Bill Text: MN SF354 | 2011-2012 | 87th Legislature | Introduced

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Bill Title: Voter photo identification and issuance requirement; picture identification and issuance provisions; provisional balloting procedure establishment; electronic polling place roster use requirement; recount procedure enacting and appropriation

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2011-02-17 - Referred to Local Government and Elections [SF354 Detail]

Download: Minnesota-2011-SF354-Introduced.html

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A bill for an act

relating to elections; requiring voters to provide picture identification before
receiving a ballot; providing for the issuance of identification cards at no
charge; establishing a procedure for provisional balloting; specifying other
election administration procedures; requiring use of electronic polling place
rosters; enacting procedures related to recounts; appropriating money;amending
Minnesota Statutes 2010, sections 135A.17, subdivision 2; 200.02, by adding
a subdivision; 201.021; 201.022, subdivision 1; 201.061, subdivisions 3, 7;
201.071, subdivision 3; 201.081; 201.091, subdivision 4; 201.121, subdivisions
1, 3; 201.171; 201.221, subdivision 3; 203B.06, subdivision 5; 203B.121,
subdivision 1; 204B.14, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions
3, 4; 204C.14; 204C.15, subdivision 1; 204C.20, subdivisions 1, 2, 4, by adding
a subdivision; 204C.23; 204C.24, subdivision 1; 204C.38; 204D.24, subdivision
2; 206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, subdivision 1;
211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 200; 201; 204C; proposing coding for new law as Minnesota Statutes,
chapters 204E; 206A; repealing Minnesota Statutes 2010, sections 204B.36,
subdivision 5; 204C.34; 204C.35; 204C.36; 204C.361; Minnesota Rules,
parts 8235.0200; 8235.0300; 8235.0400; 8235.0600; 8235.0700; 8235.0800;
8235.1100; 8235.1200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

VOTER REGISTRATION, PHOTO IDENTIFICATION, AND
PROVISIONAL BALLOTING

    Section 1. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
The following documents are sufficient proof of identity and residence for purposes
of election day voter registration under section 201.061, subdivision 3, and for determining
whether to count a provisional ballot under section 204C.135, subdivision 2:
(1) a current, valid driver's license or identification card issued to the voter by the
Department of Public Safety that contains the voter's current address of residence in the
precinct;
(2) an identification card issued to the voter by the tribal government of a tribe
recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the
voter's current address of residence in the precinct, and all other items of data contained on
a Minnesota identification card, as provided in section 171.07, subdivision 3;
(3) an original receipt issued to the voter by the Department of Public Safety for a
new, renewed, or updated driver's license or identification card that contains the voter's
current address of residence in the precinct along with one of the following documents,
provided that it contains a photograph of the voter:
(i) a driver's license or identification card that is expired, invalidated, or does
not contain the voter's current address of residence, issued to the voter by the state of
Minnesota or any other state or territory of the United States;
(ii) a United States passport, issued to the voter;
(iii) an identification card issued by a branch, department, agency, entity, or
subdivision of Minnesota or the federal government;
(iv) an identification card issued by an accredited postsecondary institution with
a campus located within Minnesota, if a list of students from that institution has been
prepared under section 135A.17 and certified to the county auditor in the manner provided
in rules of the secretary of state; or
(v) an identification card issued to the voter by the tribal government of a tribe
recognized by the Bureau of Indian Affairs; or
(4) if the voter is a student, a driver's license or identification card issued by
Minnesota or any other state or territory of the United States that does not contain
the voter's current address of residence, along with a current student fee statement that
contains the student's valid address of residence in the precinct.

    Sec. 2. [201.017] STATE-SUBSIDIZED IDENTIFICATION.
    Subdivision 1. Issuance of identification cards. (a) The Department of Public
Safety shall provide a Minnesota identification card as described in section 171.07,
subdivision 3, to any applicant who is eligible to vote in Minnesota and who does not
possess a valid Minnesota driver's license or state identification card. The department
may not require the applicant to pay a fee for issuance of an identification card under
this section. A state-subsidized identification card may only be applied for at a driver's
licensing facility operated by the Division of Driver and Vehicle Services.
(b) Upon application for a state-subsidized identification card, including upon
application for a renewal, duplicate card, or when a new card is required as a result of
a change of address, an applicant must present verification that the applicant is at least
18 years of age, is a citizen of the United States, and will have maintained residence in
Minnesota for at least 20 days immediately preceding the next election.
    Subd. 2. State-subsidized identification card account. A state-subsidized
identification card account is established in the special revenue fund. Money in the
account shall be appropriated by law to the Department of Public Safety for purposes of
providing state-subsidized identification cards to individuals qualifying under this section.
The commissioner of public safety must report to the legislature at least monthly on
expenditure of funds from this account.

    Sec. 3. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of identity and
residence. An individual may prove identity and residence for purposes of registering by:
presenting documentation as permitted by section 200.035.
    (1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;
    (2) presenting any document approved by the secretary of state as proper
identification;
    (3) presenting one of the following:
    (i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or
    (ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or
    (4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.
    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
    (b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.
    (c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1 ; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5 ; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
    (d) For tribal band members, an individual may prove residence for purposes of
registering by:
    (1) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or
    (2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
    (e) (b) A county, school district, or municipality may must require that an election
judge responsible for election day registration initial sign each completed registration
application.

    Sec. 4. Minnesota Statutes 2010, section 204C.10, is amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.
    Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a
polling place roster which states that the individual is at least 18 years of age, a citizen
of the United States, has resided in Minnesota for 20 days immediately preceding the
election, maintains residence at the address shown, is not under a guardianship in which
the court order revokes the individual's right to vote, has not been found by a court of
law to be legally incompetent to vote or has the right to vote because, if the individual
was convicted of a felony, the felony sentence has expired or been completed or the
individual has been discharged from the sentence, is registered and has not already voted
in the election. The roster must also state: "I understand that deliberately providing false
information is a felony punishable by not more than five years imprisonment and a fine of
not more than $10,000, or both."
(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the
voter to present a photo identification document, as described in subdivision 2; and (2)
confirm the applicant's name, address, and date of birth. A voter who cannot produce
sufficient identification as required by subdivision 2 may not sign the polling place roster,
but may cast a provisional ballot, as provided in section 204C.135.
(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest
for 36 months following the date of the election.
    Subd. 2. Photo identification. To satisfy the photo identification requirement in
subdivision 1, a voter must present a valid form of one of the following documents or sets
of documents, issued to the voter:
(1) a Minnesota driver's license or identification card that contains the voter's current
address of residence in the precinct, issued under section 171.07 or 201.017;
(2)(i) an original receipt for a new, renewed, or updated driver's license or
identification card issued under section 171.07 or 201.017 that contains the voter's current
address of residence in the precinct; and
(ii) a driver's license or identification card that is expired, invalidated, or does not
contain the voter's current address of residence in the precinct, issued to the voter by the
state of Minnesota or any other state or territory of the United States; or
(3) an identification card issued by the tribal government of a tribe recognized by
the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current
address of residence in the precinct, and all other items of data contained on a Minnesota
identification card, as provided in section 171.07, subdivision 3.

    Sec. 5. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
    Subd. 3. Determination of residence. In determining the legal residence of a
challenged individual, the election judges shall be governed by the principles contained in
section 200.031. If the challenged individual's answers to the questions show ineligibility
to vote in that precinct, the individual shall not be allowed to vote. If the individual has
marked ballots but not yet deposited them in the ballot boxes before the election judges
determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
with the spoiled ballots. If the answers to the questions fail to show that the individual is
not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
shall verbally administer the oath on the voter certificate to the individual. After taking the
oath and completing and signing the voter certificate, the challenged individual shall be
allowed to vote permit the voter to cast a provisional ballot, in the manner provided in
section 204C.135.

    Sec. 6. [204C.135] PROVISIONAL BALLOTS.
    Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to
vote are entitled to cast a provisional ballot in the manner provided by this section:
(1) a voter who is unable to provide proper photo identification as required by
section 204C.10;
(2) a voter whose registration status is listed as "challenged" on the polling place
roster; and
(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
and complete a provisional ballot envelope. The envelope must contain a space for the
voter to list the voter's name, address of residence, date of birth, voter identification
number, and any other information prescribed by the secretary of state. The voter must
also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
in the same election, and meets the criteria for registering to vote in the precinct in which
the voter appears.
Once the voter has completed the provisional ballot envelope, the voter must be
allowed to cast a provisional ballot. The provisional ballot must be in the same form
as the official ballot available in the precinct on election day. A completed provisional
ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
provisional ballot box. Completed provisional ballots may not be combined with other
voted ballots in the polling place.
(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
the secretary of state. The provisional ballot envelope must be a color other than that
provided for absentee ballot envelopes and must be prominently labeled "Provisional
Ballot Envelope."
(d) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 to 204C.28.
    Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
the polling place may personally appear before the county auditor or municipal clerk no
later than seven calendar days following the election to prove that the voter's provisional
ballot should be counted. The county auditor or municipal clerk must count a provisional
ballot in the final certified results from the precinct if:
(1) the statewide voter registration system indicates that the voter is eligible to vote
or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
(2) the voter presents proof of identity and residence in the precinct in the manner
permitted by section 200.035.
(b) If a voter does not appear before the county auditor or municipal clerk within
seven calendar days following the election or otherwise does not satisfy the requirements
of paragraph (a), or if the data listed on the items of identification presented by the voter
does not match the data submitted by the voter on the provisional ballot envelope, the
voter's provisional ballot must not be counted.
(c) The county auditor or municipal clerk must notify, in writing, any provisional
voter who does not appear within seven calendar days of the election that their provisional
ballot was not counted because of the voter's failure to appear before the county auditor or
municipal clerk within the time permitted by law to determine whether the provisional
ballot should be counted.
    Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
ballots in the final vote totals from a precinct, the county auditor must verify that the
number of signatures appearing on the provisional ballot roster from that precinct is equal
to or greater than the number of accepted provisional ballots submitted by voters in the
precinct on election day. Any discrepancy must be resolved before the provisional ballots
from the precinct may be counted. Excess provisional ballots to be counted must be
randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the
period for a voter to appear to prove residence and identity has expired and the ballots to
be counted have been separated from the provisional ballot envelopes.

    Sec. 7. Minnesota Statutes 2010, section 204C.14, is amended to read:
204C.14 UNLAWFUL VOTING; PENALTY.
No individual shall intentionally:
(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot
in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be
counted, or attempting to vote by means of a voting machine or electronic voting system;
(b) vote more than once at the same election;
(c) put a ballot in a ballot box for any illegal purpose;
(d) give more than one ballot of the same kind and color to an election judge to
be placed in a ballot box;
(e) aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or
(f) aid, abet, counsel or procure another to do any act in violation of this section.
A violation of this section is a felony.

    Sec. 8. APPROPRIATION.
$....... is appropriated for fiscal years 2012 and 2013 to the state-subsidized
identification card account for purposes of providing state-subsidized identification cards
to individuals qualifying under Minnesota Statutes, section 201.017.

    Sec. 9. EFFECTIVE DATE.
This article is effective June 1, 2012, and applies to elections held on or after that
date.

ARTICLE 2

ELECTION ADMINISTRATION AND INTEGRITY

    Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to
read:
    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
accepting state or federal financial aid may prepare a current list of students enrolled in the
institution and residing in the institution's housing or within ten miles of the institution's
campus. The list shall include each student's current address. The list shall be certified and
sent to the appropriate county auditor or auditors, in an electronic format approved by the
secretary of state, for use in election day registration as provided under section 201.061,
subdivision 3 . A residential housing list provided under this subdivision may not be used
or disseminated by a county auditor or the secretary of state for any other purpose.

    Sec. 2. [200.05] RULES; LEGISLATIVE APPROVAL REQUIRED.
Any administrative rule authorized by the Minnesota Election Law and promulgated
by the secretary of state shall not take effect until the rule has been enacted into law by the
legislature and approved by the governor.
EFFECTIVE DATE.This section is effective the day following final enactment,
and applies to rules adopted before, on, or after that date.

    Sec. 3. Minnesota Statutes 2010, section 201.021, is amended to read:
201.021 PERMANENT REGISTRATION SYSTEM.
A permanent system of voter registration by county is established, with a single,
official, centralized, interactive computerized statewide voter registration list defined,
maintained, and administered at the state level that contains the name and registration
information of every legally registered voter in the state, and assigns a unique identifier
to each legally registered voter in the state. The unique identifier shall be permanently
assigned to the voter and may not be changed or reassigned to another voter. The
interactive computerized statewide voter registration list constitutes the official list of every
legally registered voter in the state. The county auditor shall be chief registrar of voters
and the chief custodian of the official registration records in each county. The secretary of
state is responsible for defining, maintaining, and administering the centralized system.

    Sec. 4. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
voter registration system to facilitate voter registration and to provide a central database
containing voter registration information from around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration applications to any county
auditor, the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database
for all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from
the Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique, permanent identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
state identification number, and last four digits of the Social Security number for each
voter record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in
the system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary
of state to have electronic access to the statewide registration system for review and
search capabilities;
(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter
should be assigned for voting purposes;
(13) provide daily reports accessible by county auditors on the driver's license
numbers, state identification numbers, or last four digits of the Social Security numbers
submitted on voter registration applications that have been verified as accurate by the
secretary of state; and
(14) provide reports on the number of absentee ballots transmitted to and returned
and cast by voters under section 203B.16.
The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.

    Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
    Subd. 7. Record of attempted registrations. The election judge responsible for
election day registration shall attempt to keep a record of the number of individuals who
attempt to register on election day but who cannot provide proof of residence as required
by this section. The record shall be forwarded to the county auditor with the election
returns for that precinct.

    Sec. 6. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
    Subd. 3. Deficient registration. No voter registration application is deficient if it
contains the voter's name, address, date of birth, current and valid Minnesota driver's
license number or Minnesota state identification number, or if the voter has no current and
valid Minnesota driver's license or Minnesota state identification number, the last four
digits of the voter's Social Security number, if the voter has been issued a Social Security
number, prior registration, if any, and signature. The absence of a zip code number does
not cause the registration to be deficient. Failure to check a box on an application form
that a voter has certified to be true does not cause the registration to be deficient. The
election judges shall request an individual to correct a voter registration application if it is
deficient or illegible. No eligible voter may be prevented from voting unless the voter's
registration application is deficient or the voter is duly and successfully challenged in
accordance with section 201.195 or 204C.12.
    A voter registration application accepted prior to August 1, 1983, is not deficient for
lack of date of birth. The county or municipality may shall attempt to obtain the date of
birth for a voter registration application accepted prior to August 1, 1983, by a request to
the voter at any time except at the polling place. Failure by the voter to comply with this
request does not make the registration deficient.
    A voter registration application accepted before January 1, 2004, is not deficient for
lack of a valid Minnesota driver's license or state identification number or the last four
digits of a Social Security number. A voter registration application submitted by a voter
who does not have a Minnesota driver's license or state identification number, or a Social
Security number, is not deficient for lack of any of these numbers.

    Sec. 7. Minnesota Statutes 2010, section 201.081, is amended to read:
201.081 REGISTRATION FILES.
    The statewide registration system is the official record of registered voters. The voter
registration applications and the terminal providing access to the statewide registration
system must be under the control of the county auditor or the public official to whom the
county auditor has delegated the responsibility for maintaining voter registration records.
The voter registration applications and terminals providing access to the statewide
registration system must not be removed from the control of the county auditor except
as provided in this section. The county auditor may make photographic copies of voter
registration applications in the manner provided by section 138.17.
    A properly completed voter registration application that has been submitted to the
secretary of state or a county auditor must be maintained by the secretary of state or
the county auditor for at least 22 36 months after the date that the information on the
application is entered into the database of the statewide registration system. The secretary
of state or the county auditor may dispose of the applications after retention for 22 36
months in the manner provided by section 138.17.

    Sec. 8. Minnesota Statutes 2010, section 201.091, subdivision 4, is amended to read:
    Subd. 4. Public information lists. The county auditor shall make available for
inspection a public information list which must contain the name, address, year of birth,
and voting history of each registered voter in the county. The telephone number must be
included on the list if provided by the voter. The public information list may also include
information on voting districts. The county auditor may adopt reasonable rules governing
access to the list. No individual inspecting the public information list shall tamper with
or alter it in any manner. No individual who inspects the public information list or who
acquires a list of registered voters prepared from the public information list may use any
information contained in the list for purposes unrelated to elections, political activities, or
law enforcement. The secretary of state may provide copies of the public information lists
and other information from the statewide registration system for uses related to elections,
political activities, or in response to a law enforcement inquiry from a public official
concerning a failure to comply with any criminal statute or any state or local tax statute.
Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political
activities, or law enforcement. Requests to examine or obtain information from the public
information lists or the statewide registration system must be made and processed in the
manner provided in the rules of the secretary of state.
Upon receipt of a statement signed by the voter that withholding the voter's name
from the public information list is required for the safety of the voter or the voter's family,
the secretary of state and county auditor must withhold from the public information list the
name and address of a registered voter. In place of a withheld voter's name and address,
the public information list must state: "voter's name and address withheld by request." The
public information list must still include the voting history, city, and precinct of a voter
whose name and address are withheld from the list.

    Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
    Subdivision 1. Entry of registration information. (a) At the time a voter
registration application is properly completed, submitted, and received in accordance with
sections 201.061 and 201.071, the county auditor shall enter the information contained on
it into the statewide registration system. Voter registration applications completed before
election day must be entered into the statewide registration system within ten days after
they have been submitted to the county auditor. Voter registration applications completed
on election day must be entered into the statewide registration system within 42 days after
the election, unless the county auditor notifies the secretary of state before the 42-day
deadline has expired that the deadline will not be met.
(b) Upon receiving a completed voter registration application, the secretary of state
may electronically transmit the information on the application to the appropriate county
auditor as soon as possible for review by the county auditor before final entry into the
statewide registration system. The secretary of state may mail the voter registration
application to the county auditor.
(c) Within ten days after the county auditor has entered information from a voter
registration application into the statewide registration system, the secretary of state shall
compare the voter's name, date of birth, and driver's license number, state identification
number, or the last four digits of the Social Security number with the same information
contained in the Department of Public Safety database.
(d) The secretary of state shall provide a report to the county auditor on a weekly
basis that includes a list of voters whose name, date of birth, or identification number have
been compared with the same information in the Department of Public Safety database
and cannot be verified as provided in this subdivision. The report must list separately
those voters who have submitted a voter registration application by mail and have not
voted in a federal election in this state.
(e) The county auditor shall compile a list of voters for whom the county auditor
and the secretary of state are unable to conclude that information on the voter registration
application and the corresponding information in the Department of Public Safety database
relate to the same person.
(f) The county auditor shall send a notice of incomplete registration to any voter
whose name appears on the list and change the voter's status to "incomplete." A voter who
receives a notice of incomplete registration from the county auditor may either provide
the information required to complete the registration at least 21 days before the next
election or at the polling place on election day.

    Sec. 10. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
    Subd. 3. Postelection sampling. Within ten days after an election, the county
auditor shall send the notice required by subdivision 2 to a random sampling of the
individuals registered on election day. The random sampling shall be determined in
accordance with the rules of the secretary of state. As soon as practicable after the
election, but no later than January 1 of the following year, the county auditor shall mail
the notice required by subdivision 2 to all other individuals registered on election day.
If a notice is returned as not deliverable, the county auditor shall attempt to determine
the reason for the return. A county auditor who does not receive or obtain satisfactory
proof of an individual's eligibility to vote shall immediately notify the county attorney of
all of the relevant information and the secretary of state of the numbers by precinct. By
March 1 of every odd-numbered year, the secretary of state shall report to the chair and
ranking minority members of the legislative committees with jurisdiction over elections
the number of notices reported under this subdivision to the secretary of state for the
previous state general election by county and precinct.

    Sec. 11. Minnesota Statutes 2010, section 201.171, is amended to read:
201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
REGISTRATION REMOVED.
    Within six weeks after every election, the county auditor shall post the voting
history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the preceding
four years. The secretary of state shall perform list maintenance by changing the status of
those registrants to "inactive" in the statewide registration system. The list maintenance
performed must be conducted in a manner that ensures that the name of each registered
voter appears in the official list of eligible voters in the statewide registration system.
A voter must not be removed from the official list of eligible voters unless the voter is
not eligible or is not registered to vote. List maintenance must include procedures for
eliminating duplicate names from the official list of eligible voters.
    The secretary of state shall also prepare a report to the county auditor containing the
names of all registrants whose status was changed to "inactive."
    Registrants whose status was changed to "inactive" must register in the manner
specified in section 201.054 before voting in any primary, special primary, general, school
district, or special election, as required by section 201.018.
    Although not counted in an election, a late or rejected absentee or mail ballot must
be considered a vote for the purpose of continuing registration under this section, but is
not considered voting history for the purpose of public information lists available under
section 201.091, subdivision 4.

    Sec. 12. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
    Subd. 3. Procedures for polling place rosters. The secretary of state shall
prescribe the form of polling place rosters that include the voter's name, address, date of
birth, school district number, and space for the voter's signature. The secretary of state
may prescribe additional election-related information to be placed on the polling place
rosters on an experimental basis for one state primary and general election cycle; the same
information may not be placed on the polling place roster for a second state primary and
general election cycle unless specified in this subdivision. The polling place roster must
be used to indicate whether the voter has voted in a given election. The secretary of state
shall prescribe procedures for transporting the polling place rosters to the election judges
for use on election day. The secretary of state shall prescribe the form for a county or
municipality to request the date of birth from currently registered voters. The county or
municipality shall not request the date of birth from currently registered voters by any
communication other than the prescribed form and the form must clearly indicate that a
currently registered voter does not lose registration status by failing to provide the date of
birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
polling place rosters used on the date of election for 22 36 months following the election.

    Sec. 13. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
    Subd. 5. Preservation of records. An application for absentee ballots shall be
dated by the county auditor or municipal clerk when it is received and shall be initialed
when absentee ballots are mailed or delivered to the applicant. All applications shall be
preserved by the county auditor or municipal clerk for 22 36 months.

    Sec. 14. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
county, municipality, and school district with responsibility to accept and reject absentee
ballots must, by ordinance or resolution, establish a ballot board. The board must consist
of a sufficient number of election judges trained in the handling of absentee ballots and
appointed as provided in sections 204B.19 to 204B.22. The board may include staff
trained as election judges.
(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.
(c) A ballot board may only meet to perform its duties under this chapter during the
period in which completed absentee ballots are accepted for an election. The time and
place of each meeting must be scheduled, announced, and posted on the Web site of
the governing body of the county, municipality, or school district at least 14 days prior
to convening the first meeting of the ballot board for an election. Meetings of the ballot
board must be convened every business day, at the same time and in the same location.
The ballot board must also meet on any day during which the county or municipal offices
are open for the purposes of conducting election business prior to an election. A ballot
board may not meet except during regularly scheduled meetings announced and posted as
required by this paragraph.
(c) (d) Except as otherwise provided by this section, all provisions of the Minnesota
Election Law apply to a ballot board.

    Sec. 15. Minnesota Statutes 2010, section 204B.40, is amended to read:
204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.
The county auditors, municipal clerks, and school district clerks shall retain all
election materials returned to them after any election for at least 22 36 months from
the date of that election. All election materials involved in a contested election must be
retained for 22 36 months or until the contest has been finally determined, whichever is
later. Abstracts filed by canvassing boards shall be retained permanently by any officer
with whom those abstracts are filed. Election materials no longer required to be retained
pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.
Sealed envelopes containing voted ballots must be retained unopened, except as provided
in this section, in a secure location. The county auditor, municipal clerk, or school district
clerk shall not permit any voted ballots to be tampered with or defaced.
After the time for filing a notice of contest for an election has passed, the secretary
of state may, for the purpose of monitoring and evaluating election procedures: (1)
open the sealed ballot envelopes and inspect the ballots for that election maintained by
the county auditors, municipal clerks, or school district clerks; (2) inspect the polling
place rosters and completed voter registration applications; or (3) examine other forms
required in the Minnesota election laws for use in the polling place. No inspected ballot or
document may be marked or identified in any manner. After inspection, all ballots must be
returned to the ballot envelope and the ballot envelope must be securely resealed. Any
other election materials inspected or examined must be secured or resealed. No polling
place roster may be inspected until the voting history for that precinct has been posted.
No voter registration application may be inspected until the information on it has been
entered into the statewide registration system.

    Sec. 16. Minnesota Statutes 2010, section 204C.15, subdivision 1, is amended to read:
    Subdivision 1. Physical assistance in marking ballots. A voter who claims a
need for assistance because of inability to read English or physical inability to mark
a ballot may obtain the aid of two election judges who are members of different major
political parties. The election judges shall mark the ballots as directed by the voter and in
as secret a manner as circumstances permit. If the voter is deaf or cannot speak English or
understand it when it is spoken, the election judges may select two individuals who are
members of different major political parties to provide assistance. The individuals shall
assist the voter in marking the ballots. A voter in need of assistance may alternatively
obtain the assistance of any individual the voter chooses. Only the following persons may
not provide assistance to a voter: the voter's employer, an agent of the voter's employer, an
officer or agent of the voter's union, the voter's court-appointed guardian or conservator,
any paid individual providing health care or health-related personal assistance to the voter,
or a candidate for election. The person who assists the voter shall, unaccompanied by an
election judge, retire with that voter to a booth and mark the ballot as directed by the voter.
No person who assists another voter as provided in the preceding sentence shall mark the
ballots of more than three voters at one election. Before the ballots are deposited, the
voter may show them privately to an election judge to ascertain that they are marked as
the voter directed. An election judge or other individual assisting a voter shall not in any
manner request, persuade, induce, or attempt to persuade or induce the voter to vote for
any particular political party or candidate. The election judges or other individuals who
assist the voter shall not reveal to anyone the name of any candidate for whom the voter
has voted or anything that took place while assisting the voter.

    Sec. 17. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
    Subdivision 1. Determination of proper number. The election judges shall
determine the number of ballots to be counted by adding the number of return envelopes
from accepted absentee ballots to the number of signed voter's certificates, or to the
number of names entered in the election register counting the number of original voter
signatures contained in the polling place roster, or on voter's receipts generated from an
electronic roster. The election judges may not count the number of voter receipts collected
in the precinct as a substitute for counting original voter signatures unless the voter
receipts contain the name, voter identification number, and signature of the voter to whom
the receipt was issued. The election judges shall then remove all the ballots from the box.
Without considering how the ballots are marked, the election judges shall ascertain that
each ballot is separate and shall count them to determine whether the number of ballots in
the box corresponds with the number of ballots to be counted.

    Sec. 18. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
    Subd. 2. Excess ballots. If two or more ballots are found folded together like
a single ballot, the election judges shall lay them aside until all the ballots in the box
have been counted. If it is evident from the number of ballots to be counted that the
ballots folded together were cast by one voter, the election judges shall preserve but not
count them. If the number of ballots in one box exceeds the number to be counted, the
election judges shall examine all the ballots in the box to ascertain that all are properly
marked with the initials of the election judges. If any ballots are not properly marked with
the initials of the election judges, the election judges shall preserve but not count them;
however, if the number of ballots does not exceed the number to be counted, the absence
of either or both sets of initials of the election judges does not, by itself, disqualify the
vote from being counted and must not but may be the basis of a challenge in a recount.
If there is still an excess of properly marked ballots, the election judges shall replace
them in the box, and one election judge, without looking, shall withdraw from the box
a number of ballots equal to the excess. The withdrawn ballots shall not be counted but
shall be preserved as provided in subdivision 4.

    Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
    Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees
with the number of ballots to be counted, those ballots not counted shall be clearly marked
"excess" on the front of the ballot and attached to a certificate made by the election judges
which states the number of ballots not counted and why the ballots they were not counted.
The certificate and uncounted ballots shall be sealed in a separate envelope and returned
to clearly marked "excess ballots." The election judges shall sign their names over the
envelope seal and return the ballots to the county auditor or municipal or school district
clerk from whom they were received. Tabulation of vote totals from a precinct where
excess ballots were removed from the ballot box shall be completed by the canvassing
board responsible for certifying the election results from that precinct.

    Sec. 20. Minnesota Statutes 2010, section 204C.20, is amended by adding a
subdivision to read:
    Subd. 5. Applicability. The requirements of this section apply regardless of the
voting system or method of tabulation used in a precinct.

    Sec. 21. Minnesota Statutes 2010, section 204C.23, is amended to read:
204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election
judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and
returned as required by section 204C.25.
(b) A ballot that is defective to the extent that the election judges are unable to
determine the voter's intent shall be marked on the back "Defective" if it is totally
defective or "Defective as to ......," naming the office or question if it is defective only in
part. Defective ballots must be placed in an envelope designated for defective ballots from
the precinct, sealed, and returned as required by section 204C.25.
(c) A damaged or defective ballot that requires duplication must be handled as
required by section 206.86, subdivision 5.

    Sec. 22. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
    Subdivision 1. Information requirements. Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:
(a) the number of ballots delivered to the precinct as adjusted by the actual count
made by the election judges, the number of unofficial ballots made, and the number of
absentee ballots delivered to the precinct;
(b) the number of votes each candidate received or the number of yes and no votes
on each question, the number of undervotes, the number of overvotes, and the number of
defective ballots with respect to each office or question;
(c) the number of spoiled ballots, the number of duplicate ballots made, the number
of absentee ballots rejected, and the number of unused ballots, presuming that the total
count provided on each package of unopened prepackaged ballots is correct;
(d) the number of ballots cast;
(d) (e) the number of individuals who voted at the election in the precinct voter
signatures contained on the polling place roster or on voter receipts generated by an
electronic roster, which must equal the total number of ballots cast in the precinct, as
required by sections 204C.20 and 206.86, subdivision 1;
(f) the number of excess ballots removed by the election judges, as required by
section 204C.20;
(e) (g) the number of voters registering on election day in that precinct; and
(f) (h) the signatures of the election judges who counted the ballots certifying that
all of the ballots cast were properly piled, checked, and counted; and that the numbers
entered by the election judges on the summary statements correctly show the number of
votes cast for each candidate and for and against each question.
At least two copies of the summary statement must be prepared for elections not
held on the same day as the state elections.

    Sec. 23. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
    Subdivision 1. At the voting location Precinct polling locations; duties;
reconciliation. In precincts where an electronic voting system is used, as soon as the polls
are closed the election judges shall secure the voting systems against further voting. They
shall then open the ballot box and count the number of ballot cards ballots or envelopes
containing ballot cards that have been cast to determine that the number of ballot cards
ballots does not exceed the number of voters shown on original voter signatures contained
in the election register or registration file polling place roster or on voter receipts generated
from an electronic roster. The election judges may not count the number of voter receipts
collected in the precinct as a substitute for counting original voter signatures unless the
voter receipts contain the name, voter identification number, and signature of the voter to
whom the receipt was issued. If there is an excess, the judges shall seal the ballots in a
ballot container and transport the container to the county auditor or municipal clerk who
shall process the ballots in the same manner as paper ballots are processed in section
204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the manner
required for excess ballots under section 204C.20, subdivisions 2 to 4. The total number
of voters must be entered on the forms provided. The judges shall next count the write-in
votes and enter the number of those votes on forms provided for the purpose.

    Sec. 24. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
    Subd. 2. Transportation of ballot cards. The judges shall place all voted ballot
cards, excess ballots, defective ballots, and damaged ballots in the container provided for
transporting them to the counting center. The container must be sealed and delivered
immediately to the counting center by two judges who are not of the same major political
party. The judges shall also deliver to the counting center in a suitable container the
unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued to
the voters and deposited during the day in the ballot box.

    Sec. 25. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
    Subdivision 1. Manner; time; contents. Service of a notice of contest must be
made in the same manner as the service of summons in civil actions. The notice of contest
must specify the grounds on which the contest will be made. The contestant shall serve
notice of the contest on the parties enumerated in this section. Notice must be served and
filed within five days after the canvass is completed in the case of a primary or special
primary or within seven days after the canvass is completed in the case of a special or
general election; except that:
(1) if a contest is based on a deliberate, serious, and material violation of the election
laws which was discovered from the statements of receipts and disbursements required
to be filed by candidates and committees, the action may be commenced and the notice
served and filed within ten days after the filing of the statements in the case of a general
or special election or within five days after the filing of the statements in the case of a
primary or special primary.;
(2) if a notice of contest questions only which party received the highest number
of votes legally cast at the election, a contestee who loses may serve and file a notice of
contest on any other ground during the three days following expiration of the time for
appealing the decision on the vote count.; and
(3) if data or documents necessary to determine grounds for a contest, including but
not limited to lists of the names of every voter who participated in an election, are not
available to a candidate or the general public prior to the close of the period for filing a
notice of contest under this section due to nonfeasance, malfeasance, or failure to perform
duties within the time required by statute on the part of the secretary of state, a county
auditor, or other state, county, or municipal election official, a notice of contest may be
served and filed within seven days after the data or documents become available for
inspection by the candidates and the general public.

    Sec. 26. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
    Subdivision 1. Appointment of inspectors. After a contest has been instituted,
either party may have the ballots all materials relating to the election, including but not
limited to polling place rosters, voter registration applications, accepted absentee ballot
envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct
summary statements, printouts from voting machines, and precinct incident logs, inspected
before preparing for trial. The party requesting an inspection shall file with the district
court where the contest is brought a verified petition, stating that the case cannot properly
be prepared for trial without an inspection of the ballots and designating the precincts in
which an inspection is desired. A judge of the court in which the contest is pending shall
then appoint as many sets of three inspectors for a contest of any office or question as are
needed to count and inspect the ballots expeditiously. One inspector must be selected by
each of the parties to the contest and a third must be chosen by those two inspectors. If
either party neglects or refuses to name an inspector, the judge shall appoint the inspector.
The compensation of inspectors is the same as for referees, unless otherwise stipulated.

    Sec. 27. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
    Subdivision 1. Soliciting near polling places. A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
a polling place or within 100 feet of the building in which a polling place is situated,
or anywhere on the public property on which a polling place is situated, on primary or
election day to vote for or refrain from voting for a candidate or ballot question. A person
may not provide political badges, political buttons, or other political insignia to be worn at
or about the polling place on the day of a primary or election. A political badge, political
button, or other political insignia may not be worn at or about the polling place on primary
or election day if it is designed to influence voting for or against a particular candidate,
political party, or question on the ballot at the election. This section applies to areas
established by the county auditor or municipal clerk for absentee voting as provided in
chapter 203B.
The secretary of state, county auditor, municipal clerk, or school district clerk may
provide stickers which contain the words "I VOTED" and nothing more. Election judges
may offer a sticker of this type to each voter who has signed the polling place roster
or a voter's receipt.

    Sec. 28. REPEALER.
Minnesota Statutes 2010, section 204B.36, subdivision 5, is repealed.

ARTICLE 3

ELECTRONIC ROSTERS

    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a
subdivision to read:
    Subd. 12a. Polling place roster. "Polling place roster" means the official lists used
to record a voter's appearance in a polling place on election day, including the list of
registered voters in the precinct, and the list of voters registering on election day. A polling
place roster may be in a printed or electronic format, as permitted by section 201.225.

    Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
    Subd. 3. Procedures for polling place rosters. The secretary of state shall
prescribe the form of polling place rosters that include the voter's name, address, date of
birth, school district number, and space for the voter's signature. A polling place roster
provided in an electronic form must allow for a printed voter's receipt with a space for the
voter's original signature. The secretary of state may prescribe additional election-related
information to be placed on the polling place rosters on an experimental basis for one state
primary and general election cycle; the same information may not be placed on the polling
place roster for a second state primary and general election cycle unless specified in this
subdivision. The polling place roster must be used to indicate whether the voter has voted
in a given election. The secretary of state shall prescribe procedures for transporting the
polling place rosters to the election judges for use on election day. The secretary of state
shall prescribe the form for a county or municipality to request the date of birth from
currently registered voters. The county or municipality shall not request the date of birth
from currently registered voters by any communication other than the prescribed form and
the form must clearly indicate that a currently registered voter does not lose registration
status by failing to provide the date of birth. In accordance with section 204B.40, the
county auditor shall retain the prescribed polling place rosters used on the date of election
for 22 36 months following the election.

    Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
    Subdivision 1. Requirement; certification of system. (a) Except as provided in
paragraph (c), each precinct must have a secure electronic connection to the statewide
voter registration system maintained by the secretary of state, to serve as the precinct's
electronic polling place roster.
(b) Precincts may not use an electronic roster until the secretary of state has certified
that the secure electronic connection to the statewide voter registration system is sufficient
to prevent any voter from voting more than once at an election and to prevent access to
the system by unauthorized individuals.
(c)(1) If the county auditor or municipal clerk certifies to the secretary of state that a
precinct is unable to access the statewide connection, the precinct may use two computers
connected together in the precinct as the electronic roster. At a minimum, computers used
in a precinct that do not have a live connection to the statewide voter registration system
must have a stored electronic roster of registered voters for that precinct.
(2) Use of electronic rosters and the secure statewide connection is not required in a
precinct with 100 or fewer registered voters.
    Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic
roster must:
(1) be preloaded with data from the statewide voter registration system, including
data on individuals known to be ineligible to vote;
(2) permit all voting information processed by any computer in a precinct to be
immediately accessible to all other computers at all other connected precincts in the state;
(3) provide for a printed voter's receipt, containing the voter's name, address of
residence, date of birth, voter identification number, the oath required by section 204C.10,
and a space for the voter's original signature;
(4) immediately alert the election judge if the statewide voter registration system
indicates that a voter has already voted at the election in another polling place, is ineligible
to vote, or the voter's registration status is challenged;
(5) automatically accept and input data from a scanned Minnesota driver's license or
identification card and match the data to an existing voter registration record, and permit
manual input of voter data, if necessary; and
(6) perform any other functions required for the efficient and secure administration
of an election, as required by law.
    Subd. 3. Costs. Costs to purchase and maintain electronic roster software, including
costs associated with maintaining the necessary secure data connections to the statewide
voter registration system, and the initial purchase of equipment shall be paid by the state.
Subsequent equipment maintenance and purchasing costs shall be paid by the county or
municipality through cost savings generated by the use of electronic roster technology.

    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
    Subd. 2. Separate precincts; combined polling place. (a) The following shall
constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be established no later than
May 1 of any year:
(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality that have a combined
total of fewer than 500 registered voters;
(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
(4) for noncontiguous precincts located in one or more counties.
A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than April 1 of any year.
The secretary of state shall provide a separate polling place electronic roster
connection for each precinct served by the combined polling place. A single set of election
judges may be appointed to serve at a combined polling place. The number of election
judges required must be based on the total number of persons voting at the last similar
election in all precincts to be voting at the combined polling place. Separate ballot boxes
must be provided for the ballots from each precinct. The results of the election must be
reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.

    Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.
(a) An individual seeking to vote shall sign a polling place roster or printed voter's
receipt, generated from an electronic roster which states that the individual is at least
18 years of age, a citizen of the United States, has resided in Minnesota for 20 days
immediately preceding the election, maintains residence at the address shown, is not
under a guardianship in which the court order revokes the individual's right to vote, has
not been found by a court of law to be legally incompetent to vote or has the right to vote
because, if the individual was convicted of a felony, the felony sentence has expired or
been completed or the individual has been discharged from the sentence, is registered
and has not already voted in the election. The roster must also state: "I understand that
deliberately providing false information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."
(b) A judge may, before the applicant signs the roster or receipt, confirm the
applicant's name, address, and date of birth.
(c) In precincts where a paper roster is used, after the applicant signs the roster, the
judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a
voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the
voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters'
receipts must be maintained during the time for notice of filing an election contest for 36
months following the date of the election.

    Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
individual who refuses to answer questions or sign a polling place roster or voter's receipt
as required by this section must not be allowed to vote. A challenged individual who
leaves the polling place and returns later willing to answer questions or sign a polling
place roster or voter's receipt must not be allowed to vote.

    Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
    Subd. 2. Voter registration. An individual may register to vote at a special primary
or special election at any time before the day that the polling place rosters for the special
primary or special election are prepared finally secured by the secretary of state for the
election. The secretary of state shall provide the county auditors with notice of this date
at least seven days before the printing of the rosters are secured. This subdivision does
not apply to a special election held on the same day as the state primary, state general
election, or the regularly scheduled primary or general election of a municipality, school
district, or special district.

    Sec. 8. [206A.01] APPLICABILITY.
This chapter applies to each designated election official who transmits election
records via teleprocessing lines to a centralized electronic roster maintained by the
secretary of state for the purpose of conducting an election and compiling complete returns.

    Sec. 9. [206A.02] DEFINITIONS.
    Subdivision 1. Definitions. The definitions in this section apply to this chapter.
    Subd. 2. Designated election official. "Designated election official" means the
county auditor or municipal clerk.
    Subd. 3. Elector data. "Elector data" means voting information, including, but not
limited to, voter registration, voting history, and voting tabulations.
    Subd. 4. Electronic roster. "Electronic roster" is a list of eligible electors in
electronic format who are permitted to vote at a polling place in an election conducted
under the Minnesota election law, which shall be processed by a computer at a precinct to
be immediately accessible to all other computers at all precincts in the county.
    Subd. 5. Teleprocessing lines. "Teleprocessing lines" means secure, dedicated
communication transmission facilities used for the purpose of transferring elector data
between precincts and a centralized computerized roster maintained by the secretary of
state, to ensure the security and integrity of voting information so that no deviation can
go undetected.

    Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY
PROCEDURES.
(a) The designated election official shall establish written security procedures
covering the transference of precinct teleprocessing information. The procedures must
include:
(1) security covering the transmission of elector data processed through the
electronic roster and reconciliation of the registration and history of voters casting ballots
in a precinct; and
(2) contingency procedures for network and power failure. The procedures must, at
a minimum, include procedures to address all single point failures including:
(i) network failure;
(ii) power failure that lasts less than one hour; and
(iii) power failure that lasts more than one hour.
(b) Acceptable alternatives for addressing power or system failures include either:
(1) a paper backup of the roster with the minimum information required to verify a
voter's eligibility; or
(2) a sufficient number of computers per precinct to ensure that the voter check-in
continues in an efficient manner. The computers must have the ability to function on
batteries or an external power source for up to two hours.
(c) Each computer must have an electronic backup of the current roster in one of the
following formats:
(1) a portable document file (PDF);
(2) a spreadsheet; or
(3) a database with a basic look-up interface.
In addition to acceptable backup roster procedures, the security procedures must
address contingency procedures to protect against activities such as voting twice.

    Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
(a) The designated election official shall submit to the secretary of state evidence
that the connection to an electronic roster is secure including details concerning encryption
methodology. In addition, the electronic roster must meet or exceed the standards provided
for in this section.
(b) Proven, standard algorithms must be used as the basis for encryption
technologies.
(c) If an electronic roster utilizes a Virtual Private Network (VPN), the following
apply:
(1) it is the responsibility of the county to ensure that unauthorized users are not
allowed access to internal networks;
(2) VPN use is to be controlled using either a onetime password authentication such
as a token device or a public/private key system with a strong passphrase;
(3) when actively connected to the network, VPNs must force all traffic to and from
the computer over the VPN tunnel and all other traffic must be dropped;
(4) dual (split) tunneling is not permitted; only one network connection is allowed;
(5) VPN gateways must be set up and managed by the county or its designee;
(6) all computers connected to internal networks via VPN or any other technology
must use up-to-date antivirus software; and
(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

    Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION
REQUIREMENTS.
    Subdivision 1. Standards. (a) The electronic roster system connection must contain
enough bandwidth to handle the processing time, taking into account secured transaction
method, for any computer on the system as follows:
(1) a maximum of five seconds to update voter activity;
(2) a maximum of 1.5 seconds to process a voter inquiry by identification number;
and
(3) a maximum of 45 seconds for session startup and password verification.
(b) The designated election official shall include in the security plan the system data
transfer requirements to completely process a single voter record. This must include at
least the following:
(1) the data stream information on both sending and receiving data for all points of
the transaction until the transaction is complete;
(2) information on all points where the connection is closed and the data stream
released between the remote computer and the server; and
(3) the proposed method of securing transmissions across public networks.
(c) The designated election official shall submit in the security plan a detailed list of
all precincts, with a proposed number of workstations connecting to the database and the
proposed connection, including bandwidth and security, for each location.

    Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING
PROCEDURES.
(a) The electronic roster application must be tested to ensure that it meets the
minimum system requirements prior to the first election in which it is used. The
application must also be tested after the implementation of any system modifications. The
county shall indicate in the subsequent security plan whether such retesting has occurred.
(b) The test must, at a minimum, include the following:
(1) a load test must be demonstrated through either 60 percent of actual computers
running at proposed bandwidth and security settings, or by simulating a load test;
(2) a contingency/failure test must be demonstrated and documented illustrating the
effects of failures identified in section 206A.03; and
(3) all tests must be conducted with clients and servers in normal, typical, deployed
operating mode.
(c) All records and documentation of the testing must be retained by the designated
election official for a period of 36 months as part of the election record. The testing record
and documentation must include, but is not limited to, the following:
(1) a formal test plan containing all test scripts used:
(i) the test plan must include test environment containing make, model, type of
hardware, and software versions used in testing; and
(ii) the test plan must also include the number of client computers, servers, and
physical locations involved in testing;
(2) test logs of all events that were observed during testing, including:
(i) the sequence of actions necessary to set up the tests;
(ii) the actions necessary to start the tests;
(iii) the actions taken during the execution of the tests;
(iv) any measurements taken or observed during the tests;
(v) any actions necessary to stop or shut down the tests;
(vi) any actions necessary to bring the tests to a halt; and
(vii) any actions necessary or taken to deal with anomalies experienced during
testing;
(3) performance logs and reports taken from both servers and workstations during
the testing which contain performance information of:
(i) network usage (bandwidth);
(ii) processor utilization;
(iii) Random Access Memory (RAM) utilization; and
(iv) any additional performance monitoring reports necessary to explain the process
taken and to support the findings of the tests; and
(4) all test logs must contain date, time, operator, test status or outcome, and any
additional information to assist the secretary in making a determination.

    Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR A
PRECINCT.
Except as provided in section 201.225, subdivision 1, the county auditor or municipal
clerk shall allocate a minimum of two computers to each precinct. Additional computers
may be allocated to a precinct as needed, at the expense of the county or municipality.

    Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.
(a) Written procedures and reports required by this chapter must be submitted to the
secretary of state for approval no later than 60 days before the election. The secretary of
state shall either approve the procedures as submitted or notify the designated election
official of recommended changes.
(b) If the secretary of state rejects or approves the written procedures, the secretary
of state shall provide written notice of the rejection or approval, including specifics of
noncompliance with this chapter within 15 days of receiving the written procedures.
(c) If the secretary of state rejects the written procedures, the designated election
official shall submit a revised procedure within 15 days thereafter.
(d) The secretary of state shall permit the filing of the revised procedures at a later
date if it is determined that compliance with the 15-day requirement is impossible.

    Sec. 16. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
    Subdivision 1. Soliciting near polling places. A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
a polling place or within 100 feet of the building in which a polling place is situated,
or anywhere on the public property on which a polling place is situated, on primary or
election day to vote for or refrain from voting for a candidate or ballot question. A person
may not provide political badges, political buttons, or other political insignia to be worn
at or about the polling place on the day of a primary or election. A political badge,
political button, or other political insignia may not be worn at or about the polling place on
primary or election day. This section applies to areas established by the county auditor or
municipal clerk for absentee voting as provided in chapter 203B.
The secretary of state, county auditor, municipal clerk, or school district clerk may
provide stickers which contain the words "I VOTED" and nothing more. Election judges
may offer a sticker of this type to each voter who has signed the polling place roster
or a voter's receipt.

    Sec. 17. EFFECTIVE DATE.
This article is effective June 1, 2012, and applies to elections held on or after that
date.

ARTICLE 4

RECOUNTS

    Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES
AGREE.
    Subdivision 1. Errors of election judges. If the candidates for an office
unanimously agree in writing that the election judges in any precinct have made an
obvious error in the counting or recording of the votes for that office, they shall deliver the
agreement to the county auditor of that county who shall reconvene the county canvassing
board, if necessary, and present the agreement to it. The county canvassing board shall
correct the error as specified in the agreement.
    Subd. 2. Errors of county canvassing board. If the candidates for an office
unanimously agree in writing that the county canvassing board has made an obvious error
in the counting and recording of the vote for that office they shall notify the county auditor
who shall reconvene the canvassing board. The county canvassing board shall promptly
correct the error as specified in the agreement and file an amended report. When an error is
corrected pursuant to this subdivision, the county canvassing board and the county auditor
shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.
    Subd. 3. Errors of State Canvassing Board. If the candidates for an office
unanimously agree in writing that the State Canvassing Board has made an obvious error
in the counting and recording of the vote for that office they shall deliver the agreement
to the secretary of state. If a certificate of election has not been issued, the secretary of
state shall reconvene the State Canvassing Board and present the agreement to it. The
board shall promptly correct the error as specified in the agreement and file an amended
statement. When an error is corrected pursuant to this subdivision by the State Canvassing
Board, the State Canvassing Board and the secretary of state shall proceed in accordance
with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

    Sec. 2. [204E.01] APPLICABILITY.
This chapter establishes procedures for the conduct of all automatic and discretionary
recounts provided for in law.

    Sec. 3. [204E.02] RECOUNT OFFICIALS.
(a) The secretary of state or secretary of state's designee is the recount official for
recounts conducted by the State Canvassing Board. The county auditor or auditor's
designee is the recount official for recounts conducted by the county canvassing board.
The county auditor or auditor's designee shall conduct recounts for county offices. The
municipal clerk or clerk's designee is the recount official for recounts conducted by the
municipal governing body. The school district clerk or clerk's designee is the recount
official for recounts conducted by the school board, or by a school district canvassing
board as provided in section 205A.10, subdivision 5.
(b) A recount official may delegate the duty to conduct a recount to a county auditor
or municipal clerk by mutual consent. When the person who would otherwise serve as
recount official is a candidate or is the employee or other subordinate, spouse, child,
parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling
of a candidate for the office to be recounted, the appropriate canvassing board shall select
a county auditor or municipal clerk from another jurisdiction to conduct the recount.
(c) As used in this chapter, "legal adviser" means counsel to the recount official and
the canvassing board for the office being recounted.

    Sec. 4. [204E.03] SCOPE OF RECOUNTS.
A recount conducted as provided in this chapter is limited in scope to the
determination of the number of votes validly cast for the office to be recounted. Only the
ballots cast in the election and the summary statements certified by the election judges
may be considered in the recount process. Original ballots that have been duplicated
under section 206.86, subdivision 5, are not within the scope of a recount and must not be
examined except as provided by a court in an election contest under chapter 209.

    Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
between the votes cast for the candidates for nomination to a statewide federal office,
state constitutional office, statewide judicial office, congressional office, state legislative
office, or district judicial office:
(1) is less than one-half of one percent of the total number of votes counted for
that nomination; or
(2) is ten votes or less and the total number of votes cast for the nomination is 400
votes or less, and the difference determines the nomination, the canvassing board with
responsibility for declaring the results for that office shall manually recount the vote.
(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office and the votes of any other candidate for that office:
(1) is less than one-half of one percent of the total number of votes counted for
that office; or
(2) is ten votes or less if the total number of votes cast for the office is 400 votes or
less, the canvassing board shall manually recount the votes.
(c) Time for notice of a contest for an office recounted under this section begins to
run upon certification of the results of the recount by the canvassing board, or as otherwise
provided in section 209.021.
(d) A losing candidate may waive a recount required by this section by filing a
written notice of waiver with the canvassing board.
    Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was
on the ballot for nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office may request a recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the difference required by this
section. The votes must be manually recounted as provided in this section if the candidate
files a request during the time for filing notice of contest of the primary or election for
which a recount is sought.
(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
an amount set by the filing officer for the payment of the recount expenses. The requesting
candidate is responsible for the following expenses: the compensation of the secretary of
state or designees, and any election judge, municipal clerk, county auditor, administrator,
or other personnel who participate in the recount; necessary supplies and travel related to
the recount; the compensation of the appropriate canvassing board and costs of preparing
for the canvass of recount results; and any attorney fees incurred in connection with the
recount by the governing body responsible for the recount.
(c) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).
(d) If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.
(e) If a result of the vote counting in the manual recount is different from the result
of the vote counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, the
cost of the recount must be paid by the jurisdiction conducting the recount.

    Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND
MUNICIPAL ELECTIONS.
    Subdivision 1. Required recounts. (a) Except as provided in paragraph (b), a
losing candidate for nomination or election to a county, municipal, or school district office
may request a recount of the votes cast for the nomination or election to that office if
the difference between the vote cast for that candidate and for a winning candidate for
nomination or election is less than one-half of one percent of the total votes counted for
that office. In case of offices where two or more seats are being filled from among all the
candidates for the office, the one-half of one percent difference is between the elected
candidate with the fewest votes and the candidate with the most votes from among the
candidates who were not elected.
(b) A losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for nomination or election to that
office if the difference between the vote cast for that candidate and for a winning candidate
for nomination or election is ten votes or less, and the total number of votes cast for the
nomination or election of all candidates is no more than 400. In cases of offices where two
or more seats are being filled from among all the candidates for the office, the ten-vote
difference is between the elected candidate with the fewest votes and the candidate with
the most votes from among the candidates who were not elected.
(c) Candidates for county offices shall file a written request for the recount with the
county auditor. Candidates for municipal or school district offices shall file a written
request with the municipal or school district clerk as appropriate. All requests must be
filed during the time for notice of contest of the primary or election for which a recount
is sought.
(d) Upon receipt of a request made pursuant to this section, the county auditor
shall recount the votes for a county office at the expense of the county, the governing
body of the municipality shall recount the votes for a municipal office at the expense of
the municipality, and the school board of the school district shall recount the votes for a
school district office at the expense of the school district.
    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
or election to a county, municipal, or school district office may request a recount in the
manner provided in this section at the candidate's own expense when the vote difference
is greater than the difference required by subdivision 1, paragraphs (a) to (d). The votes
must be manually recounted as provided in this section if the requesting candidate files
with the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in
an amount set by the governing body of the jurisdiction or the school board of the school
district for the payment of the recount expenses.
    (b) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by this paragraph.
    (c) If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.
    (d) If a result of the vote counting in the manual recount is different from the result
of the vote counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, the
cost of the recount must be paid by the jurisdiction conducting the recount.
    Subd. 3. Discretionary ballot question recounts. A recount may be conducted
for a ballot question when the difference between the votes for and the votes against the
question is less than or equal to the difference provided in subdivision 1. A recount may
be requested by any person eligible to vote on the ballot question. A written request for a
recount must be filed with the filing officer of the county, municipality, or school district
placing the question on the ballot and must be accompanied by a petition containing the
signatures of 25 voters eligible to vote on the question. Upon receipt of a written request
when the difference between the votes for and the votes against the question is less than or
equal to the difference provided in subdivision 1, the county auditor shall recount the votes
for a county question at the expense of the county, the governing body of the municipality
shall recount the votes for a municipal question at the expense of the municipality, and the
school board of the school district shall recount the votes for a school district question at
the expense of the school district. If the difference between the votes for and the votes
against the question is greater than the difference provided in subdivision 1, the person
requesting the recount shall also file with the filing officer of the county, municipality, or
school district a bond, cash, or surety in an amount set by the appropriate governing body
for the payment of recount expenses. The written request, petition, and any bond, cash,
or surety required must be filed during the time for notice of contest for the election for
which the recount is requested.
    Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a
discretionary recount, is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; necessary supplies and
travel related to the recount; the compensation of the appropriate canvassing board and
costs of preparing for the canvass of recount results; and any attorney fees incurred in
connection with the recount by the governing body responsible for the recount.
    Subd. 5. Notice of contest. Except as otherwise provided in section 209.021, the
time for notice of contest of a nomination or election to an office which is recounted
pursuant to this section begins to run upon certification of the results of the recount by the
appropriate canvassing board or governing body.

    Sec. 7. [204E.06] NOTICE.
Within 24 hours after determining that an automatic recount is required or within 48
hours of receipt of a written request for a recount and filing of a security deposit if one is
required, the official in charge of the recount shall send notice to the candidates for the
office to be recounted and the county auditor of each county wholly or partially within
the election district. The notice must include the date, starting time, and location of the
recount, the office to be recounted, and the name of the official performing the recount.
The notice must state that the recount is open to the public and, in case of an automatic
recount, that the losing candidate may waive the recount.

    Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.
(a) The official who has custody of the voted ballots is responsible for keeping
secure all election materials. Registration cards of voters who registered on election day
may be processed as required by rule. All other election materials must be kept secure by
precinct as returned by the election judges until all recounts have been completed and until
the time for contest of election has expired.
(b) Any candidate for an office to be recounted may have all materials relating
to the election, including but not limited to polling place rosters, voter registration
applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes,
applications for absentee ballots, precinct summary statements, printouts from voting
machines, and precinct incident logs inspected before the canvassing board may certify
the results of the recount.

    Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
All recounts must be accessible to the public. In a multicounty recount the secretary
of state may locate the recount in one or more of the election jurisdictions or at the site of
the canvassing board. Each election jurisdiction where a recount is conducted shall make
available, without charge to the recount official or body conducting the recount, adequate
accessible space and all necessary equipment and facilities.

    Sec. 10. [204E.09] GENERAL PROCEDURES.
At the opening of a recount the recount official or legal adviser shall present the
procedures contained in this section for the recount. The custodian of the ballots shall
make available to the recount official the precinct summary statements, the precinct boxes
or the sealed containers of voted ballots, and any other election materials requested by the
recount official. If the recount official needs to leave the room for any reason, the recount
official must designate a deputy recount official to preside during the recount official's
absence. A recount official must be in the room at all times. The containers of voted ballots
must be unsealed and resealed within public view. No ballots or election materials may be
handled by candidates, their representatives, or members of the public. There must be an
area of the room from which the public may observe the recount. Cell phones and video
cameras may be used in this public viewing area, as long as their use is not disruptive. The
recount official shall arrange the counting of the ballots so that the candidates and their
representatives may observe the ballots as they are recounted. Candidates may each have
one representative observe the sorting of each precinct. One additional representative per
candidate may observe the ballots when they have been sorted and are being counted
pursuant to section 204E.10. Candidates may have additional representatives in the public
viewing area of the room. If other election materials are handled or examined by the
recount officials, the candidates and their representatives may observe them. The recount
official shall ensure that public observation does not interfere with the counting of the
ballots. The recount official shall prepare a summary of the recount vote by precinct.

    Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
    Subdivision 1. Breaks in counting process. Recount officials may not take a break
for a meal or for the day prior to the completion of the sorting, counting, review, and
labeling of challenges, and secure storage of the ballots for any precinct. All challenged
ballots must be stored securely during breaks in the counting process.
    Subd. 2. Sorting ballots. Ballots must be recounted by precinct. The recount
official shall open the sealed container of ballots and recount them in accordance with
section 204C.22. The recount official must review each ballot and sort the ballots into
piles based upon the recount official's determination as to which candidate, if any, the
voter intended to vote for: one pile for each candidate that is the subject of the recount
and one pile for all other ballots.
    Subd. 3. Challenge. During the sorting, a candidate or candidate's representative
may challenge the ballot if he or she disagrees with the recount official's determination of
for whom the ballot should be counted and whether there are identifying marks on the
ballot. At a recount of a ballot question, the manner in which a ballot is counted may
be challenged by the person who requested the recount or that person's representative.
Challenges may not be automatic or frivolous and the challenger must state the basis
for the challenge pursuant to section 204C.22. Challenged ballots must be placed into
separate piles, one for ballots challenged by each candidate. Only the canvassing board
with responsibility to certify the results of the recount has the authority to declare a
challenge to be "frivolous."
    Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must
count the piles using the stacking method described in section 204C.21. A candidate or
candidate's representative may immediately request to have a pile of 25 counted a second
time if there is not agreement as to the number of votes in the pile.
    Subd. 5. Reviewing and labeling challenged ballots. After the ballots from
a precinct have been counted, the recount official may review the challenged ballots
with the candidate or the candidate's representative. The candidate's representative may
choose to withdraw any challenges previously made. The precinct name, the reason
for the challenge, and the name of the person challenging the ballot or the candidate
that person represents, and a sequential number must be marked on the back of each
remaining challenged ballot before it is placed in an envelope marked "Challenged
Ballots." After the count of votes for the precinct has been determined, all ballots except
the challenged ballots must be resealed in the ballot envelopes and returned with the other
election materials to the custodian of the ballots. The recount official may make copies
of the challenged ballots. After the count of votes for all precincts has been determined
during that day of counting, the challenged ballot envelope must be sealed and kept secure
for presentation to the canvassing board.

    Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
    Subdivision 1. Certification of results. The recount official shall present the
summary statement of the recount and any challenged ballots to the canvassing board.
The candidate or candidate's representative who made the challenge may present the
basis for the challenge to the canvassing board. The canvassing board shall rule on the
challenged ballots and incorporate the results into the summary statement. The canvassing
board shall certify the results of the recount. Challenged ballots must be returned to the
election official who has custody of the ballots.
    Subd. 2. Tie votes. In case of a tie vote for nomination or election to an office, the
canvassing board with the responsibility for declaring the results for that office shall
determine the tie by lot.

    Sec. 13. [204E.12] SECURITY DEPOSIT.
When a bond, cash, or surety for recount expenses is required by section 204E.04
or 204E.05, the governing body or recount official shall set the amount of the security
deposit at an amount which will cover expected recount expenses. In multicounty districts,
the secretary of state shall set the amount taking into consideration the expenses of the
election jurisdictions in the district and the expenses of the secretary of state. The security
deposit must be filed during the period for requesting an administrative recount. In
determining the expenses of the recount, only the actual recount expenditures incurred
by the recount official and the election jurisdiction in conducting the recount may be
included. General office and operating costs may not be taken into account.

    Sec. 14. REVISOR'S INSTRUCTION.
Except where otherwise amended by this article, the revisor of statutes shall
renumber each section of Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall make necessary cross-reference changes consistent with the
renumbering.

	Column A	Column B
	204C.34	204E.11, subdivision 2
	204C.35	204E.04
	204C.36	204E.05

    Sec. 15. REPEALER.
Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361,
and Minnesota Rules, parts 8235.0200; 8235.0300; 8235.0400; 8235.0600; 8235.0700;
8235.0800; 8235.1100; and 8235.1200, are repealed.

    Sec. 16. EFFECTIVE DATE.
This article is effective June 1, 2011, and applies to recounts conducted on or after
that date.