiation of
26.25the election. At least 67 74 days before every school district election held in conjunction
26.26with a regularly scheduled primary for federal, state, county, city, or school board office or
26.27a special primary for federal office, at least 74 days before an election held in conjunction
26.28with a regularly scheduled general election for federal, state, county, city, or school board
26.29office or a special election for federal office, and at least 46 days before any other election,
26.30the school district clerk must provide written notice to the county auditor of any special
26.31election canceled under section 205A.05, subdivision 3.

26.32    Sec. 62. Minnesota Statutes 2012, section 205A.07, subdivision 3a, is amended to read:
26.33    Subd. 3a. Notice to commissioner of education. At least 67 74 days before every
26.34school district election held in conjunction with a regularly scheduled primary for federal,
27.1state, county, city, or school board office or a special primary for federal office, at least 74
27.2days before every school district election held in conjunction with a regularly scheduled
27.3general election for federal, state, county, city, or school board office or a special election
27.4for federal office, and at least 49 days before any other school district election, under
27.5section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall
27.6provide a written notice to the commissioner of education. The notice must include the
27.7date of the election and the title and language for each ballot question to be voted on at the
27.8election. At least 67 74 days before every school district election held in conjunction with
27.9a regularly scheduled primary for federal, state, county, city, or school board office or a
27.10special primary for federal office, at least 74 days before every school district election
27.11held in conjunction with a regularly scheduled general election for federal, state, county,
27.12city, or school board office or a special election for federal office, and at least 46 days
27.13before any other school district election, the school district clerk must provide a written
27.14notice to the commissioner of education of any special election canceled under section
27.15205A.05, subdivision 3 . The certified vote totals for each ballot question shall be provided
27.16in a written notice to the commissioner in a timely manner.

27.17    Sec. 63. Minnesota Statutes 2012, section 205A.07, subdivision 3b, is amended to read:
27.18    Subd. 3b. Notice to secretary of state. At least 67 74 days before every school
27.19district election held in conjunction with a regularly scheduled primary for federal, state,
27.20county, city, or school board office or a special primary for federal office, at least 74
27.21days before every school district election held in conjunction with a regularly scheduled
27.22general election for federal, state, county, city, or school board office or a special election
27.23for federal office, and at least 46 days before any other school district election for which
27.24a notice is provided to the county auditor under subdivision 3, the county auditor shall
27.25provide a notice of the election to the secretary of state, in a manner and including
27.26information prescribed by the secretary of state.

27.27    Sec. 64. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
27.28    Subdivision 1. Buff General election ballot. The names of all candidates for offices
27.29and all ballot questions to be voted on at a school district general election must be placed
27.30on a single ballot printed on buff paper and known as the "buff ballot.".

27.31    Sec. 65. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
27.32    Subd. 4. Order of candidates. On the "State Partisan Primary Ballot" prepared for
27.33primary elections, and on the white state general election ballot prepared for the general
28.1election, the order of the names of nominees or names of candidates for election shall be
28.2the same as required for paper ballots. More than one column or row may be used for the
28.3same office or party. Electronic ballot display and audio ballot readers must conform to
28.4the candidate order on the optical scan ballot used in the precinct.

28.5    Sec. 66. Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:
28.6    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
28.7county canvassing board in each county must set the date, time, and place for the
28.8postelection review of the state general election to be held under this section.
28.9    At the canvass of the state general election, the county canvassing boards must select
28.10the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
28.11considered one precinct eligible to be selected for purposes of this subdivision. The county
28.12canvassing board of a county with fewer than 50,000 registered voters must conduct a
28.13postelection review of a total of at least two precincts. The county canvassing board of a
28.14county with between 50,000 and 100,000 registered voters must conduct a review of a total
28.15of at least three precincts. The county canvassing board of a county with over 100,000
28.16registered voters must conduct a review of a total of at least four precincts, or three percent
28.17of the total number of precincts in the county, whichever is greater. At least one precinct
28.18selected in each county must have had more than 150 votes cast at the general election.
28.19    The county auditor must notify the secretary of state of the precincts that have been
28.20chosen for review and the time and place the postelection review for that county will be
28.21conducted, as soon as the decisions are made. If the selection of precincts has not resulted
28.22in the selection of at least four precincts in each congressional district, the secretary of state
28.23may require counties to select by lot additional precincts to meet the congressional district
28.24requirement. The secretary of state must post this information on the office Web site.

28.25    Sec. 67. Minnesota Statutes 2012, section 206.89, subdivision 3, is amended to read:
28.26    Subd. 3. Scope and conduct of review. The county canvassing board shall appoint
28.27the postelection review official as defined in subdivision 1. The postelection review must
28.28be conducted of the votes cast for president or governor; United States senator; and United
28.29States representative. The postelection review official may conduct postelection review of
28.30the votes cast for additional offices.
28.31The postelection review must be conducted in public at the location where the
28.32voted ballots have been securely stored after the state general election or at another
28.33location chosen by the county canvassing board. The postelection review official for
28.34each precinct selected must conduct the postelection review and may be assisted by
29.1election judges designated by the postelection review official for this purpose. The party
29.2balance requirement of section 204B.19 applies to election judges designated for the
29.3review. The postelection review must consist of a manual count of the ballots used in the
29.4precincts selected and must be performed in the manner provided by section 204C.21.
29.5The postelection review must be conducted in the manner provided for recounts under
29.6section 204C.361 to the extent practicable. The review must be completed no later
29.7than two days before the meeting of the state canvassing board to certify the results of
29.8the state general election.

29.9    Sec. 68. Minnesota Statutes 2012, section 206.895, is amended to read:
29.10206.895 SECRETARY OF STATE MONITOR.
29.11The secretary of state must monitor and evaluate election procedures in precincts
29.12subject to the audit provided for in section 206.89 in at least four precincts one precinct in
29.13each congressional district. The precincts must be chosen by lot by the State Canvassing
29.14Board at its meeting to canvass the state general election.

29.15    Sec. 69. Minnesota Statutes 2012, section 206.90, subdivision 6, is amended to read:
29.16    Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card
29.17on which all ballot information is included must be printed in black ink on white colored
29.18material except that marks not to be read by the automatic tabulating equipment may be
29.19printed in another color ink. In state elections, a single ballot title must be used, as provided
29.20in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
29.21when both municipal and school district offices or questions appear on the ballot, the
29.22single ballot title "City (or Town) and School District Ballot" must be used.
29.23On the front of the ballot must be printed the words "Official Ballot" and the date of
29.24the election and lines for the initials of at least two election judges.
29.25When optical scan ballots are used, the offices to be elected must appear in the
29.26following order: federal offices; state legislative offices; constitutional offices; proposed
29.27constitutional amendments; county offices and questions; municipal offices and questions;
29.28school district offices and questions; special district offices and questions; and judicial
29.29offices.
29.30On optical scan ballots, the names of candidates and the words "yes" and "no" for
29.31ballot questions must be printed as close to their corresponding vote targets as possible.
29.32The line on an optical scan ballot for write-in votes must contain the words "write-in,
29.33if any."
30.1If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
30.2instructions to voters must include a statement that reads substantially as follows: "THIS
30.3BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
30.4BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
30.5CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains
30.6political party columns on both sides of the ballot, the instructions to voters must include a
30.7statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
30.8PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL
30.9PARTY ONLY." At the bottom of each political party column on the primary ballot, the
30.10ballot must contain a statement that reads substantially as follows: "CONTINUE VOTING
30.11ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4,
30.12do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
30.13ballot readers must follow the order of offices and questions on the optical scan or paper
30.14ballot used in the same precinct, or the sample ballot posted for that precinct.

30.15    Sec. 70. Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:
30.16    Subdivision 1. Form of presidential ballots. When presidential electors and
30.17alternates are to be voted for, a vote cast for the party candidates for president and vice
30.18president shall be deemed a vote for that party's electors and alternates as filed with the
30.19secretary of state. The secretary of state shall certify the names of all duly nominated
30.20presidential and vice presidential candidates to the county auditors of the counties of
30.21the state. Each county auditor, subject to the rules of the secretary of state, shall cause
30.22the names of the candidates of each major political party and the candidates nominated
30.23by petition to be printed in capital letters, set in type of the same size and style as for
30.24candidates on the state white general election ballot, before the party designation. To the
30.25left of, and on the same line with the names of the candidates for president and vice
30.26president, near the margin, shall be placed a square or box, in which the voters may
30.27indicate their choice by marking an "X."
30.28The form for the presidential ballot and the relative position of the several candidates
30.29shall be determined by the rules applicable to other state officers. The state ballot, with
30.30the required heading, shall be printed on the same piece of paper and shall be below the
30.31presidential ballot with a blank space between one inch in width.

30.32    Sec. 71. Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:
31.1    Subd. 2. Applicable rules. The rules for preparation, state contribution to the cost
31.2of printing, and delivery of presidential ballots are the same as the rules for white state
31.3general election ballots under section 204D.11, subdivision 1.

31.4    Sec. 72. Minnesota Statutes 2012, section 211B.045, is amended to read:
31.5211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
31.6In any municipality, whether or not the municipality has an ordinance that regulates
31.7the size or number of noncommercial signs, All noncommercial signs of any size may be
31.8posted in any number from beginning 46 days before the state primary in a state general
31.9election year until ten days following the state general election. Municipal ordinances
31.10may regulate the size and number of noncommercial signs at other times.

31.11    Sec. 73. Minnesota Statutes 2012, section 211B.37, is amended to read:
31.12211B.37 COSTS ASSESSED.
31.13Except as otherwise provided in section 211B.36, subdivision 3, the chief
31.14administrative law judge shall assess the cost of considering complaints filed under
31.15section 211B.32 as provided in this section. Costs of complaints relating to a statewide
31.16ballot question or an election for a statewide or legislative office must be assessed against
31.17the appropriation from the general fund to the general account of the state elections
31.18campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
31.19other ballot question or elective office must be assessed against the county or counties in
31.20which the election is held. Where the election is held in more than one county, the chief
31.21administrative law judge shall apportion the assessment among the counties in proportion
31.22to their respective populations within the election district to which the complaint relates
31.23according to the most recent decennial federal census paid from appropriations to the
31.24office for this purpose.

31.25    Sec. 74. Minnesota Statutes 2012, section 340A.416, subdivision 2, is amended to read:
31.26    Subd. 2. Ballot question. The form of the question of the referendum under this
31.27section must be on a separate ballot and must allow the voters to vote either "for license"
31.28or "against license." either "Shall the city issue ... intoxicating liquor licenses?" or "Shall
31.29the city discontinue issuing intoxicating liquor licenses?".

31.30    Sec. 75. Minnesota Statutes 2012, section 340A.416, subdivision 3, is amended to read:
31.31    Subd. 3. Effect of election results. If a majority of persons voting on the
31.32referendum question vote "against license," to discontinue issuing licenses, the city may
32.1not issue intoxicating liquor licenses until the results of the referendum have been reversed
32.2at a subsequent election where the question has been submitted as provided in this section.

32.3    Sec. 76. Minnesota Statutes 2012, section 340A.602, is amended to read:
32.4340A.602 CONTINUATION.
32.5In any city in which the report of the operations of a municipal liquor store has
32.6shown a net loss prior to interfund transfer in any two of three consecutive years, the
32.7city council shall, not more than 45 days prior to the end of the fiscal year following
32.8the three-year period, hold a public hearing on the question of whether the city shall
32.9continue to operate a municipal liquor store. Two weeks' notice, written in clear and easily
32.10understandable language, of the hearing must be printed in the city's official newspaper.
32.11Following the hearing the city council may on its own motion or shall upon petition of five
32.12percent or more of the registered voters of the city, submit to the voters at a general or
32.13special municipal election the question of whether the city shall continue or discontinue
32.14municipal liquor store operations by a date which the city council shall designate. The
32.15date designated by the city council must not be more than 30 months following the date
32.16of the election. The form of the question shall be: "Shall the city of (name) discontinue
32.17operating the municipal liquor store on (Month xx, 2xxx)?".

32.18    Sec. 77. Minnesota Statutes 2012, section 375.20, is amended to read:
32.19375.20 BALLOT QUESTIONS.
32.20If the county board may do an act, incur a debt, appropriate money for a purpose,
32.21or exercise any other power or authority, only if authorized by a vote of the people, the
32.22question may be submitted at a special or general election, by a resolution specifying the
32.23matter or question to be voted upon. If the question is to authorize the appropriation of
32.24money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election
32.25shall be given as in the case of special elections. If the question submitted is adopted, the
32.26board shall pass an appropriate resolution to carry it into effect. In the election the form
32.27of the ballot shall be: "In favor of Shall (here state the substance of the resolution to be
32.28submitted)?, Yes ...... No......," with a square opposite each of the words "yes" and "no," in
32.29one of which the voter shall mark an "X" to indicate a choice. The county board may call
32.30a special county election upon a question to be held within 60 74 days after a resolution to
32.31that effect is adopted by the county board. Upon the adoption of the resolution the county
32.32auditor shall post and publish notices of the election, as required by section 204D.22,
32.33subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the
32.34manner prescribed by sections 204D.20 to 204D.27, so far as practicable.

33.1    Sec. 78. Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:
33.2    Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law
33.3applies to hospital district elections, as far as practicable. Regular elections must be held
33.4in each hospital district at the same time, in the same election precincts, and at the same
33.5polling places as general elections of state and county officers. It may establish the whole
33.6district as a single election precinct or establish two or more different election precincts and
33.7polling places for the elections. If there is more than one precinct, the boundaries of the
33.8election precincts and the locations of the polling places must be defined in the notice of
33.9election, either in full or by reference to a description or map on file in the office of the clerk.
33.10Special elections may be called by the hospital board to vote on any matter required
33.11by law to be submitted to the voters. A special election may not be conducted either
33.12during the 30 56 days before and the 30 days after the state or the 56 days after a regularly
33.13scheduled primary or state general election, or during the 20 days before and the 20 days
33.14after the regularly scheduled election of any municipality conducted wholly or partially
33.15within the hospital district. Special elections must be held within the election precinct or
33.16precincts and at the polling place or places designated by the board. In the case of the
33.17first election of officers of a new district, precincts and polling places must be set by the
33.18governing body of the most populous city or town included in the district.
33.19Advisory ballots may be submitted by the hospital board on any question it wishes,
33.20concerning the affairs of the district, but only at a regular election or at a special election
33.21required for another purpose.

33.22    Sec. 79. Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read:
33.23    Subd. 3. Election notices. At least two weeks before the first day to file affidavits
33.24of candidacy, the clerk of the district shall publish a notice stating the first and last day
33.25on which affidavits of candidacy may be filed, the places for filing the affidavits and the
33.26closing time of the last day for filing. The clerk shall post a similar notice in at least one
33.27conspicuous place in each city and town in the district at least ten days before the first
33.28day to file affidavits of candidacy.
33.29At least 53 74 days prior to every hospital district election, the hospital district clerk
33.30shall provide a written notice to the county auditor of each county in which the hospital
33.31district is located. The notice must include the date of the election, the offices to be voted
33.32on at the election, and the title and language for each ballot question to be voted on at the
33.33election. At least 46 days before a hospital district election for which a notice is provided
33.34to the county auditor under this subdivision, The county auditor shall immediately provide
34.1a notice to the secretary of state in a manner and including information prescribed by
34.2the secretary of state.
34.3The notice of each election must be posted in at least one public and conspicuous
34.4place within each city and town included in the district at least ten days two weeks before
34.5the election. It must be published in the official newspaper of the district or, if a paper has
34.6not been designated, in a legal newspaper having general circulation within the district, at
34.7least two weeks before the election. Failure to give notice does not invalidate the election
34.8of an officer of the district. A voter may contest a hospital district election in accordance
34.9with chapter 209. Chapter 209 applies to hospital district elections.

34.10    Sec. 80. Minnesota Statutes 2012, section 447.32, subdivision 4, is amended to read:
34.11    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
34.12candidate for the hospital board shall file an affidavit of candidacy for the election either as
34.13member at large or as a member representing the city or town where the candidate resides.
34.14The affidavit of candidacy must be filed with the city or town clerk not more than 91 98 days
34.15nor less than 77 84 days before the first Tuesday after the first Monday in November of the
34.16year in which the general election is held. The city or town clerk must forward the affidavits
34.17of candidacy to the clerk of the hospital district or, for the first election, the clerk of the
34.18most populous city or town immediately after the last day of the filing period. A candidate
34.19may withdraw from the election by filing an affidavit of withdrawal with the clerk of the
34.20district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.
34.21The governing body of any hospital district may, by resolution, require that a
34.22candidate for hospital district office who wants write-in votes for the candidate to be
34.23counted file a written request with the filing officer for the office sought no later than the
34.24seventh day before the general election. The filing officer shall provide copies of the
34.25form to make the request.
34.26Voting must be by secret ballot. The clerk shall prepare, at the expense of the
34.27district, necessary ballots for the election of officers. Ballots must be printed on tan paper
34.28and prepared as provided in the rules of the secretary of state. The ballots must be marked
34.29and initialed by at least two judges as official ballots and used exclusively at the election.
34.30Any proposition to be voted on may be printed on the ballot provided for the election
34.31of officers. The hospital board may also authorize the use of voting systems subject to
34.32chapter 206. Enough election judges may be appointed to receive the votes at each
34.33polling place. The election judges shall act as clerks of election, count the ballots cast,
34.34and submit them to the board for canvass.
35.1After canvassing the election, the board shall issue a certificate of election to the
35.2candidate who received the largest number of votes cast for each office. The clerk shall
35.3deliver the certificate to the person entitled to it in person or by certified mail. Each person
35.4certified shall file an acceptance and oath of office in writing with the clerk within 30
35.5days after the date of delivery or mailing of the certificate. The board may fill any office
35.6as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
35.7qualification is effective if made before the board acts to fill the vacancy.

35.8    Sec. 81. Laws 1963, chapter 276, section 2, subdivision 2, as amended by Laws 1992,
35.9chapter 534, section 1, is amended to read:
35.10    Subd. 2. One third of the members of the first hospital board shall be appointed for a
35.11term to expire one year from December 31 next following such appointment, one third
35.12for a term to expire two years from such date, and one third for a term to expire three
35.13years from such date. Successors to the original board members shall each be elected for
35.14terms of three years, and all members shall hold office until their successors are elected
35.15and qualify. Terms of all members shall expire on December 31. In case of a vacancy
35.16on the hospital board, whether due to death, removal from the district, inability to serve,
35.17resignation, or other cause the majority of the remaining members of the hospital board,
35.18at its next regular or special meeting, shall make an appointment to fill such vacancy for
35.19the then unexpired term. The election of successors to the original board members shall
35.20be elected by popular vote of the qualified voters in the hospital district. Hospital board
35.21elections shall be conducted as provided in Minnesota Statutes, section 447.32. The
35.22hospital board shall, by resolution, adopt a plan for the orderly transition to the new
35.23election schedule. The resolution must be approved no later than four weeks before the
35.24first day to file affidavits of candidacy for the general election. The terms of school board
35.25members may be lengthened or shortened by one year as a part of the transition process.

35.26    Sec. 82. REPEALER.
35.27Minnesota Statutes 2012, sections 204B.42; 204D.11, subdivisions 2 and 3; 205.16,
35.28subdivision 2; 205.17, subdivisions 2 and 4; and 205A.08, subdivision 4, are repealed.
feedback