STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2004
_____________________
EIGHTY-SEVENTH DAY
Saint Paul, Minnesota, Wednesday, April 7,
2004
The House of Representatives convened at 8:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Daniel C. Nordin, Senior Pastor, Shepherd
of the Hills Lutheran Church, Hopkins, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Sykora was excused.
Olson, M., was excused until 8:35 a.m. Haas was excused until 9:15 a.m. Abrams was excused until 9:25 a.m. Lipman was excused until 10:05 a.m. Wasiluk was excused until 10:50 a.m. Hoppe was excused until 10:55 a.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Gunther moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
2, 2004
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Sviggum:
It is my honor to inform you that I have received, approved,
signed, and deposited in the Office of the Secretary of State the following
House Files:
H. F. No. 2878, relating to state observances;
designating Dr. Norman E. Borlaug World Food Prize Day.
H. F. No. 2105, relating to Iron Range Resources
and Rehabilitation; providing for the name of the agency.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2004 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2004 |
Date Filed 2004 |
1903 147 12:57
p.m. April 2 April
2
2878 148 1:00
p.m. April 2 April
2
40 149 12:50
p.m. April 2 April
2
2105 150 12:47
p.m. April 2 April
2
2063 151 12:40
p.m. April 2 April
2
Sincerely,
Mary
Kiffmeyer
Secretary
of State
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Sieben introduced:
H. F. No. 3165, A bill for an act relating to motor vehicle
sales tax; exempting school buses from the tax; amending Minnesota Statutes
2003 Supplement, section 297B.03.
The bill was read for the first time and referred to the
Committee on Taxes.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 1836, A bill for an act relating to the environment;
clarifying permitting for mineral tailing deposition into mine pits; amending
Minnesota Statutes 2002, section 116.0717.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House Files, herewith returned:
H. F. No. 2651, A bill for an act relating to corrections;
amending the Interstate Compact for Adult Offender Supervision by providing
procedures for retaking and reincarceration of parolees and probationers;
delaying the repeal of the interstate compact for the supervision of parolees
and probationers to provide more transition time for adoption of rules under
the new compact; amending Minnesota Statutes 2002, section 243.1605; Laws 2002,
chapter 268, section 8.
H. F. No. 2455, A bill for an act relating to corrections;
authorizing a five-level correctional facility classification system; amending
Minnesota Statutes 2003 Supplement, section 243.53, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 3005, A bill for an act relating to elections;
changing times for voting on changing county seats; amending Minnesota Statutes
2002, section 372.07.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 2903, 2609, 2387, 2342, 2299, 1614, 2453, 2422 and
2449.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2903, A bill for an act relating to local government;
increasing the threshold amount for towns required to have annual audits;
amending Minnesota Statutes 2002, section 471.697, subdivision 1.
The bill was read for the first time.
Kuisle moved that S. F. No. 2903 and H. F. No. 1843, now on the
Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2609, A bill for an act relating to education;
including a mental health community representative on a community transition
team; amending Minnesota Statutes 2002, section 125A.22.
The bill was read for the first time.
Seagren moved that S. F. No. 2609 and H. F. No. 2502, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2387, A bill for an act relating to crimes; treating
probation officers the same as correctional employees for purposes of certain
assaults; amending Minnesota Statutes 2002, section 609.2231, subdivision 1;
Minnesota Statutes 2003 Supplement, section 609.2231, subdivision 3.
The bill was read for the first time.
Johnson, S., moved that S. F. No. 2387 and H. F. No. 2352, now
on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2342, A bill for an act relating to county recorders;
providing that the county recorder may accept security deposits to guarantee
payment of charges; making conforming changes; amending Minnesota Statutes
2002, section 386.78.
The bill was read for the first time.
Adolphson moved that S. F. No. 2342 and H. F. No. 2431, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2299, A bill for an act relating to the environment;
providing for enforcement for certain aboveground petroleum storage tanks; modifying field citations procedures for petroleum
storage tanks; amending Minnesota Statutes
2002, section 115.071, subdivision 7; Minnesota Statutes 2003 Supplement,
section 116.073, subdivisions 1, 2.
The bill was read for the first time.
Hoppe moved that S. F. No. 2299 and H. F. No. 2365, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1614, A bill for an act relating to animals;
criminalizing certain harm caused to a service animal by a dog; requiring
restitution; clarifying civil liability; imposing a criminal penalty; amending
Minnesota Statutes 2002, section 609.226, subdivision 3, by adding a
subdivision.
The bill was read for the first time.
Kohls moved that S. F. No. 1614 and H. F. No. 1817, now on the
Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2453, A bill for an act relating to motor fuels;
regulating oxygenated gasoline; abolishing a fee and certain requirements and
powers of Department of Commerce relating to utility measuring equipment;
amending Minnesota Statutes 2002, section 239.791, subdivision 12, by adding a
subdivision; repealing Minnesota Statutes 2002, sections 239.12; 239.25.
The bill was read for the first time.
Dorman moved that S. F. No. 2453 and H. F. No. 2098, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2422, A bill for an act relating to the environment;
modifying regulation of certain PCB wastes; amending Minnesota Statutes 2002,
section 116.07, by adding a subdivision.
The bill was read for the first time.
Simpson moved that S. F. No. 2422 and H. F. No. 2500, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2449, A bill for an act relating to townships;
clarifying levy and spending authority; defining total revenue; amending
Minnesota Statutes 2002, sections 365.43, subdivision 1; 365.431.
The bill was read for the first time and referred to the
Committee on Taxes.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 3090.
H. F. No. 3090 was reported to the House.
Pursuant to rule 2.05, the Speaker excused Kelliher from voting
on the adoption of any amendments to H. F. No. 3090 that relate
to the Minnesota Historical Society.
Sertich, Murphy and Huntley moved to amend H. F. No. 3090, the
second engrossment, as follows:
Page 41, after line 30, insert:
"Sec. 57.
[181.785] [NONCOMPETE AGREEMENTS; BROADCAST EMPLOYERS.]
Any provision in an employment agreement between a broadcast
employer and an employee or prospective employee which prohibits the employee
or prospective employee from working in a specific geographic area for a specific
period of time after terminating employment with the broadcast employer is void
and unenforceable. For purposes of this
section, "broadcast employer" means a television station, television
network, radio station, or radio network.
[EFFECTIVE DATE;
APPLICABILITY.] This section is effective August 1, 2004, and applies to
agreements entered, renewed, or extended on or after that date."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Sertich et
al amendment and the roll was called.
There were 47 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Clark
Davids
Davnie
Dill
Dorn
Eken
Entenza
Goodwin
Greiling
Gunther
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Koenen
Lesch
Lieder
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Ruth
Sertich
Sieben
Slawik
Smith
Solberg
Swenson
Thao
Wagenius
Those who voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Hackbarth
Harder
Heidgerken
Holberg
Jacobson
Johnson, J.
Kelliher
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lindgren
Lindner
Magnus
Marquart
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Opatz
Osterman
Otto
Paulsen
Penas
Powell
Samuelson
Seagren
Seifert
Severson
Simpson
Soderstrom
Stang
Strachan
Thissen
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
H. F. No. 3090, A bill for an act relating to economic
development; reducing appropriations for economic development and certain other
programs; appropriating money for economic development and other programs;
modifying programs and practices; modifying provisions governing barbers and
cosmetologists; regulating petroleum testing and fees; creating a revolving
fund; modifying tobacco sales penalty provisions; granting extra unemployment
benefits for certain military reservists; transferring powers and funds;
renumbering sections; amending Minnesota Statutes 2002, sections 60A.14,
subdivision 1; 154.01; 154.02; 154.03; 154.04; 154.06; 154.07, as amended;
154.08; 154.11; 154.12; 154.161, subdivisions 2, 4, 5, 7; 154.18; 154.19;
154.21; 154.22; 154.23; 154.24; 154.25; 155A.01; 155A.02; 155A.03, subdivisions
1, 2, 7, by adding subdivisions; 155A.045, subdivision 1; 155A.05; 155A.07,
subdivisions 2, 8, by adding a subdivision; 155A.08, subdivisions 1, 2, 3;
155A.09; 155A.095; 155A.10; 155A.135; 155A.14; 155A.15; 155A.16; 177.23,
subdivision 7; 182.653, subdivision 9; 214.01, subdivision 3; 239.011, by
adding a subdivision; 239.101, subdivision 3; 326.975, subdivision 1; 327C.01,
by adding a subdivision; 327C.02, subdivision 2; 327C.04, by adding a
subdivision; 461.12, subdivision 2; 461.19; 462A.05, by adding a subdivision;
Minnesota Statutes 2003 Supplement, sections 116J.70, subdivision 2a;
116J.8731, subdivision 5; 214.04, subdivision 3; 462A.03, subdivision 13; Laws
2003, chapter 128, article 10, section 4, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 446A; repealing Minnesota Statutes 2002,
sections 155A.03, subdivisions 11, 13; 155A.04; 155A.06; Minnesota Statutes
2003 Supplement, section 239.101, subdivision 7; Minnesota Rules, part
2100.9300, subpart 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of
the bill and the roll was called. There
were 91 yeas and 40 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Howes
Huntley
Jacobson
Johnson, J.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otto
Ozment
Paulsen
Penas
Peterson
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Latz
Lesch
Lieder
Mahoney
Mariani
Nelson, M.
Otremba
Paymar
Pelowski
Pugh
Rukavina
Sertich
Sieben
Slawik
Thao
Thissen
Wagenius
Walker
The bill was passed and its title agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 1867.
H. F. No. 1867 was reported to the House.
Ozment moved to amend H. F. No. 1867, the second engrossment,
as follows:
Pages 5 to 9, delete sections 10 to 13
Pages 9 to 11, delete sections 15 to 17
Pages 12 and 13, delete section 19
Pages 13 and 14, delete section 21
Page 16, delete section 25
Pages 31 and 32, delete section 44
Adjust amounts accordingly
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Severson was excused between the hours of 10:45 a.m. and 1:55
p.m.
The Speaker called Boudreau to the Chair.
H. F. No. 1867, A bill for an act relating to state government;
appropriating money for environmental and natural resources purposes;
establishing and modifying certain programs; providing for regulation of
certain activities and practices; providing for accounts, assessments, and
fees; amending Minnesota Statutes 2002, sections 16A.125, by adding a
subdivision; 84.83, subdivision 3; 84.9257; 84.928, subdivision 2; 84A.51,
subdivision 2; 89.035; 97C.605, subdivision 2; 103F.225, subdivision 5; 115.06,
subdivision 4; 115.55, subdivision 9; 115A.12; 116.92, subdivision 4; 116P.12,
subdivision 1, by adding a subdivision; Minnesota Statutes 2003 Supplement,
sections 84.026; 115.551; 115A.072, subdivision 1; 115B.20, subdivision 2;
473.845, subdivision 1; Laws 2003, chapter 128, article 1, section 10;
proposing coding for new law in Minnesota Statutes, chapters 84; 89; 103G; 115;
116; repealing Minnesota Statutes 2002, section 115.55, subdivision 10.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 81 yeas and 50
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Ozment
Paulsen
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
The bill was passed, as amended, and its title agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 3141, as amended.
H. F. No. 3141, as amended, was reported to the
House.
Vandeveer, Mariani and Otto moved to amend H. F. No. 3141, the
first engrossment, as amended, as follows:
Pages 5 to 8, delete sections 4 to 10, and insert:
"Sec. 11. [160.95]
[TOLL FACILITIES PROHIBITED.]
Neither the commissioner nor a local road authority may
impose or authorize the imposition of a toll for the use of a bridge or a
highway or highway lane, except a toll may be imposed for a bridge entering or
leaving the state. This section does
not apply to (1) any toll that was being collected on January 1, 2004, or (2)
any toll authorized under section 160.93 that is collected on marked Interstate
highway No. 394."
Page 31, after line 13, insert:
"Sec. 38.
[REPEALER.]
Minnesota Statutes 2002, sections 160.84, 160.85, 160.86,
160.87, 160.88, 160.89, 160.90, 160.91, and 160.92, are repealed."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Vandeveer et
al amendment and the roll was called.
There were 55 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hackbarth
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rukavina
Seagren
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Harder
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, M.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Ozment
Paulsen
Penas
Powell
Rhodes
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Tingelstad
Urdahl
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Olson, M.; Holberg; Hackbarth; Pugh; Severson; Gerlach; Opatz;
Borrell; Westerberg; Anderson, B.; Jacobson and Abeler moved to amend H. F. No.
3141, the first engrossment, as amended, as follows:
Page 2, line 16, after the period, insert "In making this
reduction, the department shall attempt to do everything possible to extend the
NorthStar commuter coach services for another year, including but not limited
to possible fare increases."
Clark moved to amend the Olson, M., et al amendment to H. F.
No. 3141, the first engrossment, as amended, as follows:
Page 1, line 5, after "services" insert "and
regular route metro transit services"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 42 yeas
and 84 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Bernardy
Biernat
Carlson
Clark
Davnie
Ellison
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Johnson, S.
Juhnke
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Meslow
Mullery
Nelson, M.
Opatz
Osterman
Otto
Paymar
Rhodes
Samuelson
Sieben
Slawik
Solberg
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Huntley
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Otremba
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Pugh
Ruth
Seagren
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment to the amendment
was not adopted.
Hornstein moved to amend the Olson, M., et al amendment to H.
F. No. 3141, the first engrossment, as amended, as follows:
Page 1, line 5, after "services" insert "and
opt-out services"
The motion did not prevail and the amendment to the amendment
was not adopted.
The question recurred on the Olson, M., et al amendment to
H. F. No. 3141, the first engrossment, as amended. The motion
prevailed and the amendment was adopted.
Erickson moved to amend H. F. No. 3141, the first engrossment,
as amended, as follows:
Page 20, after line 28, insert:
"Sec. 20.
Minnesota Statutes 2002, section 169.87, subdivision 4, is amended to
read:
Subd. 4. [VEHICLE
TRANSPORTING MILK.] Until June 1, 2003 2005, a weight restriction
imposed under subdivision 1 by the commissioner of transportation or a local
road authority, or imposed by subdivision 2, does not apply to a vehicle
transporting milk from the point of production to the point of first processing
if, at the time the weight restriction is exceeded, the vehicle is carrying
milk loaded at only one point of production.
This subdivision does not authorize a vehicle described in this
subdivision to exceed a weight restriction of five tons per axle by more than
two tons per axle.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Buesgens; Zellers; Borrell; Johnson, J.; Beard; Krinkie;
Klinzing; Hoppe; Lindner; Davids; DeLaForest; Gerlach; Jacobson; Wilkin; Lipman
and Adolphson moved to amend H. F. No. 3141, the first engrossment, as amended,
as follows:
Page 31, after line 13, insert:
"Sec. 38.
[TRANSFER OF TRANSIT OPERATIONS.]
The Metropolitan Council is directed to prepare a proposal
for the 2005 legislature to provide for the operation of the metropolitan transit
system by nongovernmental entities under contract with the Department of
Transportation. The proposal must
include:
(1) a process by which the Department of Transportation
proposes to solicit and select bids for the operation of the transit system by
private entities;
(2) a proposal for the orderly transfer of existing
contracts and assets of the transit system to the selected transit operators;
(3) additional transit options, such as small vans,
shuttles, and express operators;
(4) a proposed timeline for the transfer to begin no later
than July 1, 2005, and providing for substantially all operations to be
transferred by July 1, 2006; and
(5) a plan to permit the Metropolitan Council to continue to
serve as the principal planning agency for transit operations in the
seven-county metropolitan area.
The Metropolitan Council will present the proposal to the
chair of the house committee on Local Government and Metropolitan Affairs and
the senate committee on State and Local Government Operations by December 15,
2004. The Metropolitan Council will
cooperate with the Department of Transportation in the preparation of the
proposal and will provide all records, data, contracts, and any other
information that may be necessary or useful in the preparation of the proposal.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
POINT OF ORDER
Ellison raised a point of order pursuant to rule 4.03, relating
to Ways and Means Committee; Budget Resolution; Effect on Expenditure and
Revenue Bills, that the Buesgens et al amendment was not in order. Speaker pro tempore Boudreau ruled the point
of order not well taken and the Buesgens et al amendment in order.
Clark, Mullery, Hornstein, Goodwin and Ellison moved to amend
the Buesgens et al amendment to H. F. No. 3141, the first
engrossment, as amended, as follows:
Page 2, after line 8, insert:
"The Metropolitan Council shall reinstate the labor
contract with Metropolitan Transit workers that existed prior to negotiations
for the rest of this contract period."
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 58 yeas
and 73 nays as follows:
Those who
voted in the affirmative were:
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Opatz
Osterman
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment to the amendment
was not adopted.
The Speaker resumed the Chair.
The question recurred on the Buesgens et al amendment and the
roll was called. There were 54 yeas and
78 nays as follows:
Those who voted in the affirmative were:
Adolphson
Anderson, B.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Davids
DeLaForest
Demmer
Dorman
Eastlund
Erickson
Finstad
Fuller
Gerlach
Haas
Heidgerken
Holberg
Hoppe
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lindgren
Lindner
Lipman
McNamara
Nelson, C.
Nelson, P.
Newman
Olsen, S.
Olson, M.
Paulsen
Penas
Powell
Samuelson
Seifert
Simpson
Soderstrom
Stang
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Carlson
Clark
Cornish
Cox
Davnie
Dempsey
Dill
Dorn
Eken
Ellison
Entenza
Erhardt
Goodwin
Greiling
Gunther
Hackbarth
Harder
Hausman
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Magnus
Mahoney
Mariani
Marquart
Meslow
Mullery
Murphy
Nelson, M.
Nornes
Opatz
Osterman
Otremba
Otto
Ozment
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Ruth
Seagren
Sertich
Sieben
Slawik
Smith
Solberg
Strachan
Swenson
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wasiluk
The motion did not prevail and the amendment was not adopted.
Lenczewski; Seagren; Eken; Larson; Anderson, I.; Erhardt;
Rhodes; Koenen; Osterman and Greiling moved to amend H. F. No. 3141, the first
engrossment, as amended, as follows:
Page 4, delete section 1
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Lenczewski et al amendment and
the roll was called. There were 56 yeas
and 74 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lipman
Mahoney
Mariani
Marquart
Murphy
Nelson, M.
Osterman
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Seagren
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lieder
Lindgren
Lindner
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Seifert moved to amend H. F. No. 3141, the first engrossment,
as amended, as follows:
Page 23, after line 19, insert:
"Sec. 24.
Minnesota Statutes 2002, section 171.13, subdivision 1, is amended to
read:
Subdivision 1.
[SUBJECTS TESTED.] Except as otherwise provided in this section, the
commissioner shall examine each applicant for a driver's license by such agency
as the commissioner directs. The
commissioner may not give the examination in any language other than English. This examination must include a test of
applicant's eyesight; ability to read and understand highway signs regulating,
warning, and directing traffic; knowledge of traffic
laws; knowledge of the effects of alcohol and drugs on a driver's ability to
operate a motor vehicle safely and legally, and of the legal penalties and
financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs;
knowledge of railroad grade crossing safety; knowledge of slow-moving vehicle
safety; knowledge of traffic laws related to bicycles; an actual demonstration
of ability to exercise ordinary and reasonable control in the operation of a
motor vehicle; and other physical and mental examinations as the commissioner
finds necessary to determine the applicant's fitness to operate a motor vehicle
safely upon the highways, provided, further however, no driver's license shall
be denied an applicant on the exclusive grounds that the applicant's eyesight
is deficient in color perception.
Provided, however, that war veterans operating motor vehicles especially
equipped for handicapped persons, shall, if otherwise entitled to a license, be
granted such license. The commissioner
shall make provision for giving these examinations either in the county where
the applicant resides or at a place adjacent thereto reasonably convenient to
the applicant."
Page 31, after line 13, insert:
"Sec. 38.
[REPEALER.]
Minnesota Rules, part 7410.4740, subpart A, is repealed."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Seifert amendment and the roll
was called. There were 49 yeas and 83
nays as follows:
Those who voted in the affirmative were:
Adolphson
Anderson, B.
Blaine
Borrell
Boudreau
Brod
Buesgens
Davids
DeLaForest
Erickson
Finstad
Fuller
Gerlach
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Kohls
Krinkie
Kuisle
Lindgren
Lindner
Magnus
Nelson, P.
Newman
Olsen, S.
Olson, M.
Paulsen
Penas
Powell
Seifert
Severson
Smith
Soderstrom
Stang
Strachan
Urdahl
Vandeveer
Walz
Wardlow
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Bradley
Carlson
Clark
Cornish
Cox
Davnie
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Goodwin
Greiling
Gunther
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lipman
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nornes
Opatz
Osterman
Otremba
Otto
Ozment
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Sertich
Sieben
Simpson
Slawik
Solberg
Swenson
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Westerberg
The motion did not prevail and the amendment was not adopted.
The Speaker called Boudreau to the Chair.
Hausman moved to amend H. F. No. 3141, the first engrossment,
as amended, as follows:
Page 2, line 40, delete "In each fiscal year"
Page 2, line 41, strike "2007" and insert "2005"
Page 3, after line 8, insert:
"(c) From July 1, 2005, through June 30, 2007, 30
percent of the money collected and received must be deposited in the highway
user tax distribution fund, 21.5 percent must be deposited in the metropolitan
area transit fund under section 16A.88, 1.43 percent must be deposited in the
greater Minnesota transit fund under section 16A.88, 0.65 percent must be
deposited in the county state-aid highway fund, and 0.17 percent must be
deposited in the municipal state-aid street fund. The remaining money must be deposited in the general fund."
Page 3, lines 9 to 16, delete the new language and reinstate
the stricken language
A roll call was requested and properly seconded.
The question was taken on the Hausman amendment and the roll
was called. There were 55 yeas and 78
nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Meslow
Mullery
Murphy
Nelson, M.
Osterman
Otremba
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Otto
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Hilty and Solberg moved to amend H. F. No. 3141, the first
engrossment, as amended, as follows:
Pages 26 to 28, delete sections 30 and 31
Pages 29 to 30, delete section 35
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Hilty and Solberg amendment and
the roll was called. There were 58 yeas
and 75 nays as follows:
Those who
voted in the affirmative were:
Abrams
Anderson, I.
Atkins
Bernardy
Biernat
Boudreau
Buesgens
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hackbarth
Hausman
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Latz
Lesch
Lieder
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Smith
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
Wasiluk
Those who
voted in the negative were:
Abeler
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Bradley
Brod
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Harder
Heidgerken
Holberg
Hoppe
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Kuisle
Lanning
Larson
Lenczewski
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen,
S.
Olson, M.
Opatz
Osterman
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Soderstrom
Stang
Strachan
Swenson
Tingelstad
Urdahl
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Opatz moved to amend H. F. No. 3141, the first engrossment, as
amended, as follows:
Page 4, after line 19, insert:
"Sec. 2. [ST.
CLOUD AREA TRANSPORTATION PLANNING DISTRICT PLAN.]
(a) The commissioner of transportation shall evaluate
the further development of the transportation component of the St. Cloud area
transportation planning district plan.
(b) The development of the transportation component shall
include, among other things:
(1) a resolution of the conceptual design for the area's
roadway and transit systems; and
(2) the feasibility and desirability of developing a beltway
around the St. Cloud area."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hornstein moved to amend H. F. No. 3141, the first engrossment,
as amended, as follows:
Page 31, after line 13, insert:
"Sec. 38. [TASK
FORCE.]
Subdivision 1.
[TASK FORCE CREATED.] A task force is created to study the present
and future of metropolitan and greater Minnesota transit financing. The task force must study and evaluate
alternative methods of providing secure and stable sources of transit
financing, including motor vehicle sales tax, state or regional sales taxes,
taxes on commercial/industrial property, and other sources.
Subd. 2.
[MEMBERSHIP.] The task force consists of nine members, appointed as
follows:
(1) the chairs of the house of representatives and senate
committees having jurisdiction over transportation finance;
(2) one member of the senate appointed by the senate
minority leader;
(3) one member of the house of representatives appointed by
the house minority leader;
(4) one member appointed by the chair of the Metropolitan
Council;
(5) three members appointed by the governor, one of whom
must represent transit stakeholders and one of whom must represent the business
community; and
(6) one member appointed by the commissioner of
transportation.
Subd. 3.
[REPORT.] The task force must report to the governor and legislature
by March 1, 2005, on its activities, findings, and recommendations."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Hornstein amendment and the roll
was called. There were 59 yeas and 73
nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Biernat
Buesgens
Carlson
Clark
Davids
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, C.
Nelson, M.
Opatz
Osterman
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Sieben
Slawik
Solberg
Thao
Thissen
Tingelstad
Wagenius
Walker
Wasiluk
Those who voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Cornish
Cox
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Mahoney moved to amend H. F. No. 3141, the first engrossment,
as amended, as follows:
Page 31, after line 13, insert:
"Sec. 38.
[REPEALER; EFFECTIVE DATE AND APPLICATION.]
Minnesota Statutes 2002, section 169.94, subdivision 1, is
repealed effective the day following final enactment for actions commenced on
or after that date."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Mahoney amendment and the roll
was called. There were 39 yeas and 93
nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Brod
Carlson
Davnie
Dill
Eken
Entenza
Goodwin
Greiling
Hausman
Hilty
Hornstein
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lieder
Mahoney
Mariani
Mullery
Murphy
Newman
Otremba
Peterson
Pugh
Rhodes
Rukavina
Sertich
Sieben
Slawik
Smith
Solberg
Thao
Wagenius
Walker
Those who voted in the negative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Beard
Biernat
Blaine
Borrell
Boudreau
Bradley
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Ellison
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hilstrom
Holberg
Hoppe
Howes
Huntley
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lindgren
Lindner
Lipman
Magnus
Marquart
McNamara
Meslow
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Powell
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Soderstrom
Stang
Strachan
Swenson
Thissen
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
H. F. No. 3141, A bill for an act relating to transportation;
reducing certain appropriations to the Department of Transportation, Department
of Public Safety, and Metropolitan Council; limiting certain deposits of
revenue from the motor vehicle sales tax; temporarily allowing money for
certain activities to be spent for bus transit; authorizing matching grant to
Duluth Port Authority; requiring commissioner of transportation to evaluate
principal arterial alignments surrounding the metropolitan area as part of
evaluation of second beltway; requiring evaluation of St. Cloud transportation
plan; requiring future use of highway centerline rumble strips; providing for
premium paratransit project; regulating toll facilities; requiring
consideration of presence of bus shoulder lanes when implementing sound
abatement measures for highways; modifying vehicle weight provisions; modifying
interstate vehicle registration provisions; modifying bond requirements for
trailer dealers; modifying vehicle certificate of title provisions pertaining
to dealers and authorizing a fee for deputy registrars; regulating uses of
recreational vehicle combinations; regulating speed limits and driver's
records; providing for duty of care by bus driver; regulating operation of
articulated buses; regulating day activity center buses; extending duration of
driver instruction permits to two years; modifying requirements for commercial
vehicle drivers; modifying driver's license fee provisions; requiring
background check for applicant for driver's license with hazardous materials endorsement;
promoting commuting by bicycle; requiring plan for county ten-ton highway
system; modifying provisions relating to public safety radio communications
operators; regulating use of traffic citations; requiring preparation of
20-year state aviation plan; including the Division of Driver and Vehicle
Services in the definition of appropriate agency for purposes of certain
property forfeitures; authorizing rulemaking; requiring a report; appropriating
money; amending Minnesota Statutes 2002, sections 160.85, subdivisions 1, 3a;
160.86; 160.87, by adding a subdivision; 161.125, subdivision 3; 168.187, by
adding a subdivision; 168.27, subdivision 24; 168A.11, subdivisions 1, 2;
169.01, subdivision 78; 169.14, by adding a subdivision; 169.448, by adding a subdivision;
169.81, subdivision 3c, by adding a subdivision; 169.824, subdivision 2;
169.87, subdivision 4; 169.99, subdivision 1b; 171.05, subdivisions 1, 2;
171.12, subdivision 6; 171.165, subdivisions 1, 4, by adding a subdivision;
174.03, by adding a subdivision; 179A.03, subdivision 7; 179A.10, subdivision
2; 299D.08; 360.015, by adding a subdivision; 609.531, subdivision 1; Minnesota
Statutes 2003 Supplement, sections 168.013, subdivision 3; 169.86, subdivision
5; 171.20, subdivision 4; 297B.09, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 160; 169; 171; 174; repealing Minnesota
Statutes 2002, sections 169.685, subdivision 4.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 83 yeas and 50
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Beard
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Eken
Erhardt
Erickson
Finstad
Fuller
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Huntley
Jacobson
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lieder
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Newman
Nornes
Olsen, S.
Olson, M.
Opatz
Ozment
Paulsen
Penas
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Ellison
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Osterman
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rhodes
Rukavina
Seagren
Sertich
Sieben
Slawik
Thao
Thissen
Wagenius
Walker
Wasiluk
The bill was passed, as amended, and its title agreed to.
Seagren was excused for the remainder of today's session.
Biernat was excused between the hours of 3:15 p.m. and 4:15
p.m.
CERTIFICATION
PURSUANT TO RULE 4.03
ON
FINANCE AND REVENUE BILLS
April
7, 2004
Edward A. Burdick
Chief Clerk of the House of
Representatives
The State of Minnesota
Dear Mr. Burdick:
House Rule 4.03 requires the Chair of the Committee on Ways and
Means to certify to the House of Representatives that the Committee has
reconciled any finance and revenue bills with the budget resolution and
targets.
Please accept this letter as certification that H. F. No. 2684,
the Omnibus State Government Finance bill, reconciles with the budget
resolution and targets.
Sincerely,
Representative
Jim Knoblach
Chair,
House Ways and Means Committee
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 2684.
H. F. No. 2684 was reported to the House.
Haas moved to amend H. F. No. 2684, the second engrossment, as
follows:
Page 20, lines 28 and 29, delete "paragraph (b),"
Page 49, delete lines 12 and 13 and insert:
"Minnesota Statutes 2002, sections 211A.08 and 211B.16,
are repealed."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Osterman moved to amend H. F. No. 2684, the second engrossment,
as amended, as follows:
Page 5, line 33, delete "The following"
Page 5, line 35, delete "is" and insert "are"
and after "public" insert ", including"
Page 6, delete lines 9 to 15 and insert:
"However, financial or proprietary data received,
prepared, used, or retained by the state board in connection with investments
authorized by paragraph (a), clauses (1), (2), or (4), or in which the state
board has considered an investment under these clauses, is nonpublic data under
section 13.02, subdivision 9. As used
in this section, "financial or proprietary information" means
information of a financial or proprietary character that has not been publicly
disseminated or that is unavailable from other sources, the release of which
would likely cause competitive harm to the state board or to the legal entity
or to a portfolio company in which the legal entity holds an interest."
Page 6, line 19, delete "venture capital"
The motion prevailed and the amendment was adopted.
Wilkin, Carlson and Haas moved to amend H. F. No. 2684, the
second engrossment, as amended, as follows:
Page 21, after line 31, insert:
"Sec. 37. Laws
2003, First Special Session, chapter 11, article 3, section 13, subdivision 1,
is amended to read:
Subdivision 1.
[CONSERVATION IMPROVEMENT PROGRAM; GENERAL EVALUATION.] (a) The
commissioner of commerce shall contract with At the direction of the
legislative audit commission, the legislative auditor or other
independent third party for shall conduct a review of:
(1) the cost-effectiveness of the conservation improvement
program, Minnesota Statutes, section 216B.241;
(2) the relevant state statutes, to determine if
conservation requirements could be eliminated or modified to ensure that
conservation dollars are directed toward the most cost-effective conservation
investments;
(2) (3) the relevant state rules, to determine if
current rules allow or facilitate optimum conservation practices and
procedures; and
(3) (4) the department of commerce's conservation
regulatory processes, to determine if the regulatory review process currently
employed results in optimum conservation investments.
(b) The costs of the review under
paragraph (a) may be recovered by the department commissioner of
commerce shall assess $100,000 as a general administrative expense under
Minnesota Statutes, section 216C.052, subdivision 2, and transfer these
funds to the office of the legislative auditor by September 1, 2004. The amount assessed under this paragraph is
appropriated to the office of the legislative auditor to conduct the review and
to contract for technical assistance needed by the legislative auditor for the
review."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Knoblach and Haas moved to amend H. F. No. 2684, the second
engrossment, as amended, as follows:
Page 22, lines 8 and 29, delete "$6,075,000"
and insert "$6,210,000"
Page 49, line 4, delete "$82,500" and insert
"$217,000"
Page 49, line 19, delete "all other matters"
and insert "complaints regarding candidates for constitutional office,
judicial office, county office, municipal office, school board office, and
ballot questions"
Adjust amounts accordingly
The motion prevailed and the amendment was adopted.
Lipman and Haas moved to amend H. F. No. 2684, the second
engrossment, as amended, as follows:
Page 49, after line 20, insert:
"ARTICLE
4
VOTING
SYSTEM
Section 1. [VOTING
SYSTEMS ACQUISITION.]
Subdivision 1.
[APPROPRIATION.] All remaining, previously unappropriated funds in
the Help America Vote Act account and any funds received by that account until
June 30, 2007, are appropriated to the Office of the Secretary of State for use
in purchasing a uniform, statewide voting system, purchasing component items of
voting equipment to create such a system, or making grants to counties and
local municipalities for purchase of voting systems or components of equipment
to create a uniform voting system that:
(1) comply with the requirements of the Help America Vote Act, Public
Law 107-252; and (2) meet the requirements of this section.
Subd. 2.
[SOLICITING VOTING SYSTEMS.] The Office of the Secretary of State may
issue requests for proposal or other solicitations for voting systems or the
components of voting systems that comply with the requirements of the Help
America Vote Act, Public Law 107-252, and also provide every voter an
opportunity to verify their votes and to change their votes or correct any
error before their ballot is cast and counted, produce a permanent paper record
of the ballot cast by the voter, and preserve the paper record as an official
record available for use in a recount.
Subd. 3. [UNIFORM VOTING SYSTEM.] After receiving and evaluating
responses to the requests for proposal for voting systems, the Office of the
Secretary of State may select one or more vendors to provide equipment for a
uniform statewide voting system for use in each polling place in Minnesota.
Subd. 4. [VOTING
SYSTEMS REQUIREMENT.] Each voting system purchased in Minnesota must:
(1) create a marked optical scan ballot that can be
tabulated by (i) a precinct count optical scan machine already certified for
use in Minnesota and owned by a jurisdiction, or (ii) a certified precinct
count optical scan machine to be purchased under this section; or
(2) accept such a marked optical scan ballot.
Subd. 5.
[CERTIFICATION STANDARDS.] A request for proposal under this section
must set forth the specifications for ballot-marking equipment to be purchased,
which must be compatible with existing precinct count optical scan equipment or
future models of such equipment.
Responses to the request for proposal must include certification
required by Minnesota Statutes, section 206.57, Minnesota Rules, chapters 8220
and 8230, and any other Minnesota statutes and rules to be considered. Precinct count optical scan tabulating
machines must meet the current certification standards for such machines.
Subd. 6.
[REMAINING FUNDS.] (a) All appropriations to the Office of the
Secretary of State under this section remaining after the purchase of voting
systems to satisfy the requirements of the Help America Vote Act, Public Law
107-252, as described in subdivisions 1 to 5, may be spent for the replacement
of precinct-count optical scan equipment that is not compatible with any system
described in subdivision 4, clause (1), and selected under subdivision 3.
(b) In order to most closely achieve a uniform system of
voting in this state, the Office of the Secretary of State shall designate one
model of precinct-count optical scan equipment to be purchased as the
replacement equipment from among the responses to the requests for proposal
submitted under subdivision 2.
(c) If the Office of the Secretary of State determines that
there are insufficient funds for the replacement of all equipment eligible for
replacement under this section, the funds must be used first to replace the
oldest equipment, and then to replace progressively newer equipment until the
funds are exhausted.
Subd. 7. [MASTER
PURCHASING CONTRACT.] The Office of the Secretary of State shall use the
responses to requests for proposal submitted under subdivision 2 as the basis
for negotiating one or more master contracts from which all purchases
authorized or required by this section must be made, whether by state or local
governments. After the master contract
is negotiated, no purchases of voting systems may be made by state or local
governments except from this master contract.
Sec. 2. [EFFECTIVE
DATE.]
Section 1 is effective the day following final enactment.
ARTICLE
5
HAVA
CONFORMITY
Section 1. Minnesota
Statutes 2002, section 201.021, is amended to read:
201.021 [PERMANENT REGISTRATION SYSTEM.]
A permanent system of voter registration by county is established,
with legally
registered voter in the state, and assigns a unique identifier to each legally
registered voter in the state. 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. the county systems linked together by a centralized statewide system
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
Sec. 2. Minnesota
Statutes 2002, section 201.022, is amended to read:
201.022 [STATEWIDE REGISTRATION SYSTEM.]
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 registration 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 forms from the Department of Public Safety to the secretary of
state or the county auditor;
(5) assign a unique 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 to add, 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; and
(11) provide a system for each county to identify the
precinct to which a voter should be assigned for voting purposes.
The appropriate state or
local official shall provide security measures to prevent unauthorized access
to the computerized list established under section 201.021. The secretary of state shall establish a
system of file maintenance that makes reasonable effort to remove registrants
who are ineligible to vote from the official list of eligible voters.
Subd. 2. [RULES.] The
secretary of state shall make permanent rules necessary to administer the
system required in subdivision 1. The
rules must at least:
(1) provide for voters to submit their
registration to any county auditor, the secretary of state, or the Department
of Public Safety;
(2) provide for the establishment and maintenance of a
central database for all voter registration information;
(3) provide procedures for entering data into the statewide
registration system;
(4) provide for interaction with the computerized driver's
license records of the Department of Public Safety;
(5) allow the offices of all county auditors and the
secretary of state to add, modify, and delete information from the system to
provide for accurate and up-to-date records;
(6) allow the offices of all county auditors and the
Secretary of State's Office to have access to the statewide registration system
for review and search capabilities;
(7) provide security and protection of all information in the
statewide registration system and to ensure that unauthorized entry is not
allowed;
(8) provide a system for each county to identify the
precinct to which a voter should be assigned for voting purposes; and
(9) prescribe a procedure for the return of completed voter
registration forms from the Department of Public Safety to the secretary of
state or the county auditor.
Sec. 3. Minnesota
Statutes 2002, section 201.061, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION
IN PERSON PRIOR TO ELECTION DAY.] At any time except during the 20 days
immediately preceding any election, an eligible voter or any individual who
will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a registration
card voter registration application as described in section 201.071,
subdivision 1, and submitting it in person or by mail to the county
auditor of that county or to the Secretary of State's Office. A registration that is received no later
than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration card shall be forwarded within two working days after receipt to
the county auditor of the county where the voter maintains residence. A state or local agency or an individual
that accepts completed voter registration cards from a voter must submit the
completed cards to the secretary of state or the appropriate county auditor
within ten days after the cards are dated by the voter.
Sec. 4. Minnesota
Statutes 2002, section 201.061, is amended by adding a subdivision to read:
Subd. 1b. [DUTY
TO FORWARD.] A registration that is received no later than 5:00 p.m. on the
21st day preceding any election must be accepted. An improperly addressed or delivered voter registration
application must be forwarded within two working days after receipt to the
county auditor of the county where the voter maintains residence. A state or local agency or an individual
that accepts completed voter registration applications from a voter must submit
the completed cards to the secretary of state or the appropriate county auditor
within ten days after the applications are dated by the voter.
Sec. 5. Minnesota
Statutes 2002, section 201.061, subdivision 3, is amended to read:
Subd. 3. [ELECTION DAY
REGISTRATION.] 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 voter registration card
application, making an oath in the form prescribed by the secretary of
state and providing proof of residence.
An individual may prove identity and residence for purposes of
registering by:
(1) showing a driver's license or Minnesota identification card
issued pursuant to section 171.07;
(2) showing any picture identification document approved
by the secretary of state as proper identification;
(3) showing one of the following:
(i) a current valid student picture identification card
from a post-secondary 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;
(4) showing a picture identification card or document listed
in clause (1), (2), or (3), and proving current residence in the precinct by
having a voter who is registered to vote in the precinct sign an oath in the
presence of the election judge vouching that the voter 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; or
(5) for tribal band members living on an Indian reservation, an
individual may prove residence for purposes of registering by showing 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, street address, signature, and picture of the
individual. The county auditor of each
county having territory within the reservation shall maintain a record of the
number of election day registrations accepted under this section.
A county, school district, or municipality may require that an
election judge responsible for election day registration initial each completed
registration card.
Sec. 6. Minnesota
Statutes 2002, section 201.091, subdivision 1, is amended to read:
Subdivision 1. [MASTER
LIST.] Each county auditor shall prepare and maintain a current list of
registered voters in each precinct in the county which is known as the master
list. The master list must be created
by entering each completed voter registration card application
received by the county auditor into the statewide registration system. It must show the name, residence address,
and date of birth of each voter registered in the precinct. The information contained in the master list
may only be made available to public officials for purposes related to election
administration, jury selection, and in response to a law enforcement inquiry
concerning a violation of or failure to comply with any criminal statute or
state or local tax statute. If a
copy of the master list is provided to a public official for jury selection or
in response to a law enforcement inquiry described in this subdivision, the
list may not include the final four digits of the Social Security number of any
voter.
Sec. 7. Minnesota
Statutes 2002, section 201.091, is amended by adding a subdivision to read:
Subd. 1a.
[POLLING PLACE ROSTER.] A polling place roster produced from data
maintained in the statewide voter registration file may not include the final
four digits of the Social Security number of any voter.
Sec. 8. Minnesota
Statutes 2002, section 201.091, subdivision 5, is amended to read:
Subd. 5. [COPY OF LIST
TO REGISTERED VOTER.] The county auditors and the secretary of state shall
provide available for public inspection
without cost. An individual who
inspects or acquires a copy of a public information list may not use any
information contained in it for purposes unrelated to elections, political activities,
or law enforcement. No list made
available for public inspection or purchase may include the date of birth of a
registered voter. paper copies of the public information lists and may provide
the lists in some other form in electronic or other media to any
voter registered in Minnesota within ten days of receiving a written request
accompanied by payment of the cost of reproduction. The county auditors and the secretary of state shall make a copy
of the list
Sec. 9. Minnesota
Statutes 2002, section 201.121, subdivision 1, is amended to read:
Subdivision 1. [ENTRY
OF REGISTRATION INFORMATION.] Upon receiving At the time a voter
registration card application is properly completed and,
submitted, and received in accordance with sections 201.061 and 201.071,
the county auditor shall enter in the information contained on it
into the statewide registration system the information contained on it
on an expedited basis, but no later than 42 days after receipt. Voter registration cards 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.
Upon receiving a completed voter registration card or form
application, the secretary of state may electronically transmit the
information on the card or form 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 registration card application
or form to the county auditor.
Sec. 10. Minnesota
Statutes 2002, section 201.155, is amended to read:
201.155 [REPORT ON FELONY CONVICTIONS.]
Pursuant to the Help America Vote Act of 2002, Public Law
107-252, the state court administrator shall report at least monthly
by electronic means to the secretary of state the name, address, final
four digits of the voter's Social Security number (or the statement
"NONE" if the voter has no Social Security number), date of
birth, date of sentence, effective date of the sentence, and county in which
the conviction occurred of each person who has been convicted of a felony. The state court administrator shall also
report the name, address, final four digits of the voter's Social Security
number (or the statement "NONE" if the voter has no Social Security
number), and date of birth of each person previously convicted of a felony
whose civil rights have been restored.
The secretary of state may designate the county auditor to modify the
statewide voter registration system in response to this report, in which case
the secretary of state shall determine if any of the persons in the
report is registered to vote and shall prepare forward a list of
those registrants for individuals to each county auditor. The county auditor shall determine if any
person identified in the report as a resident of the county is registered to
vote in the county and change the status of those registrants each
registrant in the appropriate manner in the statewide registration system.
Sec. 11. [201.1615]
[INFORMATION SHARING; USE OF SOCIAL SECURITY NUMBER.]
The secretary of state shall enter into an agreement with
the Department of Public Safety to match information in the statewide voter
registration system with information in the Department of Public Safety
database to verify the accuracy of the information provided on applications for
voter registrations.
The commissioner of public safety shall enter into an
agreement with the commissioner of the United States Social Security
Administration under section 205(r)(8) of the Social Security Act to allow the
use of the last four digits of the Social Security number to be used to verify
voter registration information, to ensure the maintenance of the
confidentiality of any applicable information disclosed, and to establish
procedures to permit the department to use the information for purposes of
maintaining its records.
Sec. 12. Minnesota
Statutes 2002, 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 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. Only voters who are not
registered or who are not eligible to vote must be removed from the official
list of eligible voters. List
maintenance must include procedures for eliminating duplicate names from the
official list of eligible voters. and. The
secretary of state shall change perform list maintenance by
changing
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."
Although not counted in an election, a late absentee ballot
must be considered a vote for the purpose of continuing registration.
Sec. 13. Minnesota
Statutes 2002, section 201.221, subdivision 2, is amended to read:
Subd. 2. [UNIFORM
PROCEDURES FOR COUNTIES.] The secretary of state shall assist local election
officers by devising uniform forms and procedures. The secretary of state shall provide uniform rules for
maintaining voter registration records on the statewide registration system. The secretary of state shall supervise the development
and use of the statewide registration system to insure that it conforms to
applicable federal and state laws and rules.
Sec. 14. Minnesota
Statutes 2002, section 203B.08, subdivision 3, is amended to read:
Subd. 3. [PROCEDURES ON
RECEIPT OF BALLOTS.] When absentee ballots are returned to a county auditor or
municipal clerk, that official shall stamp and date the return envelope with an
official seal of the office and place it in a secure location with other return
envelopes received by that office. The
county auditor or municipal clerk shall deliver them to the appropriate
election judges on election day all ballots received before or with the last
mail delivery by the United States Postal Service on election day. A town clerk may request the United States
Postal Service to deliver absentee ballots to the polling place on election day
instead of to the official address of the town clerk.
Sec. 15. Minnesota
Statutes 2002, section 203B.16, is amended by adding a subdivision to read:
Subd. 4.
[DESIGNATION OF OFFICE.] The Office of the Secretary of State is
responsible for providing information regarding voter registration and absentee
balloting procedures to be used by absent uniformed services voters, their
spouses and dependents, and voters overseas.
Sec. 16. Minnesota
Statutes 2002, section 203B.17, is amended to read:
203B.17 [APPLICATION FOR BALLOT.]
Subdivision 1.
[SUBMISSION OF APPLICATION.] (a) An application for absentee ballots for
a voter described in section 203B.16 may be submitted in writing or by
electronic facsimile device, or by electronic mail upon determination by the
secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a
voter described in section 203B.16 may be submitted by that voter or by that
voter's parent, spouse, sister, brother, or child over the age of 18
years. For purposes of an application
under this subdivision, a person's Social Security number, no matter how it is
designated, qualifies as the person's military identification number if the
person is in the military.
(b) An application for a voter described in section 203B.16,
subdivision 1, shall be submitted to the county auditor of the county where the
voter maintains residence.
(c) An application for a voter described in section 203B.16,
subdivision 2, shall be submitted to the county auditor of the county where the
voter last maintained residence in Minnesota.
(d) An application for absentee ballots for a primary
shall also constitute an application for absentee ballots for any ensuing
be valid for any primary, special primary, general election, or
special election conducted during the same calendar year in which from
the time the application is received through the next two regularly scheduled
general elections for federal office held after the date on which the
application is received.
(e) There shall be no limitation of time for filing and
receiving applications for ballots under sections 203B.16 to 203B.27.
Subd. 2. [REQUIRED
INFORMATION.] An application shall be accepted if it contains the following
information stated under oath:
(a) The voter's name, birthdate, and present address of
residence in Minnesota, or former address of residence in Minnesota if the voter
is living permanently outside the United States;
(b) A statement indicating that the voter is in the military,
or is the spouse or dependent of an individual serving in the military, or is
temporarily outside the territorial limits of the United States, or is living
permanently outside the territorial limits of the United States and voting
under federal law;
(c) A statement that the voter expects to be absent from the
precinct at the time of the election;
(d) The address to which absentee ballots are to be mailed;
(e) The voter's signature or the signature and relationship of
the individual authorized to apply on the voter's behalf; and
(f) The voter's military identification card number, passport
number, or, if the voter does not have a valid passport or identification card,
the signed statement of an individual authorized to administer oaths or a
commissioned or noncommissioned officer of the military not below the rank of
sergeant or its equivalent, certifying that the voter or other individual
requesting absentee ballots has attested to the truthfulness of the contents of
the application under oath.
The oath taken must be the standard oath prescribed by
section 101(b)(7) of the Uniformed and Overseas Citizens Absentee Voting Act.
A form for providing this information shall be prepared by each
county auditor and shall be furnished to individuals who request it pursuant to
this section.
Sec. 17. Minnesota
Statutes 2002, section 203B.19, is amended to read:
203B.19 [RECORDING APPLICATIONS.]
Upon accepting an application, the county auditor shall record in
the statewide registration system the voter's name, address of present or
former residence in Minnesota, mailing address, school district number, and county auditor shall retain the
record for the
category under section 203B.16, to which the voter belongs whether the
voter is in the military or the spouse or dependent of an individual serving in
the military, is a voter temporarily outside the territorial limits of the
United States, or is living permanently outside the territorial limits of the
United States and voting under federal law. The four six years.
A voter whose name is recorded as provided in this section shall not be
required to register under any other provision of law in order to vote under
sections 203B.16 to 203B.27. Persons
from whom applications are not accepted must be notified by the county auditor
and provided with the reasons for the rejection.
No later than 60 days after the general election, the county
auditor shall report to the secretary of state the combined number of absentee
ballots transmitted to absent voters described in section 203B.16. No later than 60 days after the general
election, the county auditor shall report to the secretary of state the
combined number of absentee ballots returned and cast by absent voters
described in section 203B.16. The
secretary of state may require the information be reported by category under
section 203B.16 or by precinct.
No later than 90 days after the general election, the
secretary of state shall report to the federal Election Assistance Commission
the number of absentee ballots transmitted to voters under section 203B.16.
Sec. 18. Minnesota
Statutes 2002, section 203B.24, subdivision 2, is amended to read:
Subd. 2. [VOTING MORE
THAN ONCE.] The election judges shall compare the voter's name with the names
appearing on their copy of the application records to insure that the voter has
not already returned a ballot in the election.
The election judges must indicate on the record whether an absentee
ballot was accepted for each applicant whose name appears on the record. If a voter whose application has been
recorded under section 203B.19 casts a ballot in person on election day, no
absentee ballot shall be counted for that voter. If more than one return envelope is received from a voter whose
application has been recorded under section 203B.19, the ballots in the return
envelope bearing the latest date shall be counted and the uncounted ballots
shall be returned by the election judges with the rejected ballots. The election judges must preserve the
record and return it to the county auditor or municipal clerk with the election
day materials.
Sec. 19. Minnesota
Statutes 2002, section 203B.26, is amended to read:
203B.26 [SEPARATE RECORD.]
A separate record of the ballots of absent voters cast under
sections 203B.16 to 203B.27 shall must be kept in each
precinct. The content of the record
must be in a form prescribed by the secretary of state.
Sec. 20. Minnesota
Statutes 2002, section 204B.47, is amended to read:
204B.47 [ALTERNATE ALTERNATIVE ELECTION
PROCEDURES; DUTIES OF SECRETARY OF STATE.]
When a provision of the Minnesota Election Law cannot be
implemented as a result of an order of a state or federal court, the secretary
of state shall adopt alternate alternative election procedures to
permit the administration of any election affected by the order. The procedures may include the voting and
handling of ballots cast after 8:00 p.m. as a result of a state or federal
court order or any other order extending the time established by law for
closing the polls. The alternate
alternative election procedures remain in effect until the first day of
July following the next succeeding final adjournment of the legislature, unless
otherwise provided by law or by court order.
Sec. 21. [204C.42]
[RULES; VOTE COUNTING STANDARDS.]
The secretary of state shall adopt permanent rules to
establish uniform and nondiscriminatory standards of what constitutes a vote
for each method of voting and each type of voting system approved for use in
the state. The rules must provide for
an accurate determination of votes based on the requirements of section
204C.22, objective evidence, the form of ballots approved for use in this
state, and the manner of counting used for each vote.
Sec. 22.
[204C.50] [POSTELECTION SECURITY AND CERTIFICATION REVIEW.]
Subdivision 1.
[SELECTION FOR REVIEW; NOTICE.] (a) The Office of the Secretary of
State shall, within three days after each state general election beginning in
2006, randomly select 80 precincts for postelection review as defined in this
section. The precincts must be selected
so that an equal number of precincts are selected in each congressional
district of the state. Of the precincts
in each congressional district, at least five must have had more than 500 votes
cast, and at least two must have had fewer than 500 votes cast. The secretary of state must promptly provide
notices of which precincts are chosen to the election administration officials
who are responsible for the conduct of elections in those precincts.
(b) One week before the state general election beginning in
2006, the secretary of state must post on the office Web site the date, time,
and location at which precincts will be randomly chosen for review under this
section. The chair of each major
political party may appoint a designee to observe the random selection process.
Subd. 2. [SCOPE
AND CONDUCT OF THE REVIEW.] Each review must consist of at least the
following:
(a) The election officials immediately responsible for a
precinct chosen for review must conduct the following review and submit the
results in writing to the state canvassing board before it meets to canvass the
election:
(1) a hand tally of the paper ballots, of whatever kind used
in that precinct, for each contested election;
(2) a recount using the actual machine and software used on
election day, if a precinct-count or central-count automated voting system was
used; and
(3) a comparison of the hand tally with the reported results
for the precinct in the county canvassing board report, as well as the actual
tape of any automated tabulation produced by any precinct-count or
central-count optical scan equipment that may have been used to tabulate votes
cast in that precinct.
(b) The staff of the Office of the Secretary of State shall
conduct or directly supervise a review of the procedures used by the election
officials at all levels for a precinct chosen for review, including an
inspection of the materials retained for the official 22-month retention
period, such as the rosters, the incident log, and the ballots themselves. The staff must submit a written report to
the secretary of state before the next regularly scheduled meeting of the State
Canvassing Board.
Subd. 3.
[STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING EQUIPMENT.] Each
comparison of the precinct-count or central-count tabulating equipment system
with the review described in subdivision 2, paragraph (a), must be accurate to
within one-half of one percent variation for each contested election. If any review conducted under subdivision 2,
paragraph (a), reveals a discrepancy greater than one-half of one percent, the
Office of the Secretary of State shall as soon as practicable conduct an
additional review of at least ten percent of the tabulating equipment used in
the jurisdiction of the election for which the discrepancy was discovered. If this review results in a discrepancy greater
than the one-half percent standard, the Office of the Secretary of State must
conduct a complete audit of the election for which the discrepancy was
discovered. If a complete audit must be
conducted, the results of the audit must be used by the canvassing board in
making its report and determinations of persons elected and propositions
rejected or approved. If a voting
system is found to have failed to record votes in a manner that indicates
electronic operational failure, the canvassing board must use the
voter-verifiable audit records to determine the votes cast on the system,
unless the audit records were also impaired by the operational failure of the
voting machine. Notwithstanding section
204C.33, subdivision 3, the result of any election subject to this audit must
not be declared until the audit is completed.
Subd. 4.
[STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION JUDGES AND
ADMINISTRATORS.] Each comparison of materials and documents generated in the
course of the election in the selected precinct is expected to reveal no
substantive errors and a minimum of technical issues by election judges and
administrators.
Subd. 5. [FAILURE TO MEET STANDARDS.] (a) If a voting system fails to
meet the standard set forth in subdivision 3, the manufacturer of the model of
machine in question must obtain recertification pursuant to section 206.57 and
rules adopted under that section, and is liable for penalties under section
206.66.
(b) If election judges or administrators fail to meet the
standard in subdivision 4, the judges and administrators for the county where
the precinct is located must attend training designed to eliminate the errors
causing the failure. The Office of the
Secretary of State must consider whether those errors or issues warrant
inclusion in the statewide training programs conducted by the Office of the
Secretary of State.
Subd. 6. [COSTS
OF REVIEW.] The costs of conducting the review required by this section must
be allocated as follows:
(a) The county or municipality responsible for each precinct
selected for review must bear costs incurred under subdivision 2, paragraph
(a).
(b) The secretary of state must bear the costs incurred
under subdivision 2, paragraph (b), and subdivision 3, including travel,
expenses, and staff time of the Office of the Secretary of State.
Sec. 23. Minnesota
Statutes 2002, section 206.57, is amended by adding a subdivision to read:
Subd. 5. [VOTING
SYSTEM FOR DISABLED VOTERS.] After December 31, 2005, the voting method used
in each polling place must include a voting system that is accessible for
individuals with disabilities, including nonvisual accessibility for the blind
and visually impaired in a manner that provides the same opportunity for access
and participation, including privacy and independence, as for other voters.
Sec. 24. Minnesota
Statutes 2002, section 206.57, is amended by adding a subdivision to read:
Subd. 6.
[REQUIRED CERTIFICATION.] In addition to the requirements in
subdivision 1, a voting system must be certified by an independent testing
authority approved by the secretary of state and conform to current standards
for voting equipment issued by the Federal Election Commission or its
successor, the Election Assistance Commission.
Sec. 25. Minnesota Statutes
2002, section 206.81, is amended to read:
206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]
(a) The secretary of state may license approve an
electronic voting system for experimental use at an election prior to its
approval for general use.
(b) The secretary of state must license approve
one or more touch-sensitive direct recording electronic voting systems
for experimental use at an election before their approval for general use and
may impose restrictions on their use.
At least one voting system licensed approved under this
paragraph must permit sighted persons to vote and at least one system must
permit a blind or visually impaired voter to cast a ballot independently and
privately.
(c) Experimental use must be observed by the secretary of state
or the secretary's designee and the results observed must be considered at any
subsequent proceedings for approval for general use.
(d) The secretary of state may adopt rules consistent with
sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be
determined by the secretary of state.
Sec. 26.
[AGREEMENTS.]
Subdivision 1.
[COMMISSIONER OF HEALTH.] The secretary of state and the commissioner
of health shall determine by mutual agreement the means to electronically
transfer death records between agency systems.
Subd. 2. [STATE
COURT ADMINISTRATOR.] The secretary of state and the state court
administrator shall determine by mutual agreement the means to electronically
transfer guardianship and incompetency records and felony conviction records
between agency systems.
Subd. 3.
[COMMISSIONER OF PUBLIC SAFETY.] The commissioner of public safety
and the secretary of state shall determine by mutual agreement the means to
electronically transfer driver's license records between agency systems.
Sec. 27. [EFFECTIVE
DATE.]
This article is effective the day following final enactment.
ARTICLE
6
ELECTIONS
ADMINISTRATION TECHNICAL CHANGES
Section 1. Minnesota
Statutes 2002, section 5.08, is amended to read:
5.08 [LEGISLATIVE MANUAL.]
Subdivision 1.
[PREPARATION.] The secretary of state shall prepare, compile, edit, and
distribute for use at each regular legislative session, a convenient manual,
properly indexed, and containing: The
federal and state constitutions; the acts of Congress relating to the
organization of the territory and state; the rules of order and joint rules of
the two houses, and lists of their members, committees and employees; the names
of all state officials, whether elected or appointed, and of all persons
holding office from this state under the national government, including
postmasters appointed by the president; the places where the said several
officials reside, and the annual compensation of each; and statistical and
other information of the kind heretofore published in the legislative manuals.
Subd. 2.
[DISTRIBUTION.] 15,000 10,000 copies of the legislative
manual shall be printed and distributed as follows:
(1) up to 25 20 copies shall be available to each
member of the legislature on request;
(2) 50 copies to the State Historical Society;
(3) 25 copies to the state university;
(4) 60 copies to the state library;
(5) two copies each to the Library of Congress, the Minnesota
veterans home homes, the state universities, the state
high schools, the public academies, seminaries, and colleges of the
state, and the free public libraries of the state;
(6) one copy each to other state institutions, the elective
state officials, the appointed heads of departments, the officers and employees
of the legislature, the justices of the Supreme Court, the judges of the Court
of Appeals and the district court, the senators and representatives in Congress
from this state, and the county auditors, recorders, and county attorneys;
(7) one copy to each public school,
to be distributed through the superintendent of each school district; and
(8) the remainder may be disposed of as the secretary of state
deems best.
Sec. 2. Minnesota
Statutes 2002, section 15.0597, subdivision 2, is amended to read:
Subd. 2. [COLLECTION OF
DATA.] The chair of an existing agency or the chair's designee, or the
appointing authority for the members of a newly created agency, shall provide
the secretary, on forms in an electronic format prepared and
distributed by the secretary, with the following data pertaining to that
agency:
(1) the name of the agency, its mailing address, and telephone
number;
(2) the legal authority for the creation of the agency and the
name of the person appointing agency members;
(3) the powers and duties of the agency;
(4) the number of authorized members, together with any
prescribed restrictions on eligibility such as employment experience or
geographical representation;
(5) the dates of commencement and expiration of the membership
terms and the expiration date of the agency, if any;
(6) the compensation of members, and appropriations or other
funds available to the agency;
(7) the regular meeting schedule, if any, and approximate
number of hours per month of meetings or other activities required of members;
(8) the roster of current members, including mailing addresses,
electronic mail addresses, and telephone numbers; and
(9) a breakdown of the membership showing distribution by
county, legislative district, and congressional district, and, only if the
member has voluntarily supplied the information, the sex, political party
preference or lack of party preference, race, and national origin of the
members.
The secretary may provide for require the
submission of data in accordance with this subdivision by electronic
means. The publication requirement
under clause (8) may be met by publishing a member's home or business address
and telephone number, the address and telephone number of the agency to which
the member is appointed, the member's electronic mail address, if provided, or
any other information that would enable the public to communicate with the
member.
Sec. 3. Minnesota
Statutes 2002, section 15.0597, subdivision 3, is amended to read:
Subd. 3. [PUBLICATION
OF AGENCY DATA.] The secretary of state shall provide for annual updating of
the required data and shall annually arrange for the publication in the
State Register on the Web site of the secretary of state of the
compiled data from all agencies on or about October 15 of each year. Copies of The compilation must be electronically
delivered to the governor and the legislature.
Paper copies of the compilation must be made available by the
secretary to any interested person at cost, and copies must be available for
viewing by interested persons. The
chair of an agency who does not submit data required by this section or who
does not notify the secretary of a vacancy in the agency, is not eligible for a
per diem or expenses in connection with agency service until December 1 of the
following year.
Sec. 4. Minnesota
Statutes 2002, section 15.0597, subdivision 4, is amended to read:
Subd. 4. [NOTICE OF
VACANCIES.] The chair of an existing agency, shall notify the secretary by
electronic means of a vacancy scheduled to occur in the agency as a result
of the expiration of membership terms at least 45 days before the vacancy
occurs. The chair of an existing agency
shall give written electronic notification to the secretary of
each vacancy occurring as a result of newly created agency positions and of
every other vacancy occurring for any reason other than the expiration of
membership terms as soon as possible upon learning of the vacancy and in any case
within 15 days after the occurrence of the vacancy. The appointing authority for newly created agencies shall give written
electronic notification to the secretary of all vacancies in the new
agency within 15 days after the creation of the agency. The secretary may provide for require
the submission of notices required by this subdivision by electronic
means. The secretary shall publish
monthly in the State Register on the Web site of the secretary of
state a list of all vacancies of which the secretary has been so
notified. Only one notice of a vacancy
shall be so published, unless the appointing authority rejects all applicants
and requests the secretary to republish the notice of vacancy. One copy of the listing shall be made
available at the office of the secretary to any interested person. The secretary shall distribute by mail or
electronic means copies of the listings to requesting persons. The listing for all vacancies scheduled to
occur in the month of January shall be published in the State Register on
the Web site of the secretary of state together with the compilation of
agency data required to be published pursuant to subdivision 3.
If a vacancy occurs within three months after an appointment is
made to fill a regularly scheduled vacancy, the appointing authority may, upon
notification by electronic means to the secretary, fill the vacancy by
appointment from the list of persons submitting applications to fill the
regularly scheduled vacancy.
Sec. 5. Minnesota
Statutes 2002, section 15.0597, subdivision 5, is amended to read:
Subd. 5. [NOMINATIONS
FOR VACANCIES.] Any person may make a self-nomination for appointment to an
agency vacancy by completing an application on a form prepared and distributed
by the secretary. The secretary may
provide for the submission of the application by electronic means. Any person or group of persons may, on the
prescribed application form, nominate another person to be appointed to a
vacancy so long as the person so nominated consents in writing on the
application form to the nomination. The
application form shall specify the nominee's name, mailing address, electronic
mail address, telephone number, preferred agency position sought, a
statement that the nominee satisfies any legally prescribed qualifications, a
statement whether the applicant has ever been convicted of a felony, and
any other information the nominating person feels would be helpful to the
appointing authority. The nominating
person has the option of indicating the nominee's sex, political party
preference or lack thereof, status with regard to disability, race, and
national origin on the application form.
The application form shall make the option known. If a person submits an application at the
suggestion of an appointing authority, the person shall so indicate on the
application form. Twenty-one days after
publication of a vacancy in the State Register on the Web site of the
secretary of state pursuant to subdivision 4, the secretary shall submit electronic
copies of all applications received for a position to the appointing authority
charged with filling the vacancy. If no
applications have been received by the secretary for the vacant position by the
date when electronic copies must be submitted to the appointing
authority, the secretary shall so inform the appointing authority. Applications received by the secretary shall
be deemed to have expired one year after receipt of the application. An application for a particular agency
position shall be deemed to be an application for all vacancies in that agency
occurring prior to the expiration of the application and shall be public
information.
Sec. 6. Minnesota
Statutes 2002, section 15.0597, subdivision 6, is amended to read:
Subd. 6.
[APPOINTMENTS.] In making an appointment to a vacant agency position,
the appointing authority shall consider applications for positions in that
agency supplied by the secretary. No
appointing authority may appoint someone to a vacant agency position until (1)
ten days after receipt of the applications for positions in that agency from
the secretary or (2) receipt of notice from the secretary that no applications
have been received for vacant positions in that
agency. At least five days before the
date of appointment, the appointing authority shall issue a public announcement
and inform the secretary in writing by electronic means of the
name of the person the appointing authority intends to appoint to fill the
agency vacancy and the expiration date of that person's term. If the appointing authority intends to
appoint a person other than one for whom an application was submitted pursuant
to this section, the appointing authority shall complete an application form on
behalf of the appointee and submit it to the secretary indicating on the application
that it is submitted by the appointing authority.
Sec. 7. Minnesota
Statutes 2002, section 15.0597, subdivision 7, is amended to read:
Subd. 7. [REPORT.]
Together with the compilation required in subdivision 3, the secretary shall
annually deliver to the governor and the legislature a report in an
electronic format containing the following information:
(1) the number of vacancies occurring in the preceding year;
(2) the number of vacancies occurring as a result of scheduled
ends of terms, unscheduled vacancies and the creation of new positions;
(3) breakdowns by county, legislative district, and
congressional district, and, if known, the sex, political party preference or
lack thereof, status with regard to disability, race, and national origin, for
members whose agency membership terminated during the year and appointees to
the vacant positions; and
(4) the number of vacancies filled from applications submitted
by (i) the appointing authorities for the positions filled, (ii) nominating
persons and self-nominees who submitted applications at the suggestion of
appointing authorities, and (iii) all others.
Sec. 8. Minnesota
Statutes 2002, section 15.0599, subdivision 4, is amended to read:
Subd. 4. [REGISTRATION;
INFORMATION REQUIRED.] (a) The appointing authority of a newly established
agency or the authority's designee shall provide the secretary with the
following information:
(1) the name, mailing address, electronic mail address,
and telephone number of the agency;
(2) the legal authority for the establishment of the agency and
the name and the title of the person or persons appointing agency members;
(3) the powers and duties of the agency and whether the agency,
however designated, is best described by section 15.012, paragraph (a), (b),
(c), (e), or (f);
(4) the number of authorized members, together with any
prescribed restrictions on eligibility;
(5) the roster of current members, including mailing addresses,
electronic mail addresses, and telephone numbers;
(6) a breakdown of the membership showing distribution by
county, legislative district, and congressional district and compliance with
any restrictions listed in accordance with clause (4);
(7) if any members have voluntarily provided the information,
the sex, age, political preference or lack of preference, status with regard to
disability, race, and national origin of those members;
(8) the dates of commencement and expiration of membership
terms and the expiration date of the agency, if any;
(9) the compensation of members and appropriations or other
money available to the agency;
(10) the name of the state agency or other entity, if any,
required to provide staff or administrative support to the agency;
(11) the regular meeting schedule, if any, and the approximate
number of hours a month of meetings or other activities required of members;
and
(12) a brief statement of the goal or purpose of the agency,
along with a summary of what an existing agency has done, or what a newly established
agency plans to do to achieve its goal or purpose.
The publication requirement under clause (5) may be met by
publishing a member's home or business address and telephone number, the
address and telephone number of the agency to which the member is appointed,
the member's electronic mail address, or any other information that would
enable the public to communicate with the member.
(b) The chair of an existing agency or the chair's designee
shall provide information, covering the fiscal year in which it is registering,
on the number of meetings it has held, its expenses, and the number of staff
hours, if any, devoted to its support.
The chair or designee shall also, if necessary, update any of the information
previously provided in accordance with paragraph (a).
(c) The secretary shall provide electronic forms for the
reporting of information required by this subdivision and may provide for
require reporting by electronic means.
Sec. 9. Minnesota
Statutes 2003 Supplement, section 126C.17, subdivision 9, is amended to read:
Subd. 9. [REFERENDUM
REVENUE.] (a) The revenue authorized by section 126C.10, subdivision 1, may be
increased in the amount approved by the voters of the district at a referendum
called for the purpose. The referendum
may be called by the board or shall be called by the board upon written
petition of qualified voters of the district.
The referendum must be conducted one or two calendar years before the
increased levy authority, if approved, first becomes payable. Only one election to approve an increase may
be held in a calendar year. Unless the
referendum is conducted by mail under paragraph (g), the referendum must be
held on the first Tuesday after the first Monday in November. The ballot must state the maximum amount of
the increased revenue per resident marginal cost pupil unit, the estimated
referendum tax rate as a percentage of referendum market value in the first
year it is to be levied, and that the revenue must be used to finance school
operations. The ballot may state a
schedule, determined by the board, of increased revenue per resident marginal
cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized.
If the ballot contains a schedule showing different amounts, it must
also indicate the estimated referendum tax rate as a percent of referendum
market value for the amount specified for the first year and for the maximum
amount specified in the schedule. The
ballot may state that existing referendum levy authority is expiring. In this case, the ballot may also compare
the proposed levy authority to the existing expiring levy authority, and
express the proposed increase as the amount, if any, over the expiring
referendum levy authority. The ballot
must designate the specific number of years, not to exceed ten, for which the
referendum authorization applies. The
notice required under section 275.60 may be modified to read, in cases of
renewing existing levies:
"BY
VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A
PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the information
required in this subdivision and a question stating substantially the
following:
"Shall the increase in the revenue proposed by (petition
to) the board of ......... , School District No. ... , be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal cost pupil units
for the school year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a subsequent
referendum.
(b) The board must prepare and deliver by first class mail at
least 15 days but no more than 30 days before the day of the referendum to each
taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice
to any taxpayer. For the purpose of
giving mailed notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of the county
treasurer. Every property owner whose
name does not appear on the records of the county auditor or the county
treasurer is deemed to have waived this mailed notice unless the owner has
requested in writing that the county auditor or county treasurer, as the case
may be, include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars and annual percentage for typical
residential homesteads, agricultural homesteads, apartments, and commercial-industrial
property within the school district. The
notice is not an official ballot.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount of increase over
the existing referendum levy in the first year, if any, in annual dollars and
annual percentage for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will result
in an increase in your property taxes."
However, in cases of renewing existing levies, the notice may include
the following statement: "Passage
of this referendum may result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing the
increased revenue amount authorized pursuant to paragraph (a) may be called by
the board and shall be called by the board upon the written petition of
qualified voters of the district. A
referendum to revoke or reduce the revenue amount must state the amount per
resident marginal cost pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of
the district pursuant to paragraph (a) must be available to the school district
at least once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only
one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective
if signed by a number of qualified voters in excess of 15 percent of the
registered voters of the district on the day the petition is filed with the
board. A referendum invoked by petition
must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the
question is required to pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under paragraph (b) to the
commissioner and to the county auditor of each county in which the district is
located. Within 15 days after the
results of the referendum have been certified by the board, or in the case of a
recount, the certification of the results of the recount by the canvassing
board, the district must notify the commissioner of the results of the
referendum.
Sec. 10. Minnesota
Statutes 2002, section 201.071, subdivision 3, is amended to read:
Subd. 3. [DEFICIENT
REGISTRATION.] No registration is deficient if it contains the voter's name,
address, date of birth, prior registration if any and signature. The absence of a zip code number does not
cause the registration to be deficient.
The election judges shall request an individual to correct a
registration if it is deficient or illegible
or if the name or number of the voter's school district is missing or obviously
incorrect. No eligible voter may be
prevented from voting unless the voter's registration card application card application
is deficient or the voter is duly and successfully challenged in accordance
with section 201.195 or 204C.12.
A registration card accepted prior to August 1, 1983, is not
deficient for lack of date of birth.
The county or municipality may attempt to obtain the date of birth for a
registration card 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.
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 must
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.
A registration application is not deficient for lack of a
telephone number.
Sec. 11. Minnesota
Statutes 2002, section 201.161, is amended to read:
201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD
APPLICATIONS.]
The Department of Public Safety shall change its applications
for an original, duplicate, or change of address driver's license or
identification card so that the forms may also serve as voter registration cards
applications. The forms must
contain spaces for the all information required in section
201.071, subdivision 1, and applicable rules of collected by voter
registration applications prescribed by the secretary of state. Applicants for driver's licenses or
identification cards must be asked if they want to register to vote at the same
time. A copy of each application containing
a completed voter registration must be sent to the county auditor of the county
in which the voter maintains residence or to the secretary of state as soon as
possible. The computerized driver's
license record information relating to name, address, date of birth, driver's
license number, county, town, and city must be made available for access by the
secretary of state and interaction with the statewide voter registration
system.
Sec. 12. Minnesota
Statutes 2002, section 201.1611, subdivision 1, is amended to read:
Subdivision 1. [FORMS.]
All postsecondary institutions that enroll students accepting state or federal
financial aid shall provide voter registration forms to each student as early
as possible in the fall quarter. All
school districts shall make available voter registration applications each May
and September to all students registered as students of the school district who
will be eligible to vote at the next election after those months. A school district has no obligation to
provide voter registration applications to students who participate in a
postsecondary education option program or who otherwise reside in the district
but do not attend a school operated by the district. A school district fulfills its obligation to a student under this
section if it provides a voter registration application to the student one
time. The forms must contain spaces
for the information required in section 201.071, subdivision 1, and applicable
rules of the secretary of state. The
institutions and school districts may request these forms from the
secretary of state. Institutions shall
consult with their campus student government in determining the most effective
means of distributing the forms and in seeking to facilitate election day
registration of students under section 201.061, subdivision 3. School districts must advise students
that completion of the voter registration applications is not a school district
requirement.
Sec. 13.
Minnesota Statutes 2002, 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 and shall change the status of those registrants to
"inactive" in the statewide registration system. 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 absentee ballot
must be considered a vote for the purpose of continuing registration.
Sec. 14. Minnesota
Statutes 2002, 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 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 one year 22 months following the election.
Sec. 15. Minnesota
Statutes 2002, section 202A.14, subdivision 3, is amended to read:
Subd. 3. [NOTICE.] The
county or legislative district chair shall give at least six days' published
notice of the holding of the precinct caucus, stating the place, date, and time
for holding the caucus, and shall deliver the same information to the municipal
clerk and county auditor at least 20 days before the precinct caucus. The county auditor shall make this
information available at least ten days before the date of the caucuses
to persons who request it.
Sec. 16. Minnesota
Statutes 2002, section 203B.085, is amended to read:
203B.085 [COUNTY AUDITOR'S OFFICE AND MUNICIPAL
CLERK'S OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.]
The county auditor's office in each county and the clerk's
office in each city or town authorized under section 203B.05 to administer
absentee balloting must be open for acceptance of absentee ballot
applications and casting of absentee ballots from 10:00 a.m. to 3:00 p.m. on
Saturday and until 5:00 p.m. on Monday the day immediately
preceding a primary, special, or general election unless that day falls on a
Saturday or Sunday. Town clerks'
offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the
Saturday before a town general election held in March. The school district clerk, when performing
the county auditor's election duties, need not comply with this section.
Sec. 17.
Minnesota Statutes 2002, section 203B.125, is amended to read:
203B.125 [SECRETARY OF STATE TO MAKE RULES.]
Subdivision 1.
[AUTHORIZED RULEMAKING.] The secretary of state shall adopt rules
establishing methods and procedures for issuing ballot cards and related
absentee forms to be used as provided in section 203B.08, subdivision 1a, and
for the reconciliation of voters and ballot cards before tabulation under
section 203B.12.
Subd. 2.
[EMERGENCY PROCEDURES.] The secretary of state may designate
alternate methods for handling absentee ballots during periods of declared
national or state emergency as described by section 12.31. This authority is exempt from the
requirements of chapter 14.
Sec. 18. Minnesota
Statutes 2002, section 204B.06, subdivision 1, is amended to read:
Subdivision 1. [FORM OF
AFFIDAVIT.] (a) An affidavit of candidacy shall state the name of the office
sought and shall state that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a candidate for any
office at the same primary or next ensuing general election, except that a
candidate for soil and water conservation district supervisor in a district not
located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County,
may also have on file an affidavit of candidacy for mayor or council member of
a statutory or home rule charter city of not more than 2,500 population
contained in whole or in part in the soil and water conservation district or
for town supervisor in a town of not more than 2,500 population contained in
whole or in part in the soil and water conservation district; and
(3) is, or will be on assuming the office, 21 years of age or
more, and will have maintained residence in the district from which the
candidate seeks election for 30 days before the general election.
An affidavit of candidacy must include a statement that the
candidate's name as written on the affidavit for ballot designation is the
candidate's true name or the name by which the candidate is commonly and
generally known in the community.
An affidavit of candidacy for partisan office shall also state
the name of the candidate's political party or political principle, stated in
three words or less.
(b) This subdivision does not apply to a candidate Candidates
for president or vice-president of the United States are not required to
file an affidavit of candidacy for office and this subdivision does not apply
to those candidates.
Sec. 19. Minnesota
Statutes 2002, section 204B.07, subdivision 2, is amended to read:
Subd. 2. [PETITIONS FOR
PRESIDENTIAL ELECTORS.] This subdivision does not apply to candidates for
presidential elector nominated by major political parties. Major party candidates for presidential elector
are certified under section 208.03.
Other presidential electors are nominated by petition pursuant to this
section. On petitions nominating
presidential electors, the names of the candidates for president and
vice-president shall be added to the political party or political principle
stated on the petition. One petition
may be filed to nominate a slate of presidential electors equal in number to
the number of electors to which the state is entitled. This subdivision does not apply to
candidates for presidential elector nominated by major political parties. Major party candidates for presidential
elector are certified under section 208.03.
Sec. 20.
Minnesota Statutes 2002, section 204B.09, subdivision 1, is amended to
read:
Subdivision 1. [CANDIDATES
IN STATE AND COUNTY GENERAL ELECTIONS.] (a) Except as otherwise provided by
this subdivision, affidavits of candidacy and nominating petitions for county,
state, and federal offices filled at the state general election shall be filed
not more than 70 days nor less than 56 days before the state primary. The affidavit may be prepared and signed at
any time between 60 days before the filing period opens and the last day of the
filing period.
(b) Notwithstanding other law to the contrary, the affidavit of
candidacy must be signed in the presence of a notarial officer or an individual
authorized to administer oaths under section 358.10.
(c) This provision does not apply to candidates for
presidential elector nominated by major political parties. Major party candidates for presidential
elector are certified under section 208.03.
Other candidates for presidential electors may file petitions on or
before the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies in nominations
shall be filed as provided in section 204B.13.
No affidavit or petition shall be accepted later than 5:00 p.m. on the
last day for filing.
(d) Affidavits and petitions for offices to be voted on in only
one county shall be filed with the county auditor of that county. Affidavits and petitions for offices to be
voted on in more than one county shall be filed with the secretary of state.
Sec. 21. Minnesota
Statutes 2002, section 204B.09, subdivision 3, is amended to read:
Subd. 3. [WRITE-IN
CANDIDATES.] (a) A candidate for state or federal office who wants write-in
votes for the candidate to be counted must file a written request with the
filing office for the office sought no later than the fifth day before
the general election. The filing
officer shall provide copies of the form to make the request.
(b) A candidate for president of the United States who files a
request under this subdivision must include the name of a candidate for
vice-president of the United States.
The request must also include the name of at least one candidate for
presidential elector. The total number
of names of candidates for presidential elector on the request may not exceed
the total number of electoral votes to be cast by Minnesota in the presidential
election.
(c) A candidate for governor who files a request under this
subdivision must include the name of a candidate for lieutenant governor.
Sec. 22. Minnesota
Statutes 2002, section 204B.16, subdivision 3, is amended to read:
Subd. 3. [DESIGNATION
EFFECTIVE UNTIL CHANGED.] The designation of a polling place pursuant to this
section shall remain effective until a different polling place is designated
for that precinct. No designation of a
new or different polling place shall become effective less than 90 days prior
to an election, including school district elections or referenda, and no
polling place changes may occur during the period between the state primary and
the state general election, except that a new polling place may be designated
to replace a polling place that has become unavailable for use.
Sec. 23. Minnesota
Statutes 2002, section 204B.19, subdivision 1, is amended to read:
Subdivision 1.
[INDIVIDUALS QUALIFIED TO BE ELECTION JUDGES.] Except as provided in
subdivision 6, any individual who is eligible to vote in whether
or not the precinct where they reside is in the same county as the precinct
where they will serve. If there are not
sufficient voters within the municipality or school district who are qualified
and willing to serve as election judges, election judges may be appointed who
reside in the county where the precinct is located. an election
precinct this state is qualified to be appointed as an election
judge for that precinct subject to this section. If the files of the appointing authority
do not contain sufficient voters within a precinct who are qualified and
willing to serve as election judges, election judges may be appointed who
reside in another precinct in the same municipality, or for school district
elections, in the same school district,
Sec. 24. Minnesota
Statutes 2002, section 204B.19, subdivision 6, is amended to read:
Subd. 6. [HIGH SCHOOL
STUDENTS.] Notwithstanding any other requirements of this section, a student
enrolled in a high school in Minnesota or who is in a homeschool in
compliance with sections 120A.22 and 120A.24, who has attained the age of
16 is eligible to be appointed as a without party affiliation trainee election
judge in the county in which the student resides. The student must meet qualifications for trainee election judges
specified in rules of the secretary of state.
A student appointed as a trainee election judge may be excused from
school attendance during the hours that the student is serving as a trainee
election judge if the student submits a written request signed and approved by
the student's parent or guardian to be absent from school and a certificate
from the appointing authority stating the hours during which the student will
serve as a trainee election judge to the principal of the school at least ten
days prior to the election. Students
shall not serve as trainee election judges after 10:00 p.m. Notwithstanding section 177.24 to the
contrary, trainee election judges may be paid not less than two-thirds of the
minimum wage for a large employer. The
principal of the school may approve a request to be absent from school
conditioned on acceptable academic performance and the requirement that the
student must have completed or be enrolled in a course of study in government
at the time of service as a trainee election judge.
Sec. 25. Minnesota
Statutes 2002, section 204B.22, is amended by adding a subdivision to read:
Subd. 4.
[ELECTION JUDGE TRAINEES NOT COUNTED TOWARD MINIMUM NUMBER OF ELECTION
JUDGES.] The presence or participation of election judge trainees must not
be counted toward satisfying any of the required numbers of election judges in
this chapter.
Sec. 26. Minnesota
Statutes 2002, section 204B.36, subdivision 4, is amended to read:
Subd. 4. [JUDICIAL
CANDIDATES.] The official ballot shall contain the names of all candidates for
each judicial office and shall state the number of those candidates for whom a
voter may vote. Each seat for an
associate justice, associate judge, or judge of the district court must be
numbered. The words "SUPREME
COURT," "COURT OF APPEALS," and "(number) DISTRICT
COURT" must be printed above the respective judicial office groups on the
ballot. The title of each judicial
office shall be printed on the official primary and general election ballot as
follows:
(a) In the case of the Supreme Court:
"Chief justice - Supreme Court";
"Associate justice (number) - Supreme Court"
(b) In the case of the Court of Appeals:
"Judge (number) - Court of Appeals"; or
(c) In the case of the district court:
"Judge (number) - (number) district court."
Sec. 27. Minnesota
Statutes 2002, section 204B.41, is amended to read:
204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.]
When a vacancy in nomination occurs through the death or
catastrophic illness of a candidate after the 16th day before the general
election, the officer in charge of preparing the ballots shall prepare and
distribute a sufficient number of separate paper ballots which shall be headed
with the words "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the title of the
office for which the vacancy in nomination has been filled and the names of all
the candidates nominated for that office.
The ballot shall conform to the provisions governing the printing of
other official ballots as far as practicable.
The title of the office and the names of the candidates for that office
shall be blotted out or stricken from the regular ballots by the election
judges. The official supplemental ballot
shall be given to each voter when the voter is given the regular ballot or is
directed to the voting machine. Regular
ballots shall not be changed nor shall official supplemental ballots be
prepared as provided in this section during the three six calendar
days before an election. Absentee
ballots that have been mailed prior to the preparation of official supplemental
ballots shall be counted in the same manner as if the vacancy had not occurred. Official supplemental ballots shall not
be mailed to absent voters to whom ballots were mailed before the official
supplemental ballots were prepared. Both an official supplemental ballot
and a replacement regular ballot from which the title of the office and names
of the candidates for that office have been blotted out or stricken as provided
in this section must be provided to each absentee voter or voter residing in a
precinct voting by mail who requests either of them under section 203B.06,
subdivision 3. The election judges
conducting absentee voting in health care facilities as provided in section
203B.11, subdivision 1, must deliver official supplemental ballots and
replacement regular ballots to those facilities no later than 5:00 p.m. on the
day before the election.
Sec. 28. Minnesota
Statutes 2002, section 204C.06, is amended by adding a subdivision to read:
Subd. 8. [ACCESS
FOR NEWS MEDIA.] The county auditor or municipal or school district clerk,
or their designee, may, by written authorization, permit news media
representatives to enter polling places for up to 15 minutes during voting
hours to observe the voting process. A
media representative must obtain prior authorization and present photo
identification to the head election judge upon arrival at the polling place and
must not otherwise:
(1) approach within six feet of an election judge or voter;
(2) converse with a voter while in the polling place;
(3) make a list of persons voting or not voting; or
(4) interview a voter within the polling place.
Sec. 29. Minnesota Statutes
2002, 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 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. 30. Minnesota
Statutes 2002, section 204C.33, subdivision 1, is amended to read:
Subdivision 1. [COUNTY
CANVASS.] The county canvassing board shall meet at the county auditor's office
on or before the seventh day following the state general election. After taking the oath of office, the board
shall promptly and publicly canvass the general election returns delivered to
the county auditor. Upon completion of
the canvass, the board shall promptly prepare and file with the county auditor
a report which states:
(a) The number of individuals voting at the election in the
county and in each precinct;
(b) The number of individuals registering to vote on election
day and the number of individuals registered before election day in each
precinct;
(c) The names of the candidates for each office and the number
of votes received by each candidate in the county and in each precinct,
including write-in candidates for state and federal office who have requested
under section 204B.09 that votes for those candidates be tallied;
(d) The number of votes counted for and against a proposed
change of county lines or county seat; and
(e) The number of votes counted for and against a
constitutional amendment or other question in the county and in each precinct.
The result of write-in votes cast on the general election
ballots must be compiled by the county auditor before the county canvass,
except that write-in votes for a candidate for state or federal office must not
be counted unless the candidate has timely filed a request under section
204B.09, subdivision 3. The county
auditor shall arrange for each municipality to provide an adequate number of
election judges to perform this duty or the county auditor may appoint
additional election judges for this purpose.
The county auditor may open the envelopes or containers in which the
voted ballots have been sealed in order to count and record the write-in votes
and must reseal the voted ballots at the conclusion of this process.
Upon completion of the canvass, the county canvassing board
shall declare the candidate duly elected who received the highest number of
votes for each county and state office voted for only within the county. The county auditor shall transmit one of the
certified copies of the county canvassing board report for state and federal
offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass.
Sec. 31. Minnesota
Statutes 2002, section 204C.35, is amended by adding a subdivision to read:
Subd. 3. [SCOPE
OF RECOUNT.] A recount conducted as provided in this section 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.
Sec. 32. Minnesota
Statutes 2002, section 204C.36, subdivision 1, is amended to read:
Subdivision 1. [REQUIRED
AUTOMATIC 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 shall 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.
(a) If the difference between the votes cast for the candidates for
nomination to a county, municipal, or school district 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 that nomination is 400 votes or less,
and the difference
determines the nomination, the canvassing board with responsibility for
declaring the results for that office must recount the vote. The scope of the recount is solely to
recount the votes counted on election day.
(b) In a general election, if the difference between the
votes of a candidate who would otherwise be declared elected to a county,
municipal, or school district 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 that office is 400 votes or less,
the canvassing board must
recount the votes. The scope of the
recount is solely to recount the votes counted on election day.
(c) In the 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. 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.
(d) A recount must not delay any other part of the
canvass. The results of the recount
must be certified by the canvassing board as soon as possible.
(e) Time for notice of a contest for an office which is
recounted under this section begins to run on certification of the results of
the recount by the canvassing board.
(f) A losing candidate may waive a recount required under
this section by filing a written notice of waiver with the canvassing board.
(g) The county auditor must recount the votes for a county
office at the expense of the county, the governing body of the municipality
must recount the votes for a municipal office at the expense of the
municipality, and the school board of the school district must recount the
votes for a school district office at the expense of the school district.
Sec. 33. Minnesota
Statutes 2002, section 204C.36, subdivision 3, is amended to read:
Subd. 3. [DISCRETIONARY
BALLOT QUESTION RECOUNTS.] (a) A recount may must 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. The expenses for
the recount must be paid for by the political subdivision placing the question
on the ballot.
(b) In other cases, 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.
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.
Sec. 34. Minnesota
Statutes 2002, section 204C.36, is amended by adding a subdivision to read:
Subd. 6. [SCOPE
OF RECOUNT.] A recount conducted as provided in this section is limited in
scope to the determination of the number of votes validly cast for the office
or question 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.
Sec. 35. Minnesota
Statutes 2002, section 204C.361, is amended to read:
204C.361 [RULES FOR RECOUNTS.]
(a) The secretary of state shall adopt rules according
to the Administrative Procedure Act establishing uniform recount
procedures. All recounts provided for
by sections 204C.35, 204C.36, and 206.88, shall be conducted in accordance with
these rules.
(b) Notwithstanding Minnesota Rules, part 8235.0800, the
requirement that ballots be recounted by precinct means that a recount official
shall maintain the segregation of ballots by precinct but the recount official
may recount more than one precinct at a time in physically separate locations
within the room in which the recount is administered.
Sec. 36. Minnesota
Statutes 2002, section 204D.14, is amended by adding a subdivision to read:
Subd. 3.
[UNCONTESTED JUDICIAL OFFICES.] Judicial offices for which there is
only one candidate filed must appear after all judicial offices on the canary
ballot.
Sec. 37. [204D.169]
[EXAMPLE SUPPLEMENTAL BALLOT.]
When an official supplemental ballot must be used in a general
election in accordance with section 204B.41, the secretary of state shall
supply each auditor with a copy of an example supplemental ballot at least
three days prior to the election. The
example supplemental ballot must illustrate the format required for the
official supplemental ballot.
The county auditor shall distribute copies of the example
supplemental ballot to municipal and school district clerks in municipalities
and school districts holding elections that year. The official supplemental ballot must conform in all respects to
the example supplemental ballot.
Failure of the official supplemental ballot to conform may be reported
by any person to the county attorney in the same manner as provided by section
201.275.
Sec. 38. Minnesota Statutes
2002, section 204D.27, subdivision 11, is amended to read:
Subd. 11. [CERTIFICATE
OF LEGISLATIVE ELECTION.] A certificate of election in a special election for
state senator or state representative shall be issued by the county auditor
or the secretary of state to the individual declared elected by the county
or state canvassing board two days, excluding Sundays and legal holidays, after
the appropriate canvassing board finishes canvassing the returns for the
election.
In case of a contest the certificate shall not be issued until
the district court determines the contest.
Sec. 39. Minnesota
Statutes 2002, section 205.02, subdivision 1, is amended to read:
Subdivision 1.
[MINNESOTA ELECTION LAW.] Except as expressly provided in this
chapter by law, the provisions of the Minnesota Election Law apply
to municipal elections, so far as practicable.
Sec. 40. Minnesota
Statutes 2002, section 205.075, is amended by adding a subdivision to read:
Subd. 3. [MORE
THAN ONE SEAT TO BE FILLED AT ANY ELECTION.] A candidate filing for town
supervisor when more than one seat is to be filled at an election held under
subdivision 2 must designate when filing the specific seat which the candidate
is seeking.
Sec. 41. Minnesota
Statutes 2002, section 205.16, subdivision 4, is amended to read:
Subd. 4. [NOTICE TO
AUDITOR.] At least 49 53 days prior to every municipal election,
the municipal clerk shall provide a written notice to the county auditor,
including the date of the election, the offices to be voted on at the election,
and the title and language for each ballot question to be voted on at the
election.
Sec. 42. Minnesota
Statutes 2002, section 205.16, is amended by adding a subdivision to read:
Subd. 5. [NOTICE
TO SECRETARY OF STATE.] At least 46 days prior to every municipal election
for which a notice is provided to the county auditor under subdivision 4, the
county auditor shall provide a notice of the election to the secretary of
state, in a manner and including information prescribed by the secretary of
state.
Sec. 43. Minnesota
Statutes 2002, section 205.185, subdivision 2, is amended to read:
Subd. 2. [ELECTION,
CONDUCT.] A municipal election shall be by secret ballot and shall be held and
the returns made in the manner provided for the state general election, so
far as practicable except as expressly provided by law.
Sec. 44. Minnesota
Statutes 2002, section 205.185, subdivision 3, is amended to read:
Subd. 3. [CANVASS OF
RETURNS, CERTIFICATE OF ELECTION, BALLOTS, DISPOSITION.] (a) Within seven days
after an election, the governing body of a city conducting any election including
a special municipal election, or the governing body of a town conducting
the general election in November shall act as the canvassing board,
canvass the returns, and declare the results of the election. The governing body of a town conducting the
general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within two days after
an election.
(b) After the time for contesting
elections has passed, the municipal clerk shall issue a certificate of election
to each successful candidate. In case
of a contest, the certificate shall not be issued until the outcome of the
contest has been determined by the proper court.
(c) In case of a tie vote, the governing body canvassing
board having jurisdiction over the municipality shall determine the result
by lot. The clerk of the canvassing
board shall certify the results of the election to the county auditor, and
the clerk shall be the final custodian of the ballots and the returns of the
election.
Sec. 45. Minnesota
Statutes 2002, section 205A.02, is amended to read:
205A.02 [ELECTION LAW APPLICABLE.]
Except as provided in this chapter by law, the
Minnesota Election Law applies to school district elections, as far as
practicable. Elections in common
school districts shall be governed by section 123B.94.
Sec. 46. Minnesota
Statutes 2003 Supplement, section 205A.07, subdivision 3, is amended to read:
Subd. 3. [NOTICE TO
AUDITOR.] At least 49 53 days prior to every school district
election, the school district clerk shall provide a written notice to the
county auditor of each county in which the school district is located. The notice must include the date of the
election, the offices to be voted on at the election, and the title and
language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of
this section, in a bond election, a notice, including a proposed question, may
be provided to the county auditor prior to receipt of a review and comment from
the commissioner of education and prior to actual initiation of the election.
Sec. 47. Minnesota
Statutes 2002, section 205A.07, is amended by adding a subdivision to read:
Subd. 3b.
[NOTICE TO SECRETARY OF STATE.] At least 46 days prior to every
school district election for which a notice is provided to the county auditor
under subdivision 3, the county auditor shall provide a notice of the election
to the secretary of state, in a manner and including information prescribed by
the secretary of state.
Sec. 48. Minnesota
Statutes 2002, section 206.90, subdivision 6, is amended to read:
Subd. 6. [BALLOTS.] In
precincts using optical scan voting systems, a single ballot card on which all
ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment
may be printed in another color ink.
On the front of the ballot must be printed the words
"Official Ballot" and the date of the election and lines for the
initials of at least two election judges.
When optical scan ballots are used, the offices to be elected
must appear in the following order:
federal offices; state legislative offices; constitutional offices;
proposed constitutional amendments; county offices and questions; municipal
offices and questions; school district offices and questions; special district
offices and questions; and judicial offices.
On optical scan ballots, the names of candidates and the words
"yes" and "no" for ballot questions must be printed as
close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must
contain the words "write-in, if any."
If a primary ballot contains both a partisan ballot and a
nonpartisan ballot, the instructions to voters must include a statement that
reads substantially as follows:
"THIS BALLOT CARD CONTAINS A PARTISAN BALLOT AND
A NONPARTISAN BALLOT. ON THE PARTISAN
BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF ONE POLITICAL PARTY
ONLY." If a primary ballot
contains political party columns on both sides of the ballot, the instructions
to voters must include a statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
PRINTED ON THE OTHER SIDE OF THIS BALLOT.
VOTE FOR ONE POLITICAL PARTY ONLY." At the bottom of each political party column on the primary
ballot, the ballot must contain a statement that reads substantially as
follows: "CONTINUE VOTING ON THE
NONPARTISAN BALLOT." The
instructions in section 204D.08, subdivision 4, do not apply to optical scan
partisan primary ballots.
Sec. 49. Minnesota
Statutes 2002, section 211A.02, is amended by adding a subdivision to read:
Subd. 5.
[ELECTRONIC REPORTING.] The reports required by this section may be
filed electronically, subject to the approval of the filing officer.
Sec. 50. Minnesota
Statutes 2002, section 351.01, subdivision 4, is amended to read:
Subd. 4. [WITHDRAWAL OF
RESIGNATION.] A prospective resignation permitted by subdivision 3 may only be
withdrawn by a written statement signed by the officer and submitted in the
same manner as the resignation, and may only be withdrawn before it has
been accepted by resolution of the body or board or before a written
acceptance of the resignation by an officer authorized to receive it.
Sec. 51. Minnesota
Statutes 2002, section 365.51, subdivision 3, is amended to read:
Subd. 3. [OFFICERS;
OTHER BUSINESS.] An annual town election shall be held on the same day as the
annual town meeting to elect all town officers required by law to be elected and
to consider ballot questions, except as provided in section 205.075, subdivision
2. Other town business shall be
conducted at the town meeting as provided by law.
Sec. 52. Minnesota
Statutes 2002, section 367.12, is amended to read:
367.12 [DEPUTY CLERK.]
Each town clerk may appoint a deputy, for whose acts the clerk
shall be responsible, and who, in the clerk's absence or disability, shall
perform the clerk's duties. If a
town clerk has not appointed a deputy, the town treasurer shall perform the
duties of the clerk relating to receiving candidate filings when the clerk is
absent.
Sec. 53. Minnesota
Statutes 2002, section 414.041, subdivision 1, is amended to read:
Subdivision 1.
[INITIATING THE PROCEEDING.] (a) Two or more municipalities may be the
subject of a single proceeding provided that each municipality abuts at least
one of the included municipalities.
(b) The proceeding shall be initiated in one of the following
ways:
(1) submitting to the director a resolution of the city council
of each affected municipality;
(2) submitting to the director a petition signed by a number
of residents eligible to vote equivalent to five percent or more of the
resident voters of a municipality who voted for governor at the last general
election; or
(3) by the director.
(c) The petition or resolution shall set
forth the following information about each included municipality: name, description of boundaries, the reasons
for requesting the consolidation and the names of all parties entitled to
mailed notice under section 414.09.
(d) The party initiating the proceeding shall serve copies of
the petition or resolution on all of the included municipalities.
Sec. 54. Minnesota
Statutes 2002, section 447.32, subdivision 3, is amended to read:
Subd. 3. [ELECTION
NOTICES.] At least two weeks before the first day to file affidavits of
candidacy, the clerk of the district shall publish a notice stating the first
and last day on which affidavits of candidacy may be filed, the places for
filing the affidavits and the closing time of the last day for filing. The clerk shall post a similar notice in at
least one conspicuous place in each city and town in the district at least ten
days before the first day to file affidavits of candidacy.
At least 53 days prior to every hospital district election,
the hospital district clerk shall provide a written notice to the county
auditor of each county in which the hospital district is located. The notice must include the date of the
election, the offices to be voted on at the election, and the title and
language for each ballot question to be voted on at the election. At least 46 days before a hospital district
election for which a notice is provided to the county auditor under this
subdivision, the county auditor shall provide a notice to the secretary of
state in a manner and including information prescribed by the secretary of
state.
The notice of each election must be posted in at least one
public and conspicuous place within each city and town included in the district
at least ten days before the election.
It must be published in the official newspaper of the district or, if a
paper has not been designated, in a legal newspaper having general circulation
within the district, at least two weeks before the election. Failure to give notice does not invalidate
the election of an officer of the district.
A voter may contest a hospital district election in accordance with
chapter 209. Chapter 209 applies to
hospital district elections.
Sec. 55. Minnesota
Statutes 2002, section 447.32, subdivision 4, is amended to read:
Subd. 4. [CANDIDATES;
BALLOTS; CERTIFYING ELECTION.] A person who wants to be a candidate for the
hospital board shall file an affidavit of candidacy for the election either as
member at large or as a member representing the city or town where the candidate
resides. The affidavit of candidacy
must be filed with the city or town clerk not more than ten weeks nor less than
eight weeks before the Tuesday after the second Monday in September of the
year in which the general election is held. The city or town clerk must forward the
affidavits of candidacy to the clerk of the hospital district or, for the first
election, the clerk of the most populous city or town immediately after the
last day of the filing period. A
candidate may withdraw from the election by filing an affidavit of withdrawal
with the clerk of the district no later than 5:00 p.m. two days after the last
day to file affidavits of candidacy.
Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary
ballots for the election of officers.
Ballots must be printed on tan paper and prepared as provided in the
rules of the secretary of state. The
ballots must be marked and initialed by at least two judges as official ballots
and used exclusively at the election.
Any proposition to be voted on may be printed on the ballot provided for
the election of officers. The hospital
board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to
receive the votes at each polling place.
The election judges shall act as clerks of election, count the ballots
cast, and submit them to the board for canvass.
After canvassing the election, the board shall issue a
certificate of election to the candidate who received the largest number of
votes cast for each office. The clerk
shall deliver the certificate to the person entitled to it in person or by
certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within
30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.
Sec. 56. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE
7
UNIFORM
STATE AND LOCAL ELECTION DATES
Section 1. [204D.035]
[PERIODIC UNIFORM ELECTION DAY.]
Subdivision 1.
[SHORT TITLE.] This section may be referred to as the "Periodic
Uniform Election Day Act of 2004."
Subd. 2.
[ELECTIONS COVERED.] This section applies to all state, county,
municipal, school district, and any other political subdivision elections held
in the state of Minnesota, and elections on ballot questions, except for (i)
elections held to fill a vacancy in office and required by statute to be held
sooner than the next day designated in subdivision 3, or (ii) elections
conducted by mail.
Subd. 3.
[ELECTIONS ON DESIGNATED DAYS.] (a) Notwithstanding other law to the
contrary, elections covered in subdivision 2 may be held only on the following
days:
(1) the second Tuesday in March;
(2) the third Tuesday in May;
(3) the first Tuesday after the second Monday in September;
and
(4) the first Tuesday after the first Monday in November.
(b) The time period in which a special election must be
conducted under any other law or charter provision must be extended to conform
to the requirements of this subdivision.
Subd. 4.
[PRIMARY DATE IF NOT SPECIFIED.] If other law provides for a primary
to take place for a particular office but does not specify the date of the
primary, the primary may be held on one of the days specified in subdivision 3,
paragraph (a), clauses (1) to (3). The
general election for the office must be held on the date listed in subdivision
3 that immediately follows the date chosen for the primary.
Subd. 5.
[ELECTION TIMES AND POLLING PLACES.] An election held in a
jurisdiction on one of the days specified in subdivision 3 must be held during
the hours determined under section 204C.05.
Subd. 6.
[APPLICABLE LAWS.] Except as otherwise provided by this section,
Minnesota election law remains applicable to elections held on any of the days
listed in subdivision 3.
Sec. 2. Minnesota
Statutes 2003 Supplement, section 123B.63, subdivision 3, is amended to read:
Subd. 3. [CAPITAL
PROJECT LEVY REFERENDUM.] A district may levy the local tax rate approved by a
majority of the electors voting on the question to provide funds for an
approved project. The election must
take place no more than five years
before the estimated date of commencement of the project. The referendum must be held on a date set
by the board specified under section 204D.035, subdivision 3. A referendum for a project not receiving a
positive review and comment by the commissioner under section 123B.71 must be
approved by at least 60 percent of the voters at the election. The referendum may be called by the school
board and may be held:
(1) separately, before an election for the issuance of
obligations for the project under chapter 475; or
(2) in conjunction with an election for the issuance of
obligations for the project under chapter 475; or
(3) notwithstanding section 475.59, as a conjunctive question
authorizing both the capital project levy and the issuance of obligations for
the project under chapter 475. Any
obligations authorized for a project may be issued within five years of the
date of the election.
The ballot must provide a general description of the proposed
project, state the estimated total cost of the project, state whether the
project has received a positive or negative review and comment from the
commissioner, state the maximum amount of the capital project levy as a
percentage of net tax capacity, state the amount that will be raised by that
local tax rate in the first year it is to be levied, and state the maximum
number of years that the levy authorization will apply.
The ballot must contain a textual portion with the information
required in this section and a question stating substantially the following:
"Shall the capital project levy proposed by the board of
.......... School District No. .......... be approved?"
If approved, the amount provided by the approved local tax rate
applied to the net tax capacity for the year preceding the year the levy is
certified may be certified for the number of years approved.
In the event a conjunctive question proposes to authorize both
the capital project levy and the issuance of obligations for the project,
appropriate language authorizing the issuance of obligations must also be
included in the question.
The district must notify the commissioner of the results of the
referendum.
Sec. 3. Minnesota
Statutes 2002, section 126C.17, subdivision 11, is amended to read:
Subd. 11. [REFERENDUM
DATE.] (a) Except for a referendum held under paragraph (b), any referendum
under this section held on a day other than the first Tuesday after the first
Monday in November must be conducted by mail in accordance with section
204B.46. Notwithstanding subdivision 9,
paragraph (b), to the contrary, in the case of a referendum conducted by mail
under this paragraph, the notice required by subdivision 9, paragraph (b), must
be prepared and delivered by first-class mail at least 20 days before the
referendum.
(b) In addition to the referenda allowed in subdivision 9,
clause (a), the commissioner may grant authority to a district to hold a
referendum on a different day if the district is in statutory operating debt
and has an approved plan or has received an extension from the department to
file a plan to eliminate the statutory operating debt. A referendum must be held on a date
specified under section 204D.035, subdivision 3.
(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day within 60 days of
receiving the request from a district.
Sec. 4. Minnesota
Statutes 2002, section 204C.05, is amended by adding a subdivision to read:
Subd. 1c.
[ELECTIONS; MUNICIPALITIES AND SCHOOL DISTRICTS.] The governing body
of a municipality or school district may, by resolution, designate the time
during which the polling places will remain open for voting at the next
succeeding and all later municipal or school district elections that are not
held at the same time as the state primary or state general election. All polling places must be open at least
between the hours of 10:00 a.m. and 8:00 p.m.
The resolution remains in effect until revoked by the governing board or
a petition from voters is filed under this subdivision. If a petition requesting longer voting hours
for any election is signed by a number of voters equal to 20 percent of the
votes cast in the last municipal or school district general election, whichever
applies, and filed with the appropriate municipal or school district clerk no
later than 30 days before an election, then the polling places for that
election must open at 7:00 a.m. and close at 8:00 p.m. The municipal or school district clerk must
give ten days published and posted notice of the change in hours and notify the
appropriate county auditors of the change.
Sec. 5. Minnesota
Statutes 2002, section 205.10, subdivision 3, is amended to read:
Subd. 3. [PROHIBITION.]
No A special election authorized under subdivision 1 may be held within
40 days after the state general election only on one of the dates
specified in section 204D.035, subdivision 3.
Sec. 6. [205.176]
[VOTING HOURS.]
In all municipal elections the hours for voting must be
determined as provided by section 204C.05.
Sec. 7. Minnesota
Statutes 2002, section 205A.05, subdivision 1, is amended to read:
Subdivision 1.
[QUESTIONS.] Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board may on its own motion call
a special election to vote on any matter requiring approval of the voters of a
district. Upon petition of 50 or more
voters of the school district or five percent of the number of voters voting at
the preceding regular school district election, the school board shall by
resolution call a special election to vote on any matter requiring approval of
the voters of a district. A question is
carried only with the majority in its favor required by law. The election officials for a special
election are the same as for the most recent school district general election
unless changed according to law.
Otherwise, special elections must be conducted and the returns made in
the manner provided for the school district general election. A special election may not be held during
the 30 days before and the 30 days after the state primary, during the 30 days
before and the 40 days after the state general election. In addition, a special election may not be
held during the 20 days before and the 20 days after any regularly scheduled
election of a municipality wholly or partially within the school district. A special election under this subdivision
must be held only on one of the dates specified in section 204D.035,
subdivision 3. Notwithstanding any
other law to the contrary, the time period in which a special election must be
conducted under any other law may be extended by the school board to conform
with the requirements of this subdivision.
Sec. 8. [205A.095]
[HOURS FOR VOTING.]
The hours for voting in school district elections must be
determined as provided by section 204C.05.
Sec. 9. Minnesota
Statutes 2002, section 373.40, subdivision 2, is amended to read:
Subd. 2. [APPLICATION
OF ELECTION REQUIREMENT.] (a) Bonds issued by a county to finance capital
improvements under an approved capital improvement plan are not subject to the
election requirements of section 375.18 or 475.58. The bonds must be approved by vote of at least three-fifths of
the members of the county board. In the
case of a metropolitan county, the bonds must be approved by vote of at least
two-thirds of the members of the county board.
(b) Before issuance of bonds qualifying under this section, the
county must publish a notice of its intention to issue the bonds and the date
and time of a hearing to obtain public comment on the matter. The notice must be published in the official
newspaper of the county or in a newspaper of general circulation in the
county. The notice must be published at
least 14, but not more than 28, days before the date of the hearing.
(c) A county may issue the bonds only upon obtaining the
approval of a majority of the voters voting on the question of issuing the
obligations, if a petition requesting a vote on the issuance is signed by
voters equal to five percent of the votes cast in the county in the last
general election and is filed with the county auditor within 30 days after the
public hearing. The commissioner of
revenue shall prepare a suggested form of the question to be presented at the
election. The election may be held
only on one of the dates specified in section 204D.035, subdivision 3.
Sec. 10. Minnesota
Statutes 2002, section 375.20, is amended to read:
375.20 [BALLOT QUESTIONS.]
If the county board may do an act, incur a debt, appropriate
money for a purpose, or exercise any other power or authority, only if
authorized by a vote of the people, the question may be submitted at a special
or general election, by a resolution specifying the matter or question to be
voted upon. If the question is to
authorize the appropriation of money, creation of a debt, or levy of a tax, it
shall state the amount. Notice of the
election shall be given as in the case of special elections. If the question submitted is adopted, the
board shall pass an appropriate resolution to carry it into effect. In the election the form of the ballot shall
be: "In favor of (here state the
substance of the resolution to be submitted), Yes ...... No......," with a square opposite each
of the words "yes" and "no," in one of which the voter
shall mark an "X" to indicate a choice. The county board may call a special county election upon a
question to be held within 60 days on any date specified by section
204D.035, subdivision 3, after a resolution to that effect is adopted by
the county board. Upon the adoption of
the resolution the county auditor shall post and publish notices of the
election, as required by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the
returns canvassed in the manner prescribed by sections 204D.20 to 204D.27, so
far as practicable.
Sec. 11. Minnesota
Statutes 2002, section 458.40, is amended to read:
458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.]
If a charter adopted under the Minnesota Constitution, article
IV, section 36, article XI, section 4, or article XII, section 5, has a
provision that requires the question of the issuance of bonds to be submitted
to the electors, the provision prevails over sections 458.36 to 458.40. The question must be submitted to the
voters on one of the dates specified in section 204D.035, subdivision 3,
notwithstanding any contrary provision in the charter regarding the date of
submission.
Sec. 12. Minnesota
Statutes 2003 Supplement, section 465.82, subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF
PLAN.] The plan must state:
(1) the specific cooperative activities the units will engage
in during the first two years of the venture;
(2) the steps to be taken to effect the merger of the
governmental units, with completion no later than four years after the process
begins;
(3) the steps by which a single governing body will be created
or, when the entire territory of a unit will be apportioned between or among
two or more units contiguous to the unit that is to be apportioned, the steps
to be taken by the governing bodies of the remaining units to provide for
representation of the residents of the apportioned unit;
(4) changes in services provided, facilities used, and
administrative operations and staffing required to effect the preliminary
cooperative activities and the final merger, and a two-, five-, and ten-year
projection of expenditures for each unit if it combined and if it remained
separate;
(5) treatment of employees of the merging governmental units,
specifically including provisions for reassigning employees, dealing with
exclusive representatives, and providing financial incentives to encourage
early retirements;
(6) financial arrangements for the merger, specifically
including responsibility for debt service on outstanding obligations of the
merging units;
(7) one- and two-year impact analyses, prepared by the granting
state agency at the request of the local government unit, of major state aid
revenues received for each unit if it combined and if it remained separate,
including an impact analysis, prepared by the Department of Revenue, of any
property tax revenue implications associated with tax increment financing
districts and fiscal disparities under chapter 276A or 473F resulting from the
merger;
(8) procedures for a referendum to be held on a date
specified in section 204D.035, subdivision 3, before the proposed
combination to approve combining the local government units, specifically
stating whether a majority of those voting in each district proposed for
combination or a majority of those voting on the question in the entire area
proposed for combination is needed to pass the referendum; and
(9) a time schedule for implementation.
Notwithstanding clause (3) or any other law to the contrary,
all current members of the governing bodies of the local government units that
propose to combine under sections 465.81 to 465.86 may serve on the initial
governing body of the combined unit until a gradual reduction in membership is
achieved by foregoing election of new members when terms expire until the
number permitted by other law is reached.
Sec. 13. Minnesota
Statutes 2003 Supplement, section 465.84, is amended to read:
465.84 [REFERENDUM.]
During the first or second year of cooperation, a referendum on
the question of combination must be conducted.
The referendum must be on a date specified by section 204D.035,
subdivision 3, and called by the governing bodies of the units that propose
to combine. The referendum must be
conducted according to the Minnesota Election Law, as defined in section
200.01. If the referendum fails, the
same question or a modified question may be submitted the following year. If the referendum fails again, the same
question may not be submitted.
Referendums shall be conducted on the same date in all local government
units.
Sec. 14. Minnesota
Statutes 2002, section 469.053, subdivision 5, is amended to read:
Subd. 5. [REVERSE
REFERENDUM.] A city may increase its levy for port authority purposes under
subdivision 4 only as provided in this subdivision. Its city council must first pass a resolution stating the
proposed amount of levy increase. The
city must then publish the resolution together with a notice of public hearing
on the resolution for two successive weeks in its official newspaper or, if
none exists, in a newspaper of general circulation in the city. The hearing must be held two to four weeks
after the first publication. After the
hearing, the city council may decide to take no action or may adopt a
resolution authorizing the proposed increase or a lesser increase. A resolution authorizing an increase must be
published in the city's official newspaper or, if none exists, in a newspaper
of general circulation in the city. The
resolution is not effective if a petition requesting a referendum on the
resolution is filed with the city clerk within 30 days of publication of the
resolution. The petition must be signed
by voters equaling five percent
of the votes cast in the city in the last general election. The resolution is effective if approved by a
majority of those voting on the question.
The commissioner of revenue shall prepare a suggested form of referendum
question. The referendum must be held
at a special or general election before October 1 on a date specified
in section 204D.035, subdivision 3, of the year for which the levy increase
is proposed.
Sec. 15. Minnesota
Statutes 2002, section 469.0724, is amended to read:
469.0724 [GENERAL OBLIGATION BONDS.]
The port authority of Cannon Falls or Redwood Falls must not
proceed with the sale of general obligation tax supported bonds until the city
council by resolution approves the proposed issuance. The resolution must be published in the official newspaper. If, within 30 days after the publication, a
petition signed by voters equal in number to ten percent of the number of
voters at the last regular city election is filed with the city clerk, the city
and port authority must not issue the general obligation tax supported bonds
until the proposition has been approved by a majority of the votes cast on the
question at a regular or special election held on one of the dates specified
in section 204D.035, subdivision 3.
Sec. 16. Minnesota
Statutes 2002, section 469.190, subdivision 5, is amended to read:
Subd. 5. [REVERSE
REFERENDUM.] If the county board passes a resolution under subdivision 4 to
impose the tax, the resolution must be published for two successive weeks in a
newspaper of general circulation within the unorganized territory, together
with a notice fixing a date for a public hearing on the proposed tax.
The hearing must be held not less than two weeks nor more than
four weeks after the first publication of the notice. After the public hearing, the county board may determine to take
no further action, or may adopt a resolution authorizing the tax as originally
proposed or approving a lesser rate of tax.
The resolution must be published in a newspaper of general circulation
within the unorganized territory. The
voters of the unorganized territory may request a referendum on the proposed tax
by filing a petition with the county auditor within 30 days after the
resolution is published. The petition
must be signed by voters who reside in the unorganized territory. The number of signatures must equal at least
five percent of the number of persons voting in the unorganized territory in
the last general election. If such a
petition is timely filed, the resolution is not effective until it has been
submitted to the voters residing in the unorganized territory at a general or
special election held on one of the dates specified in section 204D.035,
subdivision 3, and a majority of votes cast on the question of approving
the resolution are in the affirmative.
The commissioner of revenue shall prepare a suggested form of question
to be presented at the referendum.
Sec. 17. Minnesota
Statutes 2003 Supplement, section 475.521, subdivision 2, is amended to read:
Subd. 2. [ELECTION
REQUIREMENT.] (a) Bonds issued by a city to finance capital improvements under
an approved capital improvements plan are not subject to the election
requirements of section 475.58. The
bonds are subject to the net debt limits under section 475.53. The bonds must be approved by an affirmative
vote of three-fifths of the members of a five-member city council. In the case of a city council having more
than five members, the bonds must be approved by a vote of at least two-thirds
of the city council.
(b) Before the issuance of bonds qualifying under this section,
the city must publish a notice of its intention to issue the bonds and the date
and time of the hearing to obtain public comment on the matter. The notice must be published in the official
newspaper of the city or in a newspaper of general circulation in the city. Additionally, the notice may be posted on the
official Web site, if any, of the city.
The notice must be published at least 14 but not more than 28 days
before the date of the hearing.
(c) A city may issue the bonds only after
obtaining the approval of a majority of the voters voting on the question of
issuing the obligations, if a petition requesting a vote on the issuance is
signed by voters equal to five percent of the votes cast in the city in the
last general election and is filed with the city clerk within 30 days after the
public hearing. The commissioner of
revenue shall prepare a suggested form of the question to be presented at the
election. The election must be held
on one of the dates specified by section 204D.035, subdivision 3.
Sec. 18. Minnesota
Statutes 2002, section 475.58, subdivision 1, is amended to read:
Subdivision 1.
[APPROVAL BY ELECTORS; EXCEPTIONS.] Obligations authorized by law or
charter may be issued by any municipality upon obtaining the approval of a
majority of the electors voting at a special or general election held on one
of the dates specified in section 204D.035, subdivision 3, on the question
of issuing the obligations, but an election shall not be required to authorize
obligations issued:
(1) to pay any unpaid judgment against the municipality;
(2) for refunding obligations;
(3) for an improvement or improvement program, which obligation
is payable wholly or partly from the proceeds of special assessments levied
upon property specially benefited by the improvement or by an improvement
within the improvement program, or of taxes levied upon the increased value of
property within a district for the development of which the improvement is
undertaken, including obligations which are the general obligations of the
municipality, if the municipality is entitled to reimbursement in whole or in
part from the proceeds of such special assessments or taxes and not less than
20 percent of the cost of the improvement or the improvement program is to be
assessed against benefited property or is to be paid from the proceeds of
federal grant funds or a combination thereof, or is estimated to be received
from such taxes within the district;
(4) payable wholly from the income of revenue producing
conveniences;
(5) under the provisions of a home rule charter which permits
the issuance of obligations of the municipality without election;
(6) under the provisions of a law which permits the issuance of
obligations of a municipality without an election;
(7) to fund pension or retirement fund liabilities pursuant to
section 475.52, subdivision 6;
(8) under a capital improvement plan under section 373.40; and
(9) under sections 469.1813 to 469.1815 (property tax abatement
authority bonds), if the proceeds of the bonds are not used for a purpose
prohibited under section 469.176, subdivision 4g, paragraph (b).
Sec. 19. Minnesota
Statutes 2002, section 475.58, subdivision 1a, is amended to read:
Subd. 1a. [RESUBMISSION
LIMITATION.] If the electors do not approve the issuing of obligations at an
election required by subdivision 1, the question of authorizing the obligations
for the same purpose and in the same amount may not be submitted to the
electors within a period of until a special or general election held
on a date specified in section 204D.035, subdivision 3, and not sooner than
180 days from the date the election was held.
If the question of authorizing the obligations for the same purpose and
in the same amount is not approved a second time it may not be submitted to the
electors within a period of one year after the second election.
Sec. 20.
Minnesota Statutes 2002, section 475.59, is amended to read:
475.59 [MANNER OF SUBMISSION; NOTICE.]
When the governing body of a municipality resolves to issue
bonds for any purpose requiring the approval of the electors, it shall provide
for submission of the proposition of their issuance at a general or special
election held on a date specified by section 204D.035, subdivision 3, or
at a town or school district meeting.
Notice of such election or meeting shall be given in the manner required
by law and shall state the maximum amount and the purpose of the proposed
issue. In any school district, the
school board or board of education may, according to its judgment and
discretion, submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition of their
issuance for any one or more of the following, stated conjunctively or in the
alternative: acquisition or enlargement
of sites, acquisition, betterment, erection, furnishing, equipping of one or
more new schoolhouses, remodeling, repairing, improving, adding to, betterment,
furnishing, equipping of one or more existing schoolhouses. In any city, town, or county, the governing
body may, according to its judgment and discretion, submit as a single ballot
question or as two or more separate questions in the notice of election and
ballots the proposition of their issuance, stated conjunctively or in the
alternative, for the acquisition, construction, or improvement of any
facilities at one or more locations.
Sec. 21. [REPEALER.]
Minnesota Statutes 2002, sections 204C.05, subdivisions 1a
and 1b; 205.175; and 205A.09, are repealed.
Sec. 22. [EFFECTIVE
DATE.]
This article is effective January 1, 2005.
ARTICLE
8
ELECTION
ADMINISTRATION
Section 1. [MAINTENANCE
OF EFFORT.]
The state or a unit of local government receiving federal
funds or equipment purchased with federal funds pursuant to the Help America
Vote Act (P.L. 107-252) must maintain the expenditures of the state or the
local unit of government for activities funded by the federal funds or for
equipment expenditures at a level that is not less than the level of
expenditures maintained by the state or the local unit of government for the
fiscal year ending immediately preceding November 2000.
Sec. 2. Minnesota
Statutes 2002, section 200.02, subdivision 20, is amended to read:
Subd. 20. [STATEWIDE
REGISTRATION SYSTEM.] "Statewide registration system" means the single,
interactive, computerized central statewide voter registration system and
database developed and maintained by the secretary of state pursuant to section
201.022.
Sec. 3. Minnesota
Statutes 2002, section 201.061, is amended by adding a subdivision to read:
Subd. 1a.
[REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At any time except
during the 20 days immediately preceding any election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may
register to vote in the precinct in which the voter maintains residence by
completing a voter registration application and submitting it by mail to the
county auditor of that county or to the Secretary of State's Office. If the voter has not previously voted in this
state for federal office, the voter must also present, as described in clauses
(1) to (4), a copy of a current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the voter.
If the county auditor determines that a voter who has
submitted a voter registration application by mail and has not previously voted
in this state for a federal office has also not presented a copy of a current
utility bill, bank statement, government check, paycheck, or other government
document that shows the name and address of the voter to the auditor, then the
county auditor must notify the voter to complete registration by using one of
the following methods:
(1) present to the auditor more than 20 days before the
election a copy of a current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the voter;
(2) before voting in person on election day, present to the
election judges in the precinct a current and valid photo identification or a
current utility bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the voter;
(3) register in person prior to or on election day;
(4) if voting by absentee ballot or mail, follow election
day registration procedures for absentee voters as described in section
203B.04, subdivision 4.
For purposes of this subdivision, mail registration is
defined as a voter registration application that is not delivered in person to
the secretary of state, county auditor, or municipal clerk by the individual
making the application.
For purposes of this subdivision, a notice of deficient or
incomplete registration is not a government document that shows the name and
address of the voter that can be used to satisfy the requirements of this
subdivision.
Sec. 4. Minnesota
Statutes 2002, section 201.071, subdivision 1, is amended to read:
Subdivision 1. [FORM.] (a)
A registration card application must be of suitable size and
weight for mailing and contain spaces for the following required
information: whether the voter is a
United States citizen; whether the voter will be 18 years old on or before
election day; the voter's first name, middle name, and last name; the
voter's previous name, if any; the voter's current address; the
voter's previous address, if any; the voter's date of birth; the
voter's municipality and county of residence; the voter's telephone
number, if provided by the voter; the date of registration; the
voter's current and valid Minnesota driver's license number or Minnesota state
identification number or, if the voter has no current Minnesota driver's
license or state identification number, the last four digits of the voter's
Social Security number; the voter's e-mail address, if provided by the voter;
the voter's interest in serving as an election judge, if indicated by the
voter; and the voter's signature.
The card application must also contain a the
following certification of voter eligibility.:
"I certify that I
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address
given on the registration form;
(5) am not under a guardianship in which I have not retained
the right to vote;
(6) have not been found by a court to be legally incompetent
to vote;
(7) have not been convicted of a felony without having my
civil rights restored; and
(8) have read and understand this statement, that giving
false information is a felony punishable by not more than five years'
imprisonment or a fine of not more than $10,000, or both."
(b) The form of the voter registration card
and the certification of voter eligibility application must be as
provided in the rules of the secretary of state.:
(1) be consistent in layout with the data entry screens used
by the statewide registration system;
(2) take into consideration readability and ease of
understanding;
(3) provide space for including a mailing address for
returning the completed registration;
(4) have printed on or with it a set of instructions for
completing the registration; and
(5) have printed on or with it a statement that assistance
for registration and voting is available for elderly and disabled individuals
and residents of health care facilities.
(c) The voter registration application must contain a box
marked "election day official use only" which contains "W
..," "P ..," and "SD." These abbreviations stand for "ward,"
"precinct," and "school district." Other information may also be included. Election judges shall record the type of
election day voter registration proof and its number, if any, in the
"election day official use only" box.
(d) The voter registration application may include a mark
identifying where the voter obtained the application or how the application was
delivered to the county auditor or secretary of state.
(e) Voter registration forms authorized by the National
Voter Registration Act may must also be accepted as valid. The Federal Post Card Application (FPCA) form
for requesting registration, an absentee ballot, or both must also be accepted
for voter registration purposes if it is not deficient and if the voter is
eligible to register in Minnesota.
Voters who are permanently overseas are not eligible to be registered.
(f) An individual may use a voter registration application
to apply to register to vote in Minnesota or to change information on an
existing registration.
(g) The secretary of state shall provide examples of the
voter registration application to all county auditors.
Sec. 5. Minnesota
Statutes 2002, section 201.071, subdivision 3, is amended to read:
Subd. 3. [DEFICIENT
REGISTRATION.] Except as provided in subdivision 4a, no registration is
deficient if it contains the voter's name, address, date of birth, current
and valid 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, 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. The election judges shall request an
individual to correct a voter registration card application
if it is deficient or illegible or if the name or number of the voter's school
district is missing or obviously incorrect.
No eligible voter may be prevented from voting unless the voter's
registration card application is deficient or the voter is duly
and successfully challenged in accordance with section 201.195 or 204C.12.
A registration card accepted prior to August 1, 1983, is not
deficient for lack of date of birth.
The county or municipality may attempt to obtain the date of birth for a
registration card 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.
Sec. 6. Minnesota
Statutes 2002, section 201.071, is amended by adding a subdivision to read:
Subd. 4a.
[INCOMPLETE IDENTIFICATION OR RESIDENCE INFORMATION.] The voter
registration for a voter described in section 201.061, subdivision 1a, who has
not provided a copy of a current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the voter to the county
auditor must be considered incomplete until remedied by the voter in the manner
described in section 201.061, subdivision 1a.
The auditor or secretary of state shall record on the permanent voter
record when this requirement has been met.
Sec. 7. Minnesota
Statutes 2002, section 201.071, is amended by adding a subdivision to read:
Subd. 9.
[PROPERLY COMPLETED REGISTRATIONS.] If a county auditor determines
that a registration application has been properly completed under this chapter,
the auditor shall file the application and enter the registration on the state
registration system. The county auditor
shall maintain the file in an orderly manner.
The county auditor shall have a card notice mailed to each newly
registered voter and to each voter who changed name or address information on the
voter's existing voting record indicating the voter's name, address, precinct,
and polling place. The card must
require that it be returned if not deliverable as addressed.
Sec. 8. Minnesota
Statutes 2002, 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 cards applications and the terminal providing access
to the statewide registration system must be under the control of the secretary
of state or the county auditor or the public official to whom the secretary
of state or the county auditor has delegated the responsibility for
maintaining voter registration records.
The voter registration cards applications and terminals
providing access to the statewide registration system must not be removed from
the control of the secretary of state or the county auditor except as
provided in this subdivision. The secretary
of state or the county auditor may make photographic copies of voter
registration cards applications in the manner provided by
section 138.17.
A properly completed voter registration card 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
months after the date that the information on the card application
is entered into the database of the statewide registration system. The secretary of state or the county auditor
may dispose of the cards applications after retention for 22
months in the manner provided by section 138.17.
The registration record of a voter whose registration has
been made inactive must be maintained in and accessible from the statewide
registration system for 22 months.
Sec. 9. Minnesota
Statutes 2002, 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 in electronic or other media 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
public information list must not include any portion of any person's Social
Security number, driver's license number, or Minnesota identification number. The county auditor may adopt reasonable
rules governing access to the list. A
copy of the public information list must be available for public inspection for
authorized purposes at all times in the county auditor's office. 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. The secretary of state may
make public information lists available for public purchase.
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 written request and a copy of the court
order, the secretary of state may must withhold from the public
information list the name of any registered voter placed under court-ordered
protection.
Sec. 10. Minnesota
Statutes 2002, section 201.096, is amended to read:
201.096 [SCHOOL ELECTIONS; USE OF VOTER REGISTRATION SYSTEM.]
The county auditor shall allow independent or special school
districts to use the necessary portions of the statewide registration system
for school district elections. The secretary
of state or the county auditor may impose reasonable requirements to
preserve the security and integrity of the system. The secretary of state or the county auditor and the
school district shall provide by agreement for the details of the use of the
system by the school district. The
school board may designate a member of the board or an employee as registration
officer. The provisions of this chapter
and chapter 203B relating to registration of voters apply to all school
district elections in which the statewide registration system is used.
Sec. 11. Minnesota
Statutes 2002, section 201.11, is amended to read:
201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.]
When the boundaries of a precinct are changed, the county
auditor shall immediately notify the secretary of state. The secretary of state, or the county
auditor if delegated by the secretary of state, shall update the voter
records for that precinct in the statewide registration system to accurately
reflect those changes.
Sec. 12. Minnesota
Statutes 2002, section 201.121, is amended by adding a subdivision to read:
Subd. 4.
[AUDITOR'S RANDOM NOTIFICATION.] Following each election in which
voters register on election day, the county auditor shall send a mailed notice
of registration to a random sample of five percent of the election day
registrants within ten days of the election.
This section does not relieve the county auditor of the responsibility
to send a mailed notice to all registrants.
Sec. 13. Minnesota
Statutes 2002, section 201.13, subdivision 1, is amended to read:
Subdivision 1.
[COMMISSIONER OF HEALTH, REPORTS OF DECEASED RESIDENTS.] Pursuant to
the Help America Vote Act of 2002, Public Law 107-252, the commissioner of
health shall report monthly by electronic means to the secretary of
state the name, address, date of birth, and county of residence of each
individual 18 years of age or older who has died while maintaining residence in
Minnesota since the last previous report.
The secretary of state may electronically change the status of those
registrants to "deceased" in the statewide registration system, when
a single exact match can be found in the system. The secretary of state may designate the county auditor to modify
the statewide voter registration system in response to this report, in which
case the secretary of state shall determine if any of the persons listed in
the report are registered to vote and shall prepare a list of those registrants
for each county auditor. Within 60 days
after receiving the list from the secretary of state, the county auditor shall
change the status of those registrants to "deceased" in the statewide
registration system.
Sec. 14. Minnesota
Statutes 2002, section 201.14, is amended to read:
201.14 [STATE COURT ADMINISTRATOR OF DISTRICT COURT,
REPORT CHANGES OF NAMES.]
The state court administrator of district court in
each county shall report monthly to the county auditor secretary
of state the name and address of each individual, 18 years of age or over,
who maintains residence in that county and whose name was changed during the
month preceding the date of the report, by marriage, divorce or any order or
decree of the court. The report may
be made by electronic means. The
secretary of state may designate the county auditor to modify the statewide
voter registration system in response to this report. If the report is made by electronic means, the secretary of state
shall determine if any of the persons in the report are registered to vote and
shall prepare a list of those registrants for each county auditor. Upon receipt of the report list,
the county auditor shall notify by mail each registered voter whose name was
changed that it will be necessary to reregister change the
registration under the changed name in order to vote.
Sec. 15. Minnesota
Statutes 2002, section 201.15, as amended by Laws 2003, chapter 12, article 2,
section 3, is amended to read:
201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND COMMITMENTS.]
Subdivision 1.
[GUARDIANSHIPS AND INCOMPETENTS.] Pursuant to the Help America Vote
Act of 2002, Public Law 107-252, the state court administrator shall report
monthly to the secretary of state the name, address, and date of birth of each
individual 18 years of age or over, who during the month preceding the date of
the report:
(a) was placed under a guardianship of the person in
which the court order provides that the ward does not retain the right to vote;
or
(b) was adjudged legally incompetent.
The court administrator shall also report the same information
for each individual transferred to the jurisdiction of the court who meets a
condition specified in clause (a) or (b).
The secretary of state shall determine if any of the persons in the report
is registered to vote and shall prepare a list of those registrants for the
county auditor. The secretary of
state or the county auditor shall change the status on the record in the
statewide registration system of any individual named in the report to indicate
that the individual is not eligible to reregister register or
vote, unless the voter is restored to capacity.
Subd. 2. [RESTORATION
TO CAPACITY.] Pursuant to the Help America Vote Act of 2002, Public Law 107‑252, the state court administrator shall report monthly to the secretary of
state the name, address, and date of birth of each individual
transferred from guardianship to conservatorship or who is restored to capacity
by the court after being ineligible to vote for
any of the reasons specified in subdivision 1.
The secretary of state shall determine if any of the persons in the
report is registered to vote and shall prepare a list of those registrants for
the county auditor. The secretary of
state or the county auditor shall change the status on the voter's record
in the statewide registration system to "active."
Sec. 16. Minnesota
Statutes 2002, section 201.161, is amended to read:
201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD
APPLICATIONS.]
The Department of Public Safety shall change its applications
for an original, duplicate, or change of address driver's license or
identification card so that the forms may also serve as voter registration cards
applications. The forms must
contain spaces for the information required in section 201.071, subdivision 1,
and applicable rules of the secretary of state. Applicants for driver's licenses or identification cards must be
asked if they want to register to vote at the same time. A copy of each application containing a
completed voter registration must be sent to the county auditor of the county
in which the voter maintains residence or to the secretary of state as soon as
possible. The computerized driver's
license record information relating to name, address, date of birth, driver's
license number, county, town, and city must be made available for access by the
secretary of state and interaction with the statewide voter registration
system.
Sec. 17. Minnesota
Statutes 2002, section 201.211, is amended to read:
201.211 [COSTS.]
The office required to perform the functions and duties of this
chapter shall bear the costs incurred.
If these functions and duties are delegated to another office, that
office shall bear the costs. The secretary
of state shall pay the costs of operating and maintaining the statewide
registration system. The secretary of
state shall also pay the costs of preparing polling place rosters and master
lists printed by the secretary of state from the money appropriated for
this purpose.
Sec. 18. [201.1215]
[VERIFICATION; DISCREPANCIES.]
All applications for new voter registrations in the state
shall be verified pursuant to section 201.1615. A registration record shall also be verified when a registered
voter changes or adds a Minnesota driver's license number, Minnesota state
identification number, or the last four digits of the Social Security number on
the voter's registration record, or when the voter changes name, address, or
date of birth information.
If, after matching the information in the statewide voter
registration system with the information contained in the Department of Public
Safety database, the accuracy of the information on the voter registration
application cannot be verified, the county auditor shall investigate and
attempt to resolve the discrepancy. If
the discrepancy cannot be resolved, the county auditor must challenge the voter
in the statewide voter registration system and may refer the matter to the
county attorney.
If during the verification process the Department of Public
Safety provides information that indicates that the voter is not a citizen of
the United States, the county auditor shall challenge the voter in the
statewide voter registration system and refer the matter to the county
attorney.
Sec. 19. Minnesota
Statutes 2002, section 201.071, is amended by adding a subdivision to read:
Subd. 3a.
[NOTIFICATION OF DEFICIENT REGISTRATION.] If a person attempts to
register prior to election day and the county auditor determines that the
registration is deficient, the auditor shall notify the person attempting to
register that the registration was not correctly completed. The auditor shall attempt to obtain the needed information by mail,
electronic mail, or telephone. Except
for registrations that are deficient under section 201.071, subdivision 4a, if
the auditor cannot obtain the needed information, the registration is deficient
and the registration application must not be filed and must be maintained
separately for 22 months. The applicant
shall be allowed to vote only after correctly completing a registration
application. If an application is
deficient under section 201.071, subdivision 4a, the application must be filed
with the list of registered voters with a notation on the record that the voter
must complete the registration as required by section 201.061 in order to vote.
If the auditor notifies a person of an incorrectly completed
registration, the auditor shall also notify the applicant of the dates on which
registrations cannot be accepted for an election and of the procedures for
election day registration. In the
notice to the applicant, the auditor shall explain that a correctly completed
registration received by the auditor during the period when registrations
cannot be accepted for the upcoming election will make the applicant registered
to vote on the day after the upcoming election.
If an auditor receives a faulty or deficient registration
during the period when registrations cannot be accepted for an election, the
auditor shall notify the applicant that the applicant must register at the
polling place of the precinct in which the applicant resides on election day to
vote at the election. In the notice to
the applicant, the auditor shall explain that a correctly completed registration
received by the auditor during the period when registrations cannot be accepted
for the upcoming election will make the applicant registered to vote on the day
after the upcoming election.
Sec. 20. [201.157]
[NOTICE OF CHALLENGE REMOVAL.]
The county auditor shall mail a notice indicating the
individual's name, address, precinct, and polling place to any registered voter
whose civil rights have been restored after a felony conviction; who has been
removed from under a guardianship under which the person did not retain the
right to vote; or who has been restored to capacity by the court after being
ineligible to vote. The notice must
require that it be returned if not deliverable.
Sec. 21. [201.075]
[CHANGE OF RESIDENCE.]
An individual who has previously registered to vote in Minnesota
who changes residence must be permitted to vote only after updating the
registration by completing a registration application stating the individual's
new residence.
Sec. 22. [201.076]
[PROCESSING OF NATIONAL VOTER REGISTRATION ACT APPLICATIONS.]
All county auditors shall accept voter registration
applications on forms prescribed by the Federal Election Commission as provided
by the National Voter Registration Act if the application is from a person
eligible to vote in Minnesota, and includes whether the voter is a United
States citizen and will be 18 years old on or before election day, the
registrant's name, address in Minnesota, previous address, if any, date of
birth, current and valid Minnesota driver's license or Minnesota state identification
card, or if the voter has no current and valid Minnesota driver's license or
Minnesota state identification card, the last four digits of the voter's Social
Security number, registrant's signature, and the date of registration. The application must be processed and stored
by the county auditor in the same manner as a Minnesota voter registration
application.
Sec. 23. Minnesota
Statutes 2002, 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, 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 and space for the voter's signature, and any
other information prescribed by the secretary of state necessary to permit
election judges to perform duties required by law. 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 one year 22 months
following the election. If a voter's
registration has been challenged pursuant to section 201.121, subdivision 2, an
indicator noting the voter's challenged status must be printed on the line
provided for the voter's signature. A
similar indicator must be printed on the line provided for the voter's
signature to note a voter's guardianship or felony status, if any. If a voter's registration is deficient under
section 201.071, subdivision 4a, an indicator must be printed on the line
provided for the voter's signature to note the voter's status.
If a voter's name is withheld from public information lists
pursuant to section 201.091, subdivision 4, the secretary of state may withhold
the address of the voter from the line provided for the voter's signature. In this case, the auditor shall verify the
voter's address following the election using the procedures in section 201.12.
The following certification must be printed at the top of
each page of the polling place roster:
"I certify that I am at least 18 years of age and a citizen of the
United States; that I maintain residence at the address shown and have resided
in Minnesota for 20 days immediately preceding this election; that I am not
under guardianship of the person, have not been found by a court to be legally
incompetent to vote, and have not been convicted of a felony without having my
civil rights restored; and that I am registered and will be voting only in this
precinct. 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."
One or more pages in the polling place roster must be
provided for use by voters who register to vote in the polling place on
election day. An election day
registrant must fill in the registrant's name, address, and date of birth and sign
the roster on the line provided.
Each page in the polling place roster must also contain the
name of the precinct and a page number.
In addition, each line provided for a voter's signature must be
consecutively numbered, beginning with the number 1 on each page.
The secretary of state shall identify and develop methods of
producing polling place rosters. The
secretary of state shall provide polling place rosters for each election in the
state. The roster may be provided to
the county auditor on paper, computer tape, or another electronic medium.
Sec. 24. Minnesota
Statutes 2002, section 203B.02, is amended by adding a subdivision to read:
Subd. 4.
[PRESIDENTIAL BALLOT.] A person who is qualified under United States
Code, title 42, section 1973aa-1, to vote for the offices of president and
vice-president or for electors for president and vice-president may vote by
absentee ballot or in person at the auditor's office in the county where the
person formerly resided.
The following persons are qualified: a voter who will be at least 18 years old on
election day, is a citizen of the United States, and is not under court-ordered
guardianship of the person without retaining the right to vote, has not been
found by a court to be legally incompetent to vote, has not been convicted of a
felony without having civil rights restored, and has previously lived in
Minnesota and has moved from Minnesota to another state within 30 days of a
presidential election and is not eligible to vote in the state in which the
voter now resides, may apply for an absentee ballot that contains only the
offices of president and vice-president in accordance with the requirements of
United States Code, title 42, section 1973aa-1.
Sec. 25.
Minnesota Statutes 2002, section 203B.04, subdivision 1, is amended to read:
Subdivision 1.
[APPLICATION PROCEDURES.] Except as otherwise allowed by subdivision 2,
an application for absentee ballots for any election may be submitted at any
time not less than one day before the day of that election. The county auditor shall prepare absentee
ballot application forms in the format provided in the rules of by
the secretary of state and shall furnish them to any person on request. By January 1 of each even-numbered year,
the secretary of state shall make example forms available to auditors through
electronic means. An application submitted pursuant to this subdivision
shall be in writing and shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school district
if applicable, where the applicant maintains residence.
An application shall be approved if it is timely received,
signed and dated by the applicant, contains the applicant's name and residence
and mailing addresses, and states that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section 203B.02. The application may contain a request for
the voter's date of birth, which must not be made available for public
inspection. An application may be
submitted to the county auditor or municipal clerk by an electronic facsimile
device or other electronically transmitted image. An application mailed or returned in person
to the county auditor or municipal clerk on behalf of a voter by a person other
than the voter must be deposited in the mail or returned in person to the
county auditor or municipal clerk within ten days after it has been dated by
the voter and no later than six days before the election. The absentee ballot applications or a list
of persons applying for an absentee ballot may not be made available for public
inspection until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an absentee ballot
application.
If an application cannot be approved because it is missing
information, the auditor or clerk must attempt to obtain the information by
mail, electronic mail, or telephone. If
the missing information cannot be obtained, or if for any other reason the
application cannot be approved, the auditor or clerk must notify the voter in
writing of the reason for the rejection and must make a reasonable attempt to
send a new application.
Sec. 26. Minnesota
Statutes 2002, section 203B.04, subdivision 4, is amended to read:
Subd. 4. [ALTERNATE
FORM OF REGISTRATION AT TIME OF APPLICATION.] An eligible voter who
is not registered to vote but who is otherwise eligible to vote by
absentee ballot may register by including a completed voter registration card
application with the absentee ballot.
The individual shall present proof of residence as required by section
201.061, subdivision 3, to the individual who witnesses the marking of the
absentee ballots.
Sec. 27. Minnesota Statutes
2002, section 203B.04, subdivision 5, is amended to read:
Subd. 5. [PERMANENT
ILLNESS OR DISABILITY.] (a) An eligible voter who reasonably expects to be
permanently unable to go to the polling place on election day because of
illness or disability may apply to a county auditor or municipal clerk under
this section to automatically receive an absentee ballot application before
each election, other than an election by mail conducted under section 204B.45,
and to have the status as a permanent absentee voter indicated on the voter's
registration record. Voters covered
by this subdivision are exempt from mail-in requirements in section 201.061,
subdivision 1a.
(b) The secretary of state shall adopt rules governing
procedures under this subdivision.
Sec. 28.
Minnesota Statutes 2002, section 203B.04, is amended by adding a
subdivision to read:
Subd. 6.
[PERMANENT APPLICATION.] An eligible voter who meets the requirements
in subdivision 5 may apply to the county auditor or municipal clerk to automatically
receive an absentee ballot application for each election in which the voter is
eligible to vote. The county auditor
shall make available the form provided in subdivision 5 for this purpose. The voter shall complete the form and return
it to the county auditor or municipal clerk.
A municipal clerk who receives a completed application shall immediately
forward it to the county auditor. The
voter's permanent application status must be indicated and permanently
maintained on the voter's registration record on the statewide voter
registration system.
The county auditor shall maintain a list of voters who have
applied to automatically receive an absentee ballot application. At least 45 days before each election, the
county auditor or municipal clerk shall send an absentee ballot application to
each person on the list who is eligible to vote in the election.
Sec. 29. [203B.041]
[APPLICATION FORM; INSTRUCTIONS.]
Subdivision 1.
[ALTERNATIVE REQUIREMENTS.] (a) Absentee ballot applications prepared
under sections 203B.06, subdivision 1, and 203B.17, subdivision 2, must be in
the form prescribed by the secretary of state.
The secretary of state shall make the forms available by January 1 of
even-numbered years by electronic means.
(b) An absentee ballot application prepared under section
203B.06, subdivision 1, must include spaces for the following information: the elections for which the absentee ballot
is requested; the reason under section 203B.02, subdivision 1, for requesting
the ballot; the voter's name, date of birth, Minnesota driver's license number
or Minnesota state identification number, resident address in the county,
telephone number, electronic mail address, and address to which the ballots are
to be mailed; the date of the request; the voter's signature; and instructions
to the voter on completing the form and returning the application as soon as
possible.
(c) An absentee ballot application prepared under section
203B.17, subdivision 2, must include spaces for the following information: the voter's name, date of birth, and address
of present or former residence in Minnesota; a statement and boxes a voter must
check to indicate that the voter is a member of the armed forces, a spouse or
dependent of a member of the armed forces, temporarily outside the United
States, or permanently living outside the United States; a statement that the
voter expects to be absent from the voter's precinct at the time of the
election; the address to which the absentee ballot is to be mailed; the voter's
signature or the signature and relationship of the individual authorized to
apply on the voter's behalf; the voter's telephone number, electronic mail
address, and military number or passport number; and a signature line and title
for the authorized witness under section 203B.17, subdivision 2, paragraph
(f). The form must include instructions
to the voter on completing the form and on who may complete the form on the
voter's behalf. The form must include
instructions that the application may be dropped off, mailed, sent by
facsimile, or submitted by electronic image.
The form must include instructions to return the application as soon as
possible.
(d) An absentee ballot application prepared under section
203B.02, subdivision 4, must include a statement of eligibility in which the
voter affirms that the voter will be at least 18 years old on election day, is
a citizen of the United States, and is not under court-ordered guardianship of
the person without retaining the right to vote, has not been found by a court
to be legally incompetent to vote, and has not been convicted of a felony
without having civil rights restored, and has previously lived in Minnesota and
has moved from Minnesota to another state within 30 days of a presidential
election and is not eligible to vote in the state in which the voter now
resides. The form must include spaces
for the voter's name, date of birth, former address in Minnesota, including
city or town and county, electronic mail address, telephone number, the address
to which the ballot should be mailed, the applicant's signature, and a
statement that the information provided on the application is true and correct.
Subd. 2. [ABSENTEE BALLOT INSTRUCTIONS.] The following instructions
must be sent with an absentee ballot application prepared pursuant to section
203B.06, subdivision 1:
"INSTRUCTIONS
1. To vote by
absentee ballot