Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
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St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 677 - Elections Omnibus Bill (Second Engrossment)
 
Author: Senator Katie Sieben
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: May 2, 2013



 

S.F. 677 is the elections omnibus bill. Article 1 provides for redistricting of House districts within two Senate districts. Article 2 authorizes early voting starting 15 days before an election through the third day before the election. Article 3 authorizes no-excuse absentee voting. Article 4 modifies the process for filling vacancies in nomination for partisan and nonpartisan offices. Article 5 makes various changes to election administration and procedures. Article 6 modifies certain voter registration provisions and election administrative procedures for individuals who have been convicted of a felony. Article 7 moves primary elections to the first Tuesday after the third Monday in June. Article 8 establishes an electronic poll book pilot project and sets up an electronic roster task force. Article 9 appropriates money to the secretary of state and to the Legislative Coordinating Commission.

Article 1 - Redistricting

This article modifies the boundaries of House of Representatives districts 39A and 39B and districts 49A and 49B that were contained in the order of the Minnesota Special Redistricting Panel issued February 21, 2012.

Section 1, subdivision 1 codifies Senate District 39 as it appears in the order of the Minnesota Special Redistricting Panel. 

Subdivision 2 amends the boundaries of House of Representatives districts 39A and 39B along the border of Stillwater City and Stillwater Township.  Instead of using the district in the order of the Minnesota Special Redistricting Panel, the districts are as designated by the specified map that is on file with the Geographic Information Systems Office.

Section 2, subdivision 1 codifies Senate District 49 as it appears in the order of the Minnesota Special Redistricting Panel.

Subdivision 2 amends the boundaries of House of Representatives Districts 49A and 49B in Edina.  The order of the Minnesota Special Redistricting Panel is modified by the specified map that is on file with the Geographic Information Systems Office.

Section 3 repeals obsolete provisions regarding previous redistricting decisions.

Section 4 states that this article is effective for the state primary and state general election conducted in 2014 and for terms of office beginning on the first Monday in January, 2015, and for all elections thereafter.

Article 2 - Early Voting

This article requires early voting to be available for all primary, general, and special elections for federal, state, or county office.  The early voting period is 15 days prior to the election through 5:00 p.m. on the third day before the election.

Section 1 requires that the statewide voter registration system be able to provide reports necessary for early voting.

Section 2 provides that Minnesota Election Law applies to early voting unless otherwise specified.

Section 3 provides a definition of early voting.

Section 4 requires that local election official offices must be open from 8:00 a.m. to noon on the day before a federal, state, or county election.  For an election not held in conjunction with a federal, state, or county election, the office must be open from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. the day before a primary, special, or general election; this is the time period stated in current law.

Section 5 requires local governments that are administering early voting to establish a ballot board.

Section 6 requires the members of an early voting absentee ballot board to administer the provisions of early voting.  The ballot board must make a record of voters who cast ballots early.  The ballots must be counted in the same manner as absentee ballots.

Section 7 requires the county auditor or municipal clerk to record when a voter casts a ballot under the early voting procedures.  A voter whose record indicates they have cast an early ballot must not be allowed to cast another ballot in the election.  Absentee ballots are final at the start of the early voting period.  The auditor or clerk must also record information for early voters and absentee voters for county elections, in addition to the currently required elections.  Early votes must also be marked on the supplemental report required by current law.

Section 8 allows accepted absentee ballots to be opened after the close of business on the day before the early voting period starts, instead of on the 4th day before the election.

Section 9 provides for an eligible voter to vote in person before Election Day in the manner provided in the article.

Section 10 states that the time period for early voting is 15 days before the election through 5:00 p.m. on the third day before the election.  This applies to every primary, general, and special election for federal, state, or county office.  All voters in line at 5:00 p.m. on the last day of early voting must be allowed to vote in the same manner as voters in line on Election Day.

Section 11 provides that early voting must be available between 8:00 a.m. and 4:30 p.m. on each weekday during the early voting period, from 8:00 a.m. to 8:00 p.m. on at least one weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays before the election.

Section 12 requires that early voting be available at polling places designated in county auditor offices in county-owned or operated buildings and at the municipal clerk’s office.  At least one voting station and one ballot marking device for disabled voters must be available at each polling place.  The county auditor must make an electronic ballot counter available in each polling place.

Section 13 requires the county auditor to notify voters on the days, times, and locations for early voting. The notice must be posted on county and municipal Web sites.  If there is no Web site, the notice must be published.

Section 14 requires each voter to sign the same certification election day that voters are required to sign before the voter gets a ballot.  An individual not registered to vote must follow current registration laws.  The voter may not leave the polling place with the ballot.  Ballots cast pursuant to this act must be processed and counted by a ballot board at the same time as absentee ballots.

Section 15 requires the county auditor to prepare and make available early voting election materials be made available to city clerks at least one day prior to the beginning of the early voting period.

Section 16 requires the computer program for an election to be completed and delivered to the election jurisdiction or county auditor at least 27 days prior to the election.

Section 17 requires testing of voting systems within 22 days before an election, instead of 14.

Section 18 provides that the article is effective when the Secretary of State certifies that both the statewide voter registration system has been modified to allow for the tracking of early voting and precinct voting equipment is able to handle new ballot styles, in which case the bill is effective for all elections held on or after August 1, 2014, or for elections held no less than 90 days after certification.

Article 3 - Absentee Voting

This article allows all voters to vote by absentee ballot without excuse or reason.

Section 1 amends existing absentee voting law so that any eligible voter may vote by absentee ballot without excuse.

Section 2 makes conforming changes in the existing list of prohibited activities. This section also adds references to early voting to conform with changes in Article 2.

Section 3 removes a cross-reference to the reasons for which a person may vote by absentee ballot.

Section 4 allows any eligible voter to apply to automatically receive an absentee ballot before each election.  The voter must then automatically be provided an absentee ballot for each election. Current law allows eligible voters to automatically receive absentee ballot applications.  Permanent absentee status ends upon the occurrence of one of the specified events.  This provision is similar to both the current permanent absentee voting provisions and the ongoing absentee voting provisions.

Section 5 deletes references to sending absentee ballot applications, which is no longer done because of changes made in section 4.

Section 6 requires county auditors to mail explanations of the changes and a new application to all voters with a permanent absentee ballot status or ongoing absentee ballot status.  A voter must return the application to maintain his or her status as a permanent absentee voter.  The county auditor must retain an electronic copy of the application until the voter’s permanent absentee status ends.

Section 7 repeals Minnesota Statutes, section 203B.04, subdivision 6 (ongoing absentee ballot status).

Section 8 provides that the article is effective on January 1, 2014 to voting at elections conducted on and after the date of the state primary in 2014.

Article 4 - Vacancies in Nomination

This article modifies the procedures in current law for filling a vacancy in nomination for partisan and nonpartisan offices.

Section 1 provides that a vacancy in nomination for a partisan office occurs when a candidate dies, withdraws within two days after the close of the filing period, or withdraws by filing an affidavit of withdrawal at least one day before the general election.  The affidavit of withdrawal must state that the candidate has been diagnosed with a catastrophic illness that will permanently and continuously incapacitate the candidate and prevent the candidate from performing the duties of the office sought. In addition to the affidavit, the candidate must submit a certificate verifying the candidate’s illness signed by at least two doctors.  The requirement of the certification by two doctors mirrors the language in current law that applies to constitutional officers.

Section 2 provides that, except for a vacancy in the office of the lieutenant governor, a major political party must have a procedure in its governing rules to fill a vacacny in nomination caused by its candidate's death or withdrawal. This section also specifies the procedures and timeline for filing a vacancy in nomination for partisan office.  The procedures and timelines depend on the timing of the vacancy.  If the vacancy occurs on or before the 79th day before the general election, the major political party must file a nomination certificate no later than 71 days before the general election.  The candidate nominated must appear on the general election ballot.  If the vacancy occurs after the 79th day before the general election, the ballot is not changed and that race is not counted.  Instead, the office must be filled at a special election in February.

If a special election is required, the major political party of the candidate that died or withdrew may file a nomination certificate within seven days after the general election.  All other candidates whose name appeared on the general election ballot must appear on the special election ballot; no new filings are permitted.  There is no primary.  The county auditor or municipal clerk must post a notice in each precinct on Election Day that informs voters of the reasons for the vacancy and the procedures for filling the position by a special election.

Section 3 provides that a vacancy in nomination caused by the withdrawal of the candidate during the regular withdrawal period triggers a new five-day filing period and a two-day withdrawal period.

Section 4 provides for a vacancy in nomination for a major political party in the race for governor or lieutenant governor.  If a vacancy in nomination occurs in the race for governor, the political party must nominate a candidate for both governor and lieutenant governor.  If the vacancy in nomination occurs in the race for lieutenant governor, the candidate for governor shall select the candidate for lieutenant governor.

If a vacancy in nomination occurs in the race for lieutenant governor occurs on or before the 79th day before the general election, the name of the lieutenant governor candidate must be submitted  by the candidate for governor no later than 71 days before the general election.  If the vacancy for lieutenant governor occurs after the 79th day before the general election, the governor must submit the name of the candidate for lieutenant governor within seven days, but no change is made to the general election ballot.  In the latter situation, the county auditor or municipal clerk must post a notice in each precinct on Election Day that informs voters that the race for lieutenant governor will be counted.

Section 5 sets the date of the special election to be on the second Tuesday in February in the year following the year the vacancy in nomination occurred.

Section 6 establishes standards for transmission of absentee ballots to voters when a special election is required.

Section 7 provides an appropriation to the Secretary of State to cover costs of a special election.

Section 8 creates a new subdivision on vacancies in nomination in nonpartisan offices.  Some of the text mirrors current law.  New language is added that applies when a candidate for a nonpartisan office, other than a judicial office, dies more than 79 days before the general election. 

Section 9 provides a conforming cross-reference in the section of statute governing special elections due to a vacancy in legislative office.

Section 10 repeals two subdivisions of statute related to vacancies in nomination, which are replaced or superseded by new provisions included in the bill.

Section 11 provides this article is effective the day following final enactment.

Article 5 - Election Administration

This article amends provisions relating to election administration, including expanding authorization for cities and towns to conduct mail balloting; amending the thresholds for election recounts paid for with public funds; requiring training for polling-place challengers; adopting the Uniform Presidential Electors Act; and modifying 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 conform to the use of optical scan ballots.

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

Section 3 changes the soil and water conservation district redistricting section to be consistent with Minnesota Statutes, section 204B.135. That statute requires soil and water conservation districts to be redistricted within 80 days of the time when the legislature has been redistricted or at least 15 weeks before the state primary election, whichever comes first. 

Section 4 clarifies and states the question to be placed on the ballot to consider consolidating school districts.      

Section 5 requires voter registration instructions to be available in an audio format instead of on a cassette tape.

Section 6 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 7 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 8 requires the Secretary of State to determine if a person listed either on the Social Security Death Index or on a  report from the vital records department of another state is registered to vote.

Section 9 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 10 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 11 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 12 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.  This requirement is in current law.

Section 13 provides that a voter may vote by absentee ballot in person during the 46 days before any election, except that the period is lowered to 30 days before a town election held in March.  A voter cannot cast an in-person absentee ballot during the early voting period.

Section 14 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. References are added to early voting to conform with Article 2.

Section 15 removes a reference to the state write-in absentee ballot for uniformed and overseas citizens absentee voters.

Section 16 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 17 prohibits a candidate from filing multiple affidavits of candidacy. The affidavit misdemeanor provisions in section 645.241 do not apply to this section.

Section 18 adds references to alternate presidential electors to conform with changes made later in the article.

Section 19 removes requirements for having ballot boxes for each color of ballot.

Section 20 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 21 provides that a minimum of three election judges must be appointed in precincts with fewer than 500 registered voters.

Section 22 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 23 removes references to colored ballots.

Section 24 adjusts the timing for notice of filing for the state primary.

Section 25 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 26 removes references to colored ballots.

Section 27 expands the authorization for cities and towns to conduct mail balloting by allowing for any town, regardless of size, or by any city with fewer than 1,000 registered voters.  (In current law, a city or town having fewer than 400 registered voters may conduct mail balloting.)  The town or city must not be located within a metropolitan county.  This section also allows the governing body of a town or city to designate an individual precinct for mail balloting if the precinct has fewer than 100 registered voters; in current law, the limit is 50 registered voters.

Section 28 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 29 requires notice of elections for ballot questions conducted by mail be given 74 days prior to the election, instead of 53 days.

Sections 30 and 31 specify that a challenger may only remain in a polling place for an authorized purpose.

Section 32 requires challengers to complete one hour of training before serving as a challenger.  The training must be approved by the Secretary of State and cover specified topics.  An individual that successfully completes the training must be given a certificate to present at the polling place prior to serving as a challenger.

Section 33 allows a head election judge to order another election judge to leave the polling place for failure to comply with specified requirements. In addition to the currently prohibited actions, a challenger may not use an electronic communication device in the polling place or interfere with an election judge performing official election duties. Challengers are required to sign a form acknowledging these prohibited activities.

Section 34 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 35, 36, and 37 remove references to colored ballots and colored ballot boxes.

Section 38 amends the recount thresholds for publicly funded recounts for federal offices, state constitutional offices, statewide judicial offices, congressional offices, state legislative offices, and district judicial offices.  The current threshold is one-half of one percent of the total number of votes counted or ten votes in races where 400 votes or less were cast.  The bill keeps this threshold for state legislative offices.  For federal offices, state constitutional offices, statewide judicial offices, congressional offices, and district judicial offices, the threshold is changed to less than one-quarter of one percent or ten votes or less in races where 400 votes or less were cast.

After the results are canvassed, the filing officer must notify any candidate that qualifies for a recount at public expense.  In order to have the race recounted, the candidate must submit a written request to the filing officer within 48 hours after the canvass of the election.  This is a change from current law where a recount is automatic if the threshold is met.

Section 39 specifies that, for purposes of section 38, the filing officer is the county auditor for state offices voted on in only one county.  The Secretary of State is the filing officer for all other federal and state offices.

Section 40 amends the recount threshold for publicly funded recounts for county, municipal, or school district offices.  The current threshold is one-half of one percent of the total votes counted for the office or ten votes or less in races where 400 votes or less were cast.  The bill determines the recount threshold based on how many votes were cast for a race.  In races where 50,000 or more votes are cast, the threshold is one-quarter of one percent.  In races where more than 400 and less than 50,000 votes are cast, the threshold is one-half of one percent.  In races where 400 or less votes were cast, the threshold is ten votes or less.

Section 41 removes a reference to colored ballots.

Section 42 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 transmitted to the Secretary of State. References to partisan and nonpartisan primary ballots are removed.

Section 43 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 44, 45, and 46 remove references to colored ballots.

Section 47 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 48 and 49 remove references to colored ballots.

Section 50 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 51 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.

Section 52 removes references to colored ballots and removes cross references.

Section 53 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 54 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 61.

Section 55 prohibits a municipal special election on a ballot question from being held within 56 days after the state general election.

Section 56 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 57 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 58 and 59 set the notice period before all municipal elections to at least 74 days.  This accommodates the 46-day absentee period.

Sections 60 and 61 make ballot requirements the same for all cities and towns. References to colored ballots are removed.

Section 62 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.  This codifies a session law from 1994.

Section 63 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.  This accommodates the 46-day absentee period.

Section 64 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 65 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 66, 67, and 68 set the notice period before all school district elections to at least 74 days.  This accommodates the 46-day absentee period.

Section 69 removes a reference to colored ballots.

Section 70 provides that ballot boxes with precinct count voting systems are not required to have two compartments to receive ballots.

Sections 71 remove references to colored ballots.

Section 72 provides the postelection review must not begin before the 11th day after the state general election and must be completed no later than the 18th day after the general election. Ballots to be reviewed for a precinct include ballots counted at the polling place and centrally counted absentee ballots for that precinct.

Section 73 specifies no postelection review is required for a race that is recounted under section 204C.35.

Section 74 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 75 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 76 and 77 make conforming changes by adding references to alternate presidential electors.

Sections 78 and 79 remove references to colored ballots.

Section 80 deletes provisions relating to selecting alternate electors.  A cross reference is added to the new procedures for alternate presidential electors established later in the bill.

Section 81 provides the short title for specified sections, which is the “Uniform Faithful Presidential Electors Act.”

Section 82 provides definitions for the Uniform Faithful Presidential Electors Act.

Section 83 requires a political party or presidential candidate to submit the names of two individuals for each elector position.  One individual must be designated “elector nominee” and the other as “alternate elector nominee.”

Section 84 specifies the pledge that each elector nominee and alternate elector nominee must take.  The pledge states that the elector nominee or alternate elector nominee will support the candidate of the party, or unaffiliated candidate, that made the nomination.  The executed pledge must be submitted, with the corresponding names, to the Secretary of State.

Section 85 requires the governor to include specified information in the certificate of ascertainment, which is required by federal law as part of the Electoral College voting process. (A certificate of ascertainment lists the names of the electors, and substitute electors, nominated to the Electoral College and the vote totals received by each at the general election.) 

Section 86 requires the Secretary of State to preside at the meeting of the state’s electors held to cast ballots for president and vice-president.  A process is provided to appoint an individual as a substitute elector, if necessary.

Section 87 requires the Secretary of State to provide each elector with a presidential and a vice-presidential ballot.  The elector must mark the ballots and then sign and print his or her name on each. Each elector must present the completed ballots to the Secretary of State, who must examine and accept the ballots.  The Secretary of State must not accept or count a ballot if the elector has not marked both ballots or has marked a ballot in violation of his or her pledge.  A vacancy is created if an elector that refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector’s pledge.

Section 88 requires the Secretary of State to prepare an amended certificate of ascertainment and transmit it for the Governor’s signature if any of the electors are different from those listed in the original certificate.  The governor must sign the amended certificate and return it to the Secretary of State.  The Secretary of State must prepare a certificate of vote and the electors must sign the certificate.  The Secretary of State must then process and transmit the signed certificate with the amended certificate.

Section 89 requires consideration to be given to uniformity of interpretation when applying these statutes with respect to the application and interpretation of the statutes in other states that have adopted this uniform law.

Section 90 makes a conforming change by adding a reference to alternate presidential electors.

Section 91 allows any size and number of noncommercial signs (i.e. campaign 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 92 provides that the cost of considering fair campaign practices complaints must be paid from appropriations to the Office of Administrative Hearings, unless otherwise provided.

Section 93 modifies the ballot question that must be used when cities either start or stop issuing intoxicating liquor licenses.

Section 94 makes changes that conform to the modified ballot question in section 93.

Section 95 states the question that must appear on a ballot when a city votes on discontinuing the operation of a municipal liquor store.

Section 96 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 97 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 98 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 99 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 100 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 101 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 (describes colored ballots); 205.17, subdivision 2 (provides different election procedures for first class cities than for all other cities); 205.17, subdivision 4 (describes colored ballots); and 205A.08, subdivision 4 (describes colored ballots); 208.07 (certificates of elections); and 208.08 (electors meetings).

Article 6 - Loss and Restoration of Voting Rights

The article modifies certain voter registration provisions and election administrative procedures for individuals who have been convicted of a felony.

Section 1 provides that the use and classification of felony offender data made available to the Secretary of State is governed by the specified election law provision.

Section 2 requires a county auditor who believes an individual applying to register to vote is ineligible to register based on records received from a public entity to notify that individual.  The auditor must give the reason why that person is ineligible to register and that the individual will not be registered unless he reaffirms his eligibility in writing.

Section 3 strikes a reference to the Help America Vote Act.  This section lowers the penalty for registration by ineligible voters from a felony to a misdemeanor if the individual does not actually vote.  If the individual registers and then casts a vote, the crime remains a felony.  Creates an affirmative defense against the misdemeanor crime if the person requests, in writing, that the auditor withdraw the registration, and if the individual has not voted since the registration application was submitted.

Section 4, subdivision 1 expands the provision in election law that requires the Commissioner of Corrections to provide electronic data to the Secretary of State on felons in prison to include persons on probation for felony offenses.  The data must include the offender’s last known residential address that is not a correctional facility.

Subdivision 2 requires the Commissioner of Corrections to provide the Secretary of State with a list of offenders on probation or supervised release.  The list must also include the names of offenders who were discharged from their sentence since the last election who have not reoffended.  Data on the offenders must include name, date of birth, last known residence that is not a correctional facility and, if available, the offender’s state corrections ID number, drivers license or state ID, whether the offender has been discharged and the date of discharge. The Secretary of State must notify the offenders on the list that either they are not eligible to vote or, if discharged, they are eligible to vote.

Subdivision 3  provides data submitted to the Secretary of State is private and may only be used or disseminated for the stated purposes.

Section 5 expands  current law requiring county attorneys, upon notification by affidavit,  to investigate alleged voter fraud to include all law enforcement agencies.  Strikes the mandatory prosecution by the county attorney under penalty of a misdemeanor charge and loss of office.  Instead, if a county attorney finds probable cause for a prosecution, the county attorney shall proceed in accordance with the second edition of the National Prosecution Standards published by the National District Attorneys Association.

Section 6 requires the Commissioner of Corrections to provide the Secretary of State a list of the addresses of all the correctional facilities in the state that house only felons.  Requires the Secretary of State to forward any application for an absentee ballot from an address on the list to the county attorney for investigation.  Requires the Department of Corrections to develop procedures whereby absentee ballots are not received or mailed from prison.  This section is effective June 15, 2013. 

Section 7 provides that for purposes of proving voter fraud, the signature of an individual on a polling place roster is prima facie evidence of the intent to vote.  A reference to colored ballots is stricken.

Section 8 provides that data from the statewide supervision system submitted to the Secretary of State are private and may be used only for the purposes of section 3.

Section 9 requires written notice to all adult felons placed on probation that they can’t vote during the period they are under correctional supervision.  All felons must acknowledge, by signature, receipt of the notice.

Article 7 - June Primary

This article moves the state primary election to the first Tuesday after the third Monday in June.  Local governments that hold primary elections must also hold their primary elections on the same date.  Conforming changes are made.

Section 1 amends the deadline by which a combined polling place may be established and by which a precinct may withdraw from a combined polling place.

Section 2 amends the deadline for any changes to be made to election precincts.

Section 3 amends the deadline by which political parties must prepare a list of eligible election judges and the deadline by which the Secretary of State must provide the list to counties.

Section 4 provides that the state primary will be held on the first Tuesday after the third Monday in June.

Section 5 amends the deadline by which the Secretary of State must supply county auditors with an example ballot.

Section 6 amends the definition of the regular state primary to conform to the new date.

Section 7 requires a municipality that holds a primary election to hold it on the same day as the state primary.

Sections 8 and 9 make conforming changes to the deadline by which a city or school district may choose to have a primary election.

Section 10 requires a school district that holds a primary election to hold it on the same day as the state primary.

Section 11 amends filing period provisions for school boards to reflect the new date of the primary.

Section 12 amends provisions on the notice of school district special elections to reflect the new date of the primary.

Section 13 moves the date on the number of voters is benchmarked in regards to the rotation of candidate names on a ballot. 

Section 14 amends the deadline by which a municipal clerk must submit an electronic voting system plan.

Section 15 provides that this article is effective January 1, 2016, and applies to elections conducted on or after that date.

Article 8 - Electronic Poll Book Pilot Project

This article establishes a pilot project to use electronic rosters in city elections in 2013.  The pilot project will look at using electronic rosters to process Election Day registration, verify voter registration status, or both.  This article also establishes an electronic roster task force to look at using electronic rosters statewide for conducting elections.

Section 1 establishes an electronic roster pilot project.  Subdivision 1 establishes a pilot project to explore the use of electronic rosters in conducting elections.  The pilot project allows participating jurisdictions to use electronic rosters to process Election Day registration, to verify voter registration status, or both.  The pilot project applies to cities with elections in 2013.

Subdivision 2 specifies the cities that may participate. Cities may select individual precincts to participate and are not required to use electronic rosters in all precincts.

Subdivision 3 lists the technology requirements that the roster and supporting technology must meet.  The roster and computer must be able to be loaded with data files and export data files; allow for data to be entered by scanning a driver’s license or state ID card to populate a voter registration application; print voter’s signature certificates for voter’s to sign; alert the election judge if a voter has already voted; provide instructions on how to resolve challenges, and perform other necessary functions.

Subdivision 4 provides that unless otherwise specified, all other election laws apply to precincts participating in the pilot project.

Subdivision 5 requires voter signature cards and registration applications printed from the roster must be retained in the same manner as other election records.  Data on Election Day registrants must be uploaded to the statewide voter registration system.

Subdivision 6 specifies that participating precincts may use electronic rosters for Election Day registration, to verify voter registration status, or both. In precincts using electronic rosters to verify registration status, the election judges must also use a paper roster.

Subdivision 7 requires the secretary of state to evaluate the pilot project and report to the legislature on the pilot project by January 31, 2014.  The report must include the specified information.

Subdivision 8 expires the pilot project the day after the report required in subdivision 7 is submitted.

Section 2 sets up an electronic roster task force.  Subdivision 1 provides that there will be 15 members representing the specified entities and constituencies.

Subdivision 2 provides that no one who has a financial interest in electronic roster technology is eligible to be a member of the task force.

Subdivision 3 provides the duties of the task force. The task force must research electronic roster; use of photographs received from the Department of Vehicle Services; ability to add photographs to a roster on election day; data security issues; ability of precincts statewide to connect an electronic roster to a secure network to access the statewide voter registration system; and the costs associated with using electronic rosters.

Subdivision 4 requires the secretary of state to convene the first meeting by July 1, 2013. The members of the task force then elect a chair and vice-chair from their membership.

Subdivision 5 provides for compensation for public members of the task force.

Subdivision 6 requires the Legislative Coordinating Commission to provide staff to facilitate the task force’s work.

Subdivision 7 requires the task force to submit a report to the legislature by January 31, 2014, summarizing its findings and listing recommendations on the implementation of electronic rosters statewide. The report must include draft legislation to implement the recommendations of the task force.

Subdivision 8 sunsets the task force the day following the submission of the report required under subdivision 7, or January 31, 2014, whichever is earlier.

Section 3 provides that this act is effective the day following final enactment.

Article 9 - Appropriations

This article appropriates money to the Legislative Coordinating Commission and the secretary of the state to carry out the purposes of the bill.

 
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