Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
H.F. No. 894 - S.F. No. 677 - Elections Omnibus Bill (Conference Committee Report)
 
Author: Senator Katie Sieben
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: May 19, 2013



 

Introduction

H.F. 894/S.F. 677 is the elections omnibus bill.  Article 1 provides for no-excuse absentee voting.  Article 2 makes various changes to election administration and procedures.  Article 3 relates to voting rights for convicted felons and data on voters used for election purposes.  Article 4 establishes an electronic poll book pilot project and sets up an electronic roster task force.  Article 5 modifies the process for filling vacancies in nominations for partisan and nonpartisan offices.

Article 1 – Absentee Voting

Section 1 clarifies procedures related to absentee voting by participants in the safe-at-home address confidentiality program.  A voter enrolled in the program is automatically sent on absentee ballot, rather than an absentee ballot application, prior to each election if the voter registers as a permanent absentee voter with the Secretary of State.

Section 2 makes conforming changes in the existing list of prohibited activities.

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 application for an absentee ballot before each election.  The voter must then automatically be provided an application for an absentee ballot for each election.  Permanent absentee status ends upon the occurrence of one of the specified events.  Individuals already listed as an ongoing absentee voter will keep that status.  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 updates a reference related to the time that absentee ballot envelopes may be opened, to conform to a change provided in section 8 of this article.

Section 7 updates a reference related to the time that absentee ballot envelopes may be opened, to conform to a change provided in section 8 of this article.

Section 8 allows accepted absentee ballot envelopes to be opened beginning after the close of business on the seventh day prior to the election, rather than the fourth day prior to the election as provided in current law.

Section 9 repeals Minnesota Statutes, section 203B.04, subdivision 6 (ongoing absentee ballot status).

Section 10 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 2 - Election Administration

Section 1 codifies senate district 39 as it appears in the order of the Minnesota Special Redistricting Panel issued on February 21, 2012.  The boundaries provided in the order for the House of Representative districts 39A and 39B are adjusted along the border of Stillwater City and Stillwater Township.  This section is effective January 1, 2014 for elections on or after that date.

Section 2 codifies senate district 49 as it appears in the order of the Minnesota Special Redistricting Panel issued on February 21, 2012. The boundaries provided in the order for the House of Representative districts 49A and 49B are adjusted along the border of Stillwater City and Stillwater Township.  This section is effective January 1, 2014 for elections on or after that date.

Section 3 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 4 removes a reference to a colored ballot and replaces it with a reference to the state general election ballot.

Section 5 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 6 clarifies and states the question to be placed on the ballot to consider consolidating school districts.

Section 7 lowers the number of individuals that a voter may vouch for on Election Day from 15 to 8.

Section 8 requires voter registration instructions to be available in an audio format instead of on a cassette tape.

Section 9 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 10 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 11 allows 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 12 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 13 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 14 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 15 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 16 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.

Section 17 permits a ballot board to include deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots.

Section 18 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 19 removes a reference to the state write-in absentee ballot for uniformed and overseas citizen absentee voters.

Section 20 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 21 prohibits a candidate from filing multiple affidavits of candidacy unless a previous affidavit is withdrawn. The affidavit misdemeanor provisions in section 645.241 do not apply to this section.

Section 22 removes requirements for having ballot boxes for each color of ballot.

Section 23 requires that a minimum of four election judges be appointed for each precinct at a state general election except that a minimum of three election judges must be appointed for each precinct with fewer than 500 registered voters. In all other elections, a minimum of three election judges must be appointed for each precinct.

Section 24 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 25 removes references to colored ballots.

Section 26 adjusts the timing for notice of filing for the state primary.

Section 27 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 28 removes references to colored ballots.

Section 29 expands the authorization for towns to conduct mail balloting by allowing for any town, regardless of size.  The current limit of 400 registered voters still applies to cities.  This applies to cities and town outside the seven-county metropolitan area.  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 30 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.  This section also modifies standards related to the use of deputy county auditors and deputy municipal clerks as members of the ballot board.

Section 31 requires notice of elections for ballot questions conducted by mail be given 74 days prior to the election, instead of 53 days.  Ballots must be ailed between 46 and 14 days before the election (instead of 30 and 14 days).  This section includes a provision related to the use of deputy county auditors, deputy municipal clerks, and deputy school district clerks as members of the ballot board.

Section 32 removes a reference to colored ballots.

Section 33 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 34, 35, and 36 remove references to colored ballots and colored ballot boxes.

Section 37 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 38 specifies that, for purposes of section 37, 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 39 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 40 removes a reference to colored ballots.

Section 41 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 42 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 43, 44, and 45 remove references to colored ballots.

Section 46 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 47 and 48 remove references to colored ballots.

Section 49 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 50 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 51 removes references to colored ballots and removes cross references.

Section 52 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 53 deletes a cross-reference to a subdivision repealed by this bill and replaces it with the appropriate cross-reference.

Section 54 prohibits a municipal special election on a ballot question from being held within 56 days after the state general election.

Section 55 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.

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

Sections 58 and 59 make ballot requirements the same for all cities and towns. References to colored ballots are removed.

Section 60 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 61 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 62 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.

Sections 63, 64, and 65 set the notice period before all school district elections to at least 74 days.  This accommodates the 46-day absentee period.

Section 66 removes a reference to colored ballots.

Section 67 provides that ballot boxes with precinct count voting systems are not required to have two compartments to receive ballots.

Sections 68 remove references to colored ballots.

Section 69 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 70 specifies no postelection review is required for a race that is recounted under section 204C.35.

Section 71 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 72 and 73 remove references to colored ballots.

Section 74 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 75 eliminates a requirement that the county pay the cost of any fair campaign practices act complaint that relates to an office or ballot question that is not voted on statewide.  The cost of these complaints is instead required to be paid from appropriations to the Office of Administrative Hearings for this purpose.

Section 76 modifies the ballot question that must be used when cities either start or stop issuing intoxicating liquor licenses.

Section 77 makes changes that conform to the modified ballot question in a later section.

Section 78 states the question that must appear on a ballot when a city votes on discontinuing the operation of a municipal liquor store.

Section 79 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 80 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 81 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 82 changes the filing period for hospital district offices to be 98 days to 84 days before the election.  A reference to colored ballots is removed.

Section 83 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 84 appropriates money to the Secretary of State to develop punctuality in the statewide voter registration system to facilitate processing and tracking of mail ballots.

Section 85 repeals Minnesota Statutes 2012, sections 204B.22, subdivision 2 (number of required election judges) and 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); and 205.17, subdivision 4 (describes colored ballots); and 205A.08, subdivision 4 (describes colored ballots); 208.07.

Article 3 - Voting Rights and Voting Data

Section 1 updates a cross-reference in the data practices act to reflect changes made by this article.

Section 2 relates to department of corrections data for election purposes. The commissioner of corrections must provide electronic data to the Secretary of State on individuals on probation for a felony offense that would result in the loss of civil rights, as indicated by the statewide supervision system. The types of data that must be provided are specified in the bill. The Secretary of State is required to use this data to verify data contained in the statewide voter registration system and to direct county auditors to make updates to voter records or contact the county attorney, as appropriate.

Section 3 requires a law enforcement agency that is notified by affidavit of an election law violation to promptly investigate.  Upon receiving an affidavit alleging a violation of election law, a county attorney must promptly forward it to a law enforcement agency for investigation. This replaces the current requirement that the county attorney investigate.

Section 4 requires the commissioner of corrections to provide the Secretary of State with a list of the names and mailing addresses of adult correctional facilities in Minnesota.  Absentee ballot applications received with one of these addresses must be rejected and a copy forwarded to the county attorney. The Department of Corrections is required to institute procedures to ensure that Minnesota absentee ballots are not received or mailed by offenders in one of these facilities. This section is effective June 15, 2013.

Section 5 provides that for the purpose of proving a violation of election laws, the signature of an individual on a polling place roster is evidence of the intent of the individual to vote at the election.

Section 6 allows the Secretary of State to access adult data in the Department of Corrections’ statewide supervision system in conformity with the requirements established earlier in the bill.

Section 7 appropriates money to the Secretary of State to administer this article.

Article 4 - Electronic Poll Book Pilot Project

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 5 - Vacancies in Nomination

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 vacancy 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 and applies to vacancies, on or after that date.

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 05/19/2013
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn