Bill Text: MN SF2435 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Same day voter registration and challenged voters process modifications; provisional ballots procedure establishment; canvassing deadlines modifications
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-14 - Referred to Local Government and Elections [SF2435 Detail]
Download: Minnesota-2011-SF2435-Introduced.html
1.2relating to elections; amending same day voter registration provisions; amending
1.3the process for challenged voters; providing for provisional ballots;amending
1.4Minnesota Statutes 2010, sections 201.061, subdivision 3; 204C.12, subdivision
1.53; 204C.32, subdivision 2; 204C.33, subdivision 1; 204C.37; 205.185,
1.6subdivision 3; 205A.10, subdivision 3; Minnesota Statutes 2011 Supplement,
1.7sections 205.065, subdivision 5; 205A.03, subdivision 4; Laws 2011, chapter 65,
1.8section 4; proposing coding for new law in Minnesota Statutes, chapter 204C.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
1.11 Subd. 3. Election day registration. (a) An individual who is eligible to vote may
1.12register on election day by appearing in person at the polling place for the precinct in
1.13which the individual maintains residence, by completing a registration application, making
1.14an oath in the form prescribed by the secretary of state and providing proof of residence.
1.15An individual seeking to register on election day may be challenged, as provided in section
1.16204C.12. An individual may prove residence for purposes of registering by:
1.17 (1) presenting a driver's license or Minnesota identification card issued pursuant
1.18to section171.07 ;
1.19 (2) presenting any document approved by the secretary of state as proper
1.20identification;
1.21 (3) presenting one of the following:
1.22 (i) a current valid student identification card from a postsecondary educational
1.23institution in Minnesota, if a list of students from that institution has been prepared under
1.24section135A.17 and certified to the county auditor in the manner provided in rules of
1.25the secretary of state; or
2.1 (ii) a current student fee statement that contains the student's valid address in the
2.2precinct together with a picture identification card; or
2.3 (4) having a voter who is registered to vote in the precinct, or who is an employee
2.4employed by and working in a residential facility in the precinct and vouching for a
2.5resident in the facility, sign an oath in the presence of the election judge vouching that the
2.6voter or employee personally knows that the individual is a resident of the precinct. A
2.7voter who has been vouched for on election day may not sign a proof of residence oath
2.8vouching for any other individual on that election day. A voter who is registered to vote in
2.9the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
2.10does not apply to an employee of a residential facility described in this clause. The
2.11secretary of state shall provide a form for election judges to use in recording the number
2.12of individuals for whom a voter signs proof-of-residence oaths on election day. The
2.13form must include space for the maximum number of individuals for whom a voter may
2.14sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
2.15a statement that the voter is registered to vote in the precinct, personally knows that the
2.16individual is a resident of the precinct, and is making the statement on oath. The form must
2.17include a space for the voter's printed name, signature, telephone number, and address.
2.18 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
2.19attached to the voter registration application.
2.20 (b) The operator of a residential facility shall prepare a list of the names of its
2.21employees currently working in the residential facility and the address of the residential
2.22facility. The operator shall certify the list and provide it to the appropriate county auditor
2.23no less than 20 days before each election for use in election day registration.
2.24 (c) "Residential facility" means transitional housing as defined in section256E.33,
2.25subdivision 1 ; a supervised living facility licensed by the commissioner of health under
2.26section144.50, subdivision 6 ; a nursing home as defined in section
144A.01, subdivision
2.275 ; a residence registered with the commissioner of health as a housing with services
2.28establishment as defined in section144D.01, subdivision 4 ; a veterans home operated by
2.29the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
2.30licensed by the commissioner of human services to provide a residential program as
2.31defined in section245A.02, subdivision 14 ; a residential facility for persons with a
2.32developmental disability licensed by the commissioner of human services under section
2.33252.28
; group residential housing as defined in section
256I.03, subdivision 3 ; a shelter
2.34for battered women as defined in section611A.37, subdivision 4 ; or a supervised
2.35publicly or privately operated shelter or dwelling designed to provide temporary living
2.36accommodations for the homeless.
3.1 (d) For tribal band members, an individual may prove residence for purposes of
3.2registering by:
3.3 (1) presenting an identification card issued by the tribal government of a tribe
3.4recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
3.5contains the name, address, signature, and picture of the individual; or
3.6 (2) presenting an identification card issued by the tribal government of a tribe
3.7recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
3.8contains the name, signature, and picture of the individual and also presenting one of the
3.9documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
3.10 (e) A county, school district, or municipality may require that an election judge
3.11responsible for election day registration initial each completed registration application.
3.12 Sec. 2. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
3.13 Subd. 3. Determination of residence. (a) In determining the legal residence of a
3.14challenged individual, the election judges shall be governed by the principles contained in
3.15section200.031 . If the challenged individual's answers to the questions show eligibility to
3.16vote in that precinct, the individual shall be allowed to vote.
3.17(b) If the challenged individual's answers to the questions show ineligibility to
3.18vote in that precinct, the individual shallnot be allowed to vote cast a provisional ballot
3.19as provided in section 204C.135. If the answers to the questions fail to show that the
3.20individual is not eligible to vote in that precinct and the challenge is not withdrawn, the
3.21individual shall be allowed to cast a provisional ballot as provided in section 204C.135.
3.22(c) If the individual has marked ballots but not yet deposited them in the ballot boxes
3.23before the election judges determine ineligibility to vote in that precinct, the marked
3.24ballots shall be placed unopened with the spoiled ballots.If the answers to the questions
3.25fail to show that the individual is not eligible to vote in that precinct and the challenge
3.26is not withdrawn, the election judges shall verbally administer the oath on the voter
3.27certificate to the individual. After taking the oath and completing and signing the voter
3.28certificate, the challenged individual shall be allowed to vote.
3.29 Sec. 3. [204C.135] PROVISIONAL BALLOTS.
3.30 Subdivision 1. Casting of provisional ballots. (a) A voter whose eligibility to
3.31vote is challenged in the polling place and who is unable to overcome the challenge as
3.32permitted by section 204C.12 shall be allowed to cast a provisional ballot in the manner
3.33provided by this section.
4.1(b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster
4.2and complete a provisional ballot envelope. The envelope must contain a space for the
4.3voter to list the voter's name, address of residence, date of birth, voter identification
4.4number, and any other information prescribed by the secretary of state. The voter must
4.5also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
4.6in the same election, and meets the criteria for registering to vote in the precinct in which
4.7the voter appears.
4.8(c) Once the voter has completed the provisional ballot envelope, the voter must
4.9be allowed to cast a provisional ballot. The provisional ballot must be the same as the
4.10official ballot available in the precinct on election day. A completed provisional ballot
4.11shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
4.12the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
4.13provisional ballot box. Completed provisional ballots may not be combined with other
4.14voted ballots in the polling place.
4.15(d) The form of the secrecy and provisional ballot envelopes shall be prescribed by
4.16the secretary of state. The provisional ballot envelope must be a color other than that
4.17provided for absentee ballot envelopes and must be prominently labeled "Provisional
4.18Ballot Envelope."
4.19(e) Provisional ballots and related documentation shall be delivered to and securely
4.20maintained by the county auditor or municipal clerk in the same manner as required for
4.21other election materials under sections 204C.27 and 204C.28.
4.22 Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
4.23the polling place may personally appear before the county auditor or municipal clerk no
4.24later than seven calendar days following the election to prove that the voter's provisional
4.25ballot should be counted. The county auditor or municipal clerk must count a provisional
4.26ballot in the final certified results from the precinct if:
4.27(1) the statewide voter registration system indicates that the voter is eligible to
4.28vote or, if challenged, the county auditor or municipal clerk does not, based upon
4.29available records and any documentation presented by the voter, conclude that the voter is
4.30ineligible; and
4.31(2) the voter presents proof of residence in the precinct in the same manner as
4.32proving residency for same day registration in section 201.061, subdivision 3.
4.33(b) If a voter does not appear before the county auditor or municipal clerk within
4.34seven calendar days following the election or otherwise does not satisfy the requirements
4.35of paragraph (a), or if the data listed on the items of identification presented by the voter
5.1does not match the data submitted by the voter on the provisional ballot envelope, the
5.2voter's provisional ballot must not be counted.
5.3(c) The county auditor or municipal clerk must notify, in writing, any provisional
5.4voter who does not appear within seven calendar days of the election that the voter's
5.5provisional ballot was not counted because of the voter's failure to appear before the
5.6county auditor or municipal clerk within the time permitted by law to determine whether
5.7the provisional ballot should be counted.
5.8 Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
5.9ballots in the final vote totals from a precinct, the county auditor must verify that the
5.10number of signatures appearing on the provisional ballot roster from that precinct is equal
5.11to the number of provisional ballots submitted by voters in the precinct on election day.
5.12Any discrepancy must be resolved before the provisional ballots from the precinct may
5.13be counted. Excess provisional ballots must be randomly withdrawn in the manner
5.14required by section 204C.20, subdivision 2, after the period for a voter to appear to prove
5.15residence and identity has expired and the ballots to be counted have been separated from
5.16the provisional ballot envelopes.
5.17 Sec. 4. Minnesota Statutes 2010, section 204C.32, subdivision 2, is amended to read:
5.18 Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of
5.19State's Officeseven 14 days after the state primary to canvass the certified copies of the
5.20county canvassing board reports received from the county auditors. Immediately after
5.21the canvassing board declares the results, the secretary of state shall certify the names of
5.22the nominees to the county auditors. The secretary of state shall mail to each nominee
5.23a notice of nomination.
5.24 Sec. 5. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
5.25 Subdivision 1. County canvass. The county canvassing board shall meet at the
5.26county auditor's office between thethird eighth and tenth 14th days following the state
5.27general election. After taking the oath of office, the board shall promptly and publicly
5.28canvass the general election returns delivered to the county auditor. Upon completion of
5.29the canvass, the board shall promptly prepare and file with the county auditor a report
5.30which states:
5.31(a) the number of individuals voting at the election in the county and in each precinct;
5.32(b) the number of individuals registering to vote on election day and the number of
5.33individuals registered before election day in each precinct;
6.1(c) the names of the candidates for each office and the number of votes received by
6.2each candidate in the county and in each precinct;
6.3(d) the number of votes counted for and against a proposed change of county lines
6.4or county seat; and
6.5(e) the number of votes counted for and against a constitutional amendment or other
6.6question in the county and in each precinct.
6.7The result of write-in votes cast on the general election ballots must be compiled by
6.8the county auditor before the county canvass, except that write-in votes for a candidate for
6.9federal, state, or county office must not be counted unless the candidate has timely filed a
6.10request under section204B.09, subdivision 3 . The county auditor shall arrange for each
6.11municipality to provide an adequate number of election judges to perform this duty or the
6.12county auditor may appoint additional election judges for this purpose. The county auditor
6.13may open the envelopes or containers in which the voted ballots have been sealed in order
6.14to count and record the write-in votes and must reseal the voted ballots at the conclusion
6.15of this process. The county auditor must prepare a separate report of votes received by
6.16precinct for write-in candidates for federal, state, and county offices who have requested
6.17under section204B.09 that votes for those candidates be tallied.
6.18Upon completion of the canvass, the county canvassing board shall declare the
6.19candidate duly elected who received the highest number of votes for each county and state
6.20office voted for only within the county. The county auditor shall transmit a certified
6.21copy of the county canvassing board report for state and federal offices to the secretary
6.22of state by messenger, express mail, or similar service immediately upon conclusion of
6.23the county canvass.
6.24 Sec. 6. Minnesota Statutes 2010, section 204C.37, is amended to read:
6.25204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
6.26STATE.
6.27A copy of the report required by sections204C.32, subdivision 1 , and
204C.33,
6.28subdivision 1 , shall be certified under the official seal of the county auditor. The copy shall
6.29be enclosed in an envelope addressed to the secretary of state, with the county auditor's
6.30name and official address and the words "Election Returns" endorsed on the envelope. The
6.31copy of the canvassing board report and the precinct summary statements must be sent
6.32by express mail or delivered to the secretary of state. If the copy is not received by the
6.33secretary of state within ten days followingthe applicable a primary election, or within 16
6.34days following a general election, the secretary of state shall immediately notify the county
6.35auditor, who shall deliver another copy to the secretary of state by special messenger.
7.1 Sec. 7. Minnesota Statutes 2011 Supplement, section 205.065, subdivision 5, is
7.2amended to read:
7.3 Subd. 5. Results. (a) The municipal primary shall be conducted and the returns
7.4made in the manner provided for the state primary so far as practicable. If the primary
7.5is conducted:
7.6(1) only within that municipality, a canvass may be conducted on either the second
7.7or third day after the primary; or
7.8(2) in conjunction with the state primary, the canvass must be conducted on the third
7.9day after the primary, except as otherwise provided in paragraph (b).
7.10The governing body of the municipality shall canvass the returns, and the two
7.11candidates for each office who receive the highest number of votes, or a number of
7.12candidates equal to twice the number of individuals to be elected to the office, who receive
7.13the highest number of votes, shall be the nominees for the office named. Their names shall
7.14be certified to the municipal clerk who shall place them on the municipal general election
7.15ballot without partisan designation and without payment of an additional fee.
7.16(b) Following a municipal primary as described in paragraph (a), clause (2), a
7.17canvass may be conducted on thesecond eighth day after the primary if the county auditor
7.18of each county in which the municipality is located agrees to administratively review the
7.19municipality's primary voting statistics for accuracy and completeness within a time that
7.20permits the canvass to be conducted on that day.
7.21 Sec. 8. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
7.22 Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
7.23Between thethird eighth and tenth 14th days after an election, the governing body of a
7.24city conducting any election including a special municipal election, or the governing body
7.25of a town conducting the general election in November shall act as the canvassing board,
7.26canvass the returns, and declare the results of the election. The governing body of a town
7.27conducting the general election in March shall act as the canvassing board, canvass the
7.28returns, and declare the results of the election withintwo ten days after an election.
7.29(b) After the time for contesting elections has passed, the municipal clerk shall issue a
7.30certificate of election to each successful candidate. In case of a contest, the certificate shall
7.31not be issued until the outcome of the contest has been determined by the proper court.
7.32(c) In case of a tie vote, the canvassing board having jurisdiction over the
7.33municipality shall determine the result by lot. The clerk of the canvassing board shall
7.34certify the results of the election to the county auditor, and the clerk shall be the final
7.35custodian of the ballots and the returns of the election.
8.1 Sec. 9. Minnesota Statutes 2011 Supplement, section 205A.03, subdivision 4, is
8.2amended to read:
8.3 Subd. 4. Results. (a) The school district primary must be conducted and the returns
8.4made in the manner provided for the state primary as far as practicable. If the primary
8.5is conducted:
8.6(1) only within that school district, a canvass may be conducted on either the second
8.7or third day after the primary; or
8.8(2) in conjunction with the state primary, the canvass must be conducted on the third
8.9day after the primary, except as otherwise provided in paragraph (b).
8.10The school board of the school district shall canvass the returns, and the two
8.11candidates for each specified school board position who receive the highest number of
8.12votes, or a number of candidates equal to twice the number of individuals to be elected to
8.13at-large school board positions who receive the highest number of votes, are the nominees
8.14for the office named. Their names must be certified to the school district clerk who shall
8.15place them on the school district general election ballot without partisan designation
8.16and without payment of an additional fee.
8.17(b) Following a school district primary as described in paragraph (a), clause (2), a
8.18canvass may be conducted on thesecond eighth day after the primary if the county auditor
8.19of each county in which the school district is located agrees to administratively review the
8.20school district's primary voting statistics for accuracy and completeness within a time that
8.21permits the canvass to be conducted on that day.
8.22 Sec. 10. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
8.23 Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between
8.24thethird eighth and tenth 14th days after a school district election other than a recount of a
8.25special election conducted under section126C.17, subdivision 9 , or
475.59 , the school
8.26board shall canvass the returns and declare the results of the election. After the time for
8.27contesting elections has passed, the school district clerk shall issue a certificate of election
8.28to each successful candidate. If there is a contest, the certificate of election to that office
8.29must not be issued until the outcome of the contest has been determined by the proper
8.30court. If there is a tie vote, the school board shall determine the result by lot. The clerk
8.31shall deliver the certificate of election to the successful candidate by personal service or
8.32certified mail. The successful candidate shall file an acceptance and oath of office in
8.33writing with the clerk within 30 days of the date of mailing or personal service. A person
8.34who fails to qualify prior to the time specified shall be deemed to have refused to serve,
8.35but that filing may be made at any time before action to fill the vacancy has been taken.
9.1The school district clerk shall certify the results of the election to the county auditor, and
9.2the clerk shall be the final custodian of the ballots and the returns of the election.
9.3A school district canvassing board shall perform the duties of the school board
9.4according to the requirements of this subdivision for a recount of a special election
9.5conducted under section126C.17, subdivision 9 , or
475.59 .
9.6 Sec. 11. Laws 2011, chapter 65, section 4, is amended to read:
9.7 Sec. 4. Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:
9.8 Subdivision 1. County canvass. The county canvassing board shall meet at the
9.9county auditor's office oneither the second or third eighth day following the state primary.
9.10After taking the oath of office, the canvassing board shall publicly canvass the election
9.11returns delivered to the county auditor. The board shall complete the canvass by the
9.12third day following the state primary and shall promptly prepare and file with the county
9.13auditor a report that states:
9.14(a) the number of individuals voting at the election in the county, and in each
9.15precinct;
9.16(b) the number of individuals registering to vote on election day and the number of
9.17individuals registered before election day in each precinct;
9.18(c) for each major political party, the names of the candidates running for each
9.19partisan office and the number of votes received by each candidate in the county and in
9.20each precinct;
9.21(d) the names of the candidates of each major political party who are nominated; and
9.22(e) the number of votes received by each of the candidates for nonpartisan office in
9.23each precinct in the county and the names of the candidates nominated for nonpartisan
9.24office.
9.25Upon completion of the canvass, the county auditor shall mail or deliver a notice of
9.26nomination to each nominee for county office voted for only in that county. The county
9.27auditor shall transmit one of the certified copies of the county canvassing board report
9.28for state and federal offices to the secretary of state by express mail or similar service
9.29immediately upon conclusion of the county canvass. The secretary of state shall mail a
9.30notice of nomination to each nominee for state or federal office.
9.31 Sec. 12. EFFECTIVE DATE.
9.32Sections 1 to 11 are effective for elections held on or after January 1, 2013.
1.3the process for challenged voters; providing for provisional ballots;amending
1.4Minnesota Statutes 2010, sections 201.061, subdivision 3; 204C.12, subdivision
1.53; 204C.32, subdivision 2; 204C.33, subdivision 1; 204C.37; 205.185,
1.6subdivision 3; 205A.10, subdivision 3; Minnesota Statutes 2011 Supplement,
1.7sections 205.065, subdivision 5; 205A.03, subdivision 4; Laws 2011, chapter 65,
1.8section 4; proposing coding for new law in Minnesota Statutes, chapter 204C.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
1.11 Subd. 3. Election day registration. (a) An individual who is eligible to vote may
1.12register on election day by appearing in person at the polling place for the precinct in
1.13which the individual maintains residence, by completing a registration application, making
1.14an oath in the form prescribed by the secretary of state and providing proof of residence.
1.15An individual seeking to register on election day may be challenged, as provided in section
1.16204C.12. An individual may prove residence for purposes of registering by:
1.17 (1) presenting a driver's license or Minnesota identification card issued pursuant
1.18to section
1.19 (2) presenting any document approved by the secretary of state as proper
1.20identification;
1.21 (3) presenting one of the following:
1.22 (i) a current valid student identification card from a postsecondary educational
1.23institution in Minnesota, if a list of students from that institution has been prepared under
1.24section
1.25the secretary of state; or
2.1 (ii) a current student fee statement that contains the student's valid address in the
2.2precinct together with a picture identification card; or
2.3 (4) having a voter who is registered to vote in the precinct, or who is an employee
2.4employed by and working in a residential facility in the precinct and vouching for a
2.5resident in the facility, sign an oath in the presence of the election judge vouching that the
2.6voter or employee personally knows that the individual is a resident of the precinct. A
2.7voter who has been vouched for on election day may not sign a proof of residence oath
2.8vouching for any other individual on that election day. A voter who is registered to vote in
2.9the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
2.10does not apply to an employee of a residential facility described in this clause. The
2.11secretary of state shall provide a form for election judges to use in recording the number
2.12of individuals for whom a voter signs proof-of-residence oaths on election day. The
2.13form must include space for the maximum number of individuals for whom a voter may
2.14sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
2.15a statement that the voter is registered to vote in the precinct, personally knows that the
2.16individual is a resident of the precinct, and is making the statement on oath. The form must
2.17include a space for the voter's printed name, signature, telephone number, and address.
2.18 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
2.19attached to the voter registration application.
2.20 (b) The operator of a residential facility shall prepare a list of the names of its
2.21employees currently working in the residential facility and the address of the residential
2.22facility. The operator shall certify the list and provide it to the appropriate county auditor
2.23no less than 20 days before each election for use in election day registration.
2.24 (c) "Residential facility" means transitional housing as defined in section
2.25subdivision 1
2.26section
2.275
2.28establishment as defined in section
2.29the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
2.30licensed by the commissioner of human services to provide a residential program as
2.31defined in section
2.32developmental disability licensed by the commissioner of human services under section
2.34for battered women as defined in section
2.35publicly or privately operated shelter or dwelling designed to provide temporary living
2.36accommodations for the homeless.
3.1 (d) For tribal band members, an individual may prove residence for purposes of
3.2registering by:
3.3 (1) presenting an identification card issued by the tribal government of a tribe
3.4recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
3.5contains the name, address, signature, and picture of the individual; or
3.6 (2) presenting an identification card issued by the tribal government of a tribe
3.7recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
3.8contains the name, signature, and picture of the individual and also presenting one of the
3.9documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
3.10 (e) A county, school district, or municipality may require that an election judge
3.11responsible for election day registration initial each completed registration application.
3.12 Sec. 2. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
3.13 Subd. 3. Determination of residence. (a) In determining the legal residence of a
3.14challenged individual, the election judges shall be governed by the principles contained in
3.15section
3.16vote in that precinct, the individual shall be allowed to vote.
3.17(b) If the challenged individual's answers to the questions show ineligibility to
3.18vote in that precinct, the individual shall
3.19as provided in section 204C.135. If the answers to the questions fail to show that the
3.20individual is not eligible to vote in that precinct and the challenge is not withdrawn, the
3.21individual shall be allowed to cast a provisional ballot as provided in section 204C.135.
3.22(c) If the individual has marked ballots but not yet deposited them in the ballot boxes
3.23before the election judges determine ineligibility to vote in that precinct, the marked
3.24ballots shall be placed unopened with the spoiled ballots.
3.25
3.26
3.27
3.28
3.29 Sec. 3. [204C.135] PROVISIONAL BALLOTS.
3.30 Subdivision 1. Casting of provisional ballots. (a) A voter whose eligibility to
3.31vote is challenged in the polling place and who is unable to overcome the challenge as
3.32permitted by section 204C.12 shall be allowed to cast a provisional ballot in the manner
3.33provided by this section.
4.1(b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster
4.2and complete a provisional ballot envelope. The envelope must contain a space for the
4.3voter to list the voter's name, address of residence, date of birth, voter identification
4.4number, and any other information prescribed by the secretary of state. The voter must
4.5also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
4.6in the same election, and meets the criteria for registering to vote in the precinct in which
4.7the voter appears.
4.8(c) Once the voter has completed the provisional ballot envelope, the voter must
4.9be allowed to cast a provisional ballot. The provisional ballot must be the same as the
4.10official ballot available in the precinct on election day. A completed provisional ballot
4.11shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
4.12the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
4.13provisional ballot box. Completed provisional ballots may not be combined with other
4.14voted ballots in the polling place.
4.15(d) The form of the secrecy and provisional ballot envelopes shall be prescribed by
4.16the secretary of state. The provisional ballot envelope must be a color other than that
4.17provided for absentee ballot envelopes and must be prominently labeled "Provisional
4.18Ballot Envelope."
4.19(e) Provisional ballots and related documentation shall be delivered to and securely
4.20maintained by the county auditor or municipal clerk in the same manner as required for
4.21other election materials under sections 204C.27 and 204C.28.
4.22 Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
4.23the polling place may personally appear before the county auditor or municipal clerk no
4.24later than seven calendar days following the election to prove that the voter's provisional
4.25ballot should be counted. The county auditor or municipal clerk must count a provisional
4.26ballot in the final certified results from the precinct if:
4.27(1) the statewide voter registration system indicates that the voter is eligible to
4.28vote or, if challenged, the county auditor or municipal clerk does not, based upon
4.29available records and any documentation presented by the voter, conclude that the voter is
4.30ineligible; and
4.31(2) the voter presents proof of residence in the precinct in the same manner as
4.32proving residency for same day registration in section 201.061, subdivision 3.
4.33(b) If a voter does not appear before the county auditor or municipal clerk within
4.34seven calendar days following the election or otherwise does not satisfy the requirements
4.35of paragraph (a), or if the data listed on the items of identification presented by the voter
5.1does not match the data submitted by the voter on the provisional ballot envelope, the
5.2voter's provisional ballot must not be counted.
5.3(c) The county auditor or municipal clerk must notify, in writing, any provisional
5.4voter who does not appear within seven calendar days of the election that the voter's
5.5provisional ballot was not counted because of the voter's failure to appear before the
5.6county auditor or municipal clerk within the time permitted by law to determine whether
5.7the provisional ballot should be counted.
5.8 Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
5.9ballots in the final vote totals from a precinct, the county auditor must verify that the
5.10number of signatures appearing on the provisional ballot roster from that precinct is equal
5.11to the number of provisional ballots submitted by voters in the precinct on election day.
5.12Any discrepancy must be resolved before the provisional ballots from the precinct may
5.13be counted. Excess provisional ballots must be randomly withdrawn in the manner
5.14required by section 204C.20, subdivision 2, after the period for a voter to appear to prove
5.15residence and identity has expired and the ballots to be counted have been separated from
5.16the provisional ballot envelopes.
5.17 Sec. 4. Minnesota Statutes 2010, section 204C.32, subdivision 2, is amended to read:
5.18 Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of
5.19State's Office
5.20county canvassing board reports received from the county auditors. Immediately after
5.21the canvassing board declares the results, the secretary of state shall certify the names of
5.22the nominees to the county auditors. The secretary of state shall mail to each nominee
5.23a notice of nomination.
5.24 Sec. 5. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
5.25 Subdivision 1. County canvass. The county canvassing board shall meet at the
5.26county auditor's office between the
5.27general election. After taking the oath of office, the board shall promptly and publicly
5.28canvass the general election returns delivered to the county auditor. Upon completion of
5.29the canvass, the board shall promptly prepare and file with the county auditor a report
5.30which states:
5.31(a) the number of individuals voting at the election in the county and in each precinct;
5.32(b) the number of individuals registering to vote on election day and the number of
5.33individuals registered before election day in each precinct;
6.1(c) the names of the candidates for each office and the number of votes received by
6.2each candidate in the county and in each precinct;
6.3(d) the number of votes counted for and against a proposed change of county lines
6.4or county seat; and
6.5(e) the number of votes counted for and against a constitutional amendment or other
6.6question in the county and in each precinct.
6.7The result of write-in votes cast on the general election ballots must be compiled by
6.8the county auditor before the county canvass, except that write-in votes for a candidate for
6.9federal, state, or county office must not be counted unless the candidate has timely filed a
6.10request under section
6.11municipality to provide an adequate number of election judges to perform this duty or the
6.12county auditor may appoint additional election judges for this purpose. The county auditor
6.13may open the envelopes or containers in which the voted ballots have been sealed in order
6.14to count and record the write-in votes and must reseal the voted ballots at the conclusion
6.15of this process. The county auditor must prepare a separate report of votes received by
6.16precinct for write-in candidates for federal, state, and county offices who have requested
6.17under section
6.18Upon completion of the canvass, the county canvassing board shall declare the
6.19candidate duly elected who received the highest number of votes for each county and state
6.20office voted for only within the county. The county auditor shall transmit a certified
6.21copy of the county canvassing board report for state and federal offices to the secretary
6.22of state by messenger, express mail, or similar service immediately upon conclusion of
6.23the county canvass.
6.24 Sec. 6. Minnesota Statutes 2010, section 204C.37, is amended to read:
6.25204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
6.26STATE.
6.27A copy of the report required by sections
6.28subdivision 1
6.29be enclosed in an envelope addressed to the secretary of state, with the county auditor's
6.30name and official address and the words "Election Returns" endorsed on the envelope. The
6.31copy of the canvassing board report and the precinct summary statements must be sent
6.32by express mail or delivered to the secretary of state. If the copy is not received by the
6.33secretary of state within ten days following
6.34days following a general election, the secretary of state shall immediately notify the county
6.35auditor, who shall deliver another copy to the secretary of state by special messenger.
7.1 Sec. 7. Minnesota Statutes 2011 Supplement, section 205.065, subdivision 5, is
7.2amended to read:
7.3 Subd. 5. Results. (a) The municipal primary shall be conducted and the returns
7.4made in the manner provided for the state primary so far as practicable. If the primary
7.5is conducted:
7.6(1) only within that municipality, a canvass may be conducted on either the second
7.7or third day after the primary; or
7.8(2) in conjunction with the state primary, the canvass must be conducted on the third
7.9day after the primary, except as otherwise provided in paragraph (b).
7.10The governing body of the municipality shall canvass the returns, and the two
7.11candidates for each office who receive the highest number of votes, or a number of
7.12candidates equal to twice the number of individuals to be elected to the office, who receive
7.13the highest number of votes, shall be the nominees for the office named. Their names shall
7.14be certified to the municipal clerk who shall place them on the municipal general election
7.15ballot without partisan designation and without payment of an additional fee.
7.16(b) Following a municipal primary as described in paragraph (a), clause (2), a
7.17canvass may be conducted on the
7.18of each county in which the municipality is located agrees to administratively review the
7.19municipality's primary voting statistics for accuracy and completeness within a time that
7.20permits the canvass to be conducted on that day.
7.21 Sec. 8. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
7.22 Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
7.23Between the
7.24city conducting any election including a special municipal election, or the governing body
7.25of a town conducting the general election in November shall act as the canvassing board,
7.26canvass the returns, and declare the results of the election. The governing body of a town
7.27conducting the general election in March shall act as the canvassing board, canvass the
7.28returns, and declare the results of the election within
7.29(b) After the time for contesting elections has passed, the municipal clerk shall issue a
7.30certificate of election to each successful candidate. In case of a contest, the certificate shall
7.31not be issued until the outcome of the contest has been determined by the proper court.
7.32(c) In case of a tie vote, the canvassing board having jurisdiction over the
7.33municipality shall determine the result by lot. The clerk of the canvassing board shall
7.34certify the results of the election to the county auditor, and the clerk shall be the final
7.35custodian of the ballots and the returns of the election.
8.1 Sec. 9. Minnesota Statutes 2011 Supplement, section 205A.03, subdivision 4, is
8.2amended to read:
8.3 Subd. 4. Results. (a) The school district primary must be conducted and the returns
8.4made in the manner provided for the state primary as far as practicable. If the primary
8.5is conducted:
8.6(1) only within that school district, a canvass may be conducted on either the second
8.7or third day after the primary; or
8.8(2) in conjunction with the state primary, the canvass must be conducted on the third
8.9day after the primary, except as otherwise provided in paragraph (b).
8.10The school board of the school district shall canvass the returns, and the two
8.11candidates for each specified school board position who receive the highest number of
8.12votes, or a number of candidates equal to twice the number of individuals to be elected to
8.13at-large school board positions who receive the highest number of votes, are the nominees
8.14for the office named. Their names must be certified to the school district clerk who shall
8.15place them on the school district general election ballot without partisan designation
8.16and without payment of an additional fee.
8.17(b) Following a school district primary as described in paragraph (a), clause (2), a
8.18canvass may be conducted on the
8.19of each county in which the school district is located agrees to administratively review the
8.20school district's primary voting statistics for accuracy and completeness within a time that
8.21permits the canvass to be conducted on that day.
8.22 Sec. 10. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
8.23 Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between
8.24the
8.25special election conducted under section
8.26board shall canvass the returns and declare the results of the election. After the time for
8.27contesting elections has passed, the school district clerk shall issue a certificate of election
8.28to each successful candidate. If there is a contest, the certificate of election to that office
8.29must not be issued until the outcome of the contest has been determined by the proper
8.30court. If there is a tie vote, the school board shall determine the result by lot. The clerk
8.31shall deliver the certificate of election to the successful candidate by personal service or
8.32certified mail. The successful candidate shall file an acceptance and oath of office in
8.33writing with the clerk within 30 days of the date of mailing or personal service. A person
8.34who fails to qualify prior to the time specified shall be deemed to have refused to serve,
8.35but that filing may be made at any time before action to fill the vacancy has been taken.
9.1The school district clerk shall certify the results of the election to the county auditor, and
9.2the clerk shall be the final custodian of the ballots and the returns of the election.
9.3A school district canvassing board shall perform the duties of the school board
9.4according to the requirements of this subdivision for a recount of a special election
9.5conducted under section
9.6 Sec. 11. Laws 2011, chapter 65, section 4, is amended to read:
9.7 Sec. 4. Minnesota Statutes 2010, section 204C.32, subdivision 1, is amended to read:
9.8 Subdivision 1. County canvass. The county canvassing board shall meet at the
9.9county auditor's office on
9.10After taking the oath of office, the canvassing board shall publicly canvass the election
9.11returns delivered to the county auditor. The board shall complete the canvass by the
9.12third day following the state primary and shall promptly prepare and file with the county
9.13auditor a report that states:
9.14(a) the number of individuals voting at the election in the county, and in each
9.15precinct;
9.16(b) the number of individuals registering to vote on election day and the number of
9.17individuals registered before election day in each precinct;
9.18(c) for each major political party, the names of the candidates running for each
9.19partisan office and the number of votes received by each candidate in the county and in
9.20each precinct;
9.21(d) the names of the candidates of each major political party who are nominated; and
9.22(e) the number of votes received by each of the candidates for nonpartisan office in
9.23each precinct in the county and the names of the candidates nominated for nonpartisan
9.24office.
9.25Upon completion of the canvass, the county auditor shall mail or deliver a notice of
9.26nomination to each nominee for county office voted for only in that county. The county
9.27auditor shall transmit one of the certified copies of the county canvassing board report
9.28for state and federal offices to the secretary of state by express mail or similar service
9.29immediately upon conclusion of the county canvass. The secretary of state shall mail a
9.30notice of nomination to each nominee for state or federal office.
9.31 Sec. 12. EFFECTIVE DATE.
9.32Sections 1 to 11 are effective for elections held on or after January 1, 2013.
