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S.F. No. 498 - Election Administration Modifications, as amended by the A-5 Amendment
 
Author: Senator Kent Eken
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: February 18, 2013



 

S.F. 498 modifies various aspects of election administration and election procedure, including streamlining procedures, standardizing timelines across elections, removing or amending obsolete provisions, and providing clarification.

Section 1 amends the process for a referendum on the discontinuance of a soil and water conservation district. When the Board of Water and Soil Resources receives a petition to terminate the district, it must notify the secretary of state and the appropriate county auditors at least 74 days before the state general election. The notice must include the text of the ballot question, which is dictated by statute. The ballot question is amended to be easier to read.

Section 2 removes a reference to a colored ballot and replaces it with a reference to the state general election ballot.

Section 3 requires voter registration instructions to be available in an audio format instead of on a cassette tape.

Section 4 removes the requirement specifying the number of public buildings that must be designated as places for voter registration prior to Election Day. The requirement specifying the number of available telecommunications devices for the deaf is also removed.

Section 5 specifies that a notice to a voter that has moved out of state regarding the voter’s status must not be mailed if a voter’s record is challenged due to a felony conviction, lack of US citizenship, legal incompetence, or court-ordered revocation of voting rights.

Section 6 removes the requirement that the secretary of state determine if a person on the Social Security Death Index is registered to vote. The secretary of state may determine if a person on the Social Security Death Index or on reports from vital records departments of other states is registered to vote.

Section 7 specifies that a notice of registration due to a name change must not be mailed to a voter whose record is challenged due to felony conviction, lack of US citizenship, legal incompetence, or court-ordered revocation of voting rights.

Section 8 requires the secretary of state to announce the date of the official state precinct caucus within two business days after the parties have agreed on the date, instead of making the announcement only on March 1. 

Section 9 requires that the designation or notice that a municipal clerk will administer absentee ballot also specify whether the clerk will also be responsible for the administration of the absentee ballot board.  If a city is located in more than one county, the city clerk may only administer absentee ballots if the clerk is designated by both counties, or notifies each county that the clerk will administer absentee voting. The county auditor must notify the secretary of state of the clerks who will administer absentee balloting.

Section 10 specifies that absentee ballots received on election day after the stated deadlines must be marked as late and not be delivered to the ballot board.

Section 11 provides that a voter may vote by absentee ballot in person during the 46 days before an election, except that in person absentee voters in town elections held in March may vote during the 30 days before the election.

Section 12 moves the language requiring that the counting of absentee ballots be public and not be revealed before the close of voting on election day to later in the same subdivision. The absentee ballot count must be recorded on one or more summary statements, which must be submitted to the county auditor or municipal clerk.

Section 13 removes a reference to the state write-in absentee ballot for uniformed and overseas citizens absentee voters.

Section 14 removes a reference to the year when annual reports were first required. Postelection reports provided by the secretary of state to the legislature must be organized by county, and no longer by county and precinct.

Section 15 prohibits a candidate from filing multiple affidavits of candidacy. A violation of this provision is not a crime.

Section 16 removes requirements for having ballot boxes for each color of ballot.

Section 17 requires that a minimum of four election judges be appointed for each precinct at a state general election. In all other elections, a minimum of three election judges must be appointed for each precinct.

Section 18 provides that a minimum of three election judges must be appointed in precincts with fewer than 500 registered voters.

Section 19 requires that the county auditor meet with or otherwise communicate with local election officials to review procedures for the election. This must occur at least 12 weeks before a regularly scheduled town general election in March and at least 18 weeks before all other general elections.

Section 20 removes references to colored ballots.

Section 21 adjusts the timing for notice of filing for the state primary.

Section 22 requires that absentee ballots to be prepared and delivered to election officials 46 days before an election, except for town elections in March for which ballots must be prepared and delivered at least 30 days before the election.

Section 23 removes references to colored ballots.

Section 24 requires notice of elections for offices that are conducted by mail be given at least 10 weeks before the election, instead of six weeks. Timelines for all regularly scheduled elections and special elections are separated.

Section 25 requires notice of elections for ballot questions conducted by mail be given 74 days prior to the election, instead of 53 days.

Section 26 removes a reference to colored ballots.

Section 27 allows a voter who is deaf, cannot speak English, or cannot understand spoken English to be assisted by an individual chosen by the voter.

Sections 28, 29, 30, and 31 remove references to colored ballots and colored ballot boxes.

Section 32 requires the county auditor to prepare a sample ballot for each precinct at least 46 days before the state primary. Electronic copes of the ballots must be submitted to the secretary of state. References to partisan and nonpartisan primary ballots are removed.

Section 33 removes references to partisan and colored ballots, which are no longer used. The names of candidates for all offices and all proposed constitutional amendment must be printed on the state general election ballot.

Sections 34, 35, and 36 remove references to colored ballots.

Section 37 removes references to colored ballots. This section specifies that at least 11 weeks before the state general election, the secretary of state must determine the order of the candidates who were nominated by petition.

Sections 38 and 39 remove references to colored ballots.

Section 40 removes references to colored ballots. Sample copies of ballots must be transmitted, which is more flexible than the current requirement that they be mailed.

Section 41 requires the county auditor to post sample ballots for each precinct at least 46 days before the state general election, instead of two weeks. The county auditor must also transmit an electronic copy of the sample ballots to the secretary of state. References to colored ballots are removed.

Sectiton 42 removes references to colored ballots and removes cross references.

Section 43 prohibits a special election for a vacancy in a state legislative office from being held four days before or four days after a holiday.

Section 44 deletes a cross-reference to a subdivision repealed by this bill and replaces it with a cross-reference to a subdivision that is amended in section 55.

Section 45 prohibits a municipal special election on a ballot question from being held within 56 days after the state general election.

Section 46 requires the municipal clerk’s office to be open to accept candidate filings from 1 p.m. to 5 p.m. on the last day of the filing period.

Section 47 allows a city to require a candidate for a city office who wants write-in votes for him or her to be counted to file a request to this effect at least a week before the general election.

Sections 48 and 49 set the notice period before all municipal elections to at least 74 days.

Sections 50 and 51 make ballot requirements the same for all cities and towns. References to colored ballots are removed.

Section 52 allows a school board to change the year in which the school district general election will be held. Provisions for the transition period are provided.

Section 53 prohibits school district special elections from being held 56 days before or after a regularly scheduled primary or general election conducted within the school district.

Section 54 provides that when more than one vacancy exists in an at-large school district office, voters must be instructed to vote for up to the number of vacancies to be filled.

Section 55 allows a school board to require a candidate for a school district office who wants write-in votes for him or her to be counted to file a request to this effect at least a week before the general election.

Sections 56, 57, and 58 set the notice period before all school district elections to at least 74 days.

Sections 59 and 60 remove references to colored ballots.

Sections 61 and 62 reduce the scope of post-election inspection of ballots and election materials by removing the requirement that ballots counted centrally by a ballot board be considered one precinct and by removing the requirement that the review must be conducted for US senator and US representative.

Section 63 requires the secretary of state to monitor and evaluate election procedures for at least one precinct in each congressional district, instead of at least four precincts.

Section 64 specifies that a single ballot title must be used in state elections. In odd-numbered years when both municipal and school district offices or questions appear on a ballot, a single ballot title must be used.

Sections 65 and 66 remove references to colored ballots.

Section 67 allows any size and number of noncommercial signs (i.e. election signs) to be posted beginning 46 days before the state primary until ten days after the state general election. Municipal ordinances may regulate the size and number of noncommercial signs at other times.

Section 68 requires costs of ballot questions or offices that are not statewide to be paid by the Office of Administrative Hearings.

Section 69 modifies the ballot question that must be used when cities either start or stop issuing intoxicating liquor licenses.

Section 70 makes changes that conform to the modified ballot question in section 74.

Section 71 states the question that must appear on a ballot when a city votes on discontinuing the operation of a municipal liquor store.

Section 72 amends the form of the question to be placed on a ballot for certain county actions. Formatting requirements that conflict with general election law are removed. The county board may call a special election on a question within 74 days after a resolution is adopted.

Section 73 prohibits hospital district special elections from being held 56 days before or after a regularly scheduled primary or general election conducted within the hospital district.

Section 74 requires notice of elections hospital district elections be given 74 days prior to the election, instead of 53 days. The county auditor must immediately provide notice to the secretary of state. Notice of an election must be posted at least two weeks before the election, instead of ten days.

Section 75 changes the filing period for hospital district offices to be 98 days to 84 days before the election. A hospital district may require a candidate for a hospital district office who wants write-in votes for him or her to be counted to file a request to this effect at least a week before the general election. A reference to colored ballots is removed.

Section 76 amends a special law relating to a hospital district in Yellow Medicine County to require hospital board elections to be conducted pursuant to state statutes.

Section 77 repeals Minnesota Statutes 2012, section 204B.42 (prohibits sample ballots from being printed on paper the same color as any official colored ballot); 204D.11, subdivisions 2 and 3 (prescribes colored ballots); 205.17, subdivision 2 (provides different election procedures for first class cities than for all other cities); 205.17, subdivision 4 (prescribes colored ballots); and 205A.08, subdivision 4 (prescribes colored ballots).

 

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