1.1.................... moves to amend H.F. No. 89, the first engrossment, as follows:
1.2Page 5, after line 34, insert:

1.3    "Sec. 5. Minnesota Statutes 2010, section 204C.32, is amended to read:
1.4204C.32 CANVASS OF STATE PRIMARIES.
1.5    Subdivision 1. County canvass. The county canvassing board shall meet at the
1.6county auditor's office on the third eighth day following the state primary. After taking the
1.7oath of office, the canvassing board shall publicly canvass the election returns delivered
1.8to the county auditor. The board shall complete the canvass on the third eighth day
1.9following the state primary and shall promptly prepare and file with the county auditor
1.10a report that states:
1.11(a) the number of individuals voting at the election in the county, and in each
1.12precinct;
1.13(b) the number of individuals registering to vote on election day and the number of
1.14individuals registered before election day in each precinct;
1.15(c) for each major political party, the names of the candidates running for each
1.16partisan office and the number of votes received by each candidate in the county and in
1.17each precinct;
1.18(d) the names of the candidates of each major political party who are nominated; and
1.19(e) the number of votes received by each of the candidates for nonpartisan office in
1.20each precinct in the county and the names of the candidates nominated for nonpartisan
1.21office.
1.22Upon completion of the canvass, the county auditor shall mail or deliver a notice of
1.23nomination to each nominee for county office voted for only in that county. The county
1.24auditor shall transmit one of the certified copies of the county canvassing board report
1.25for state and federal offices to the secretary of state by express mail or similar service
2.1immediately upon conclusion of the county canvass. The secretary of state shall mail a
2.2notice of nomination to each nominee for state or federal office.
2.3    Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of
2.4State's Office seven 14 days after the state primary to canvass the certified copies of the
2.5county canvassing board reports received from the county auditors. Immediately after
2.6the canvassing board declares the results, the secretary of state shall certify the names of
2.7the nominees to the county auditors. The secretary of state shall mail to each nominee
2.8a notice of nomination.

2.9    Sec. 6. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
2.10    Subdivision 1. County canvass. The county canvassing board shall meet at the
2.11county auditor's office between the third eighth and tenth 14th days following the state
2.12general election. After taking the oath of office, the board shall promptly and publicly
2.13canvass the general election returns delivered to the county auditor. Upon completion of
2.14the canvass, the board shall promptly prepare and file with the county auditor a report
2.15which states:
2.16(a) the number of individuals voting at the election in the county and in each precinct;
2.17(b) the number of individuals registering to vote on election day and the number of
2.18individuals registered before election day in each precinct;
2.19(c) the names of the candidates for each office and the number of votes received by
2.20each candidate in the county and in each precinct;
2.21(d) the number of votes counted for and against a proposed change of county lines
2.22or county seat; and
2.23(e) the number of votes counted for and against a constitutional amendment or other
2.24question in the county and in each precinct.
2.25The result of write-in votes cast on the general election ballots must be compiled by
2.26the county auditor before the county canvass, except that write-in votes for a candidate for
2.27federal, state, or county office must not be counted unless the candidate has timely filed a
2.28request under section 204B.09, subdivision 3. The county auditor shall arrange for each
2.29municipality to provide an adequate number of election judges to perform this duty or the
2.30county auditor may appoint additional election judges for this purpose. The county auditor
2.31may open the envelopes or containers in which the voted ballots have been sealed in order
2.32to count and record the write-in votes and must reseal the voted ballots at the conclusion
2.33of this process. The county auditor must prepare a separate report of votes received by
2.34precinct for write-in candidates for federal, state, and county offices who have requested
2.35under section 204B.09 that votes for those candidates be tallied.
3.1Upon completion of the canvass, the county canvassing board shall declare the
3.2candidate duly elected who received the highest number of votes for each county and state
3.3office voted for only within the county. The county auditor shall transmit a certified
3.4copy of the county canvassing board report for state and federal offices to the secretary
3.5of state by messenger, express mail, or similar service immediately upon conclusion of
3.6the county canvass.

3.7    Sec. 7. Minnesota Statutes 2010, section 204C.37, is amended to read:
3.8204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
3.9STATE.
3.10A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
3.11subdivision 1 , shall be certified under the official seal of the county auditor. The copy shall
3.12be enclosed in an envelope addressed to the secretary of state, with the county auditor's
3.13name and official address and the words "Election Returns" endorsed on the envelope.
3.14The copy of the canvassing board report and the precinct summary statements must be
3.15sent by express mail or delivered to the secretary of state. If the copy is not received by
3.16the secretary of state within ten days following the applicable election a primary election,
3.17or within 16 days following a general election, the secretary of state shall immediately
3.18notify the county auditor, who shall deliver another copy to the secretary of state by
3.19special messenger.

3.20    Sec. 8. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
3.21    Subd. 5. Results. The municipal primary shall be conducted and the returns made in
3.22the manner provided for the state primary so far as practicable. On the third eighth day
3.23after the primary, the governing body of the municipality shall canvass the returns, and the
3.24two candidates for each office who receive the highest number of votes, or a number of
3.25candidates equal to twice the number of individuals to be elected to the office, who receive
3.26the highest number of votes, shall be the nominees for the office named. Their names shall
3.27be certified to the municipal clerk who shall place them on the municipal general election
3.28ballot without partisan designation and without payment of an additional fee.

3.29    Sec. 9. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
3.30    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
3.31Between the third eighth and tenth 14th days after an election, the governing body of a
3.32city conducting any election including a special municipal election, or the governing body
3.33of a town conducting the general election in November shall act as the canvassing board,
4.1canvass the returns, and declare the results of the election. The governing body of a town
4.2conducting the general election in March shall act as the canvassing board, canvass the
4.3returns, and declare the results of the election within two ten days after an election.
4.4(b) After the time for contesting elections has passed, the municipal clerk shall issue a
4.5certificate of election to each successful candidate. In case of a contest, the certificate shall
4.6not be issued until the outcome of the contest has been determined by the proper court.
4.7(c) In case of a tie vote, the canvassing board having jurisdiction over the
4.8municipality shall determine the result by lot. The clerk of the canvassing board shall
4.9certify the results of the election to the county auditor, and the clerk shall be the final
4.10custodian of the ballots and the returns of the election.

4.11    Sec. 10. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
4.12    Subd. 4. Results. The school district primary must be conducted and the returns
4.13made in the manner provided for the state primary as far as practicable. On the third eighth
4.14day after the primary, the school board of the school district shall canvass the returns,
4.15and the two candidates for each specified school board position who receive the highest
4.16number of votes, or a number of candidates equal to twice the number of individuals to be
4.17elected to at-large school board positions who receive the highest number of votes, are
4.18the nominees for the office named. Their names must be certified to the school district
4.19clerk who shall place them on the school district general election ballot without partisan
4.20designation and without payment of an additional fee.

4.21    Sec. 11. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
4.22    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between
4.23the third eighth and tenth 14th days after a school district election other than a recount of a
4.24special election conducted under section 126C.17, subdivision 9, or 475.59, the school
4.25board shall canvass the returns and declare the results of the election. After the time for
4.26contesting elections has passed, the school district clerk shall issue a certificate of election
4.27to each successful candidate. If there is a contest, the certificate of election to that office
4.28must not be issued until the outcome of the contest has been determined by the proper
4.29court. If there is a tie vote, the school board shall determine the result by lot. The clerk
4.30shall deliver the certificate of election to the successful candidate by personal service or
4.31certified mail. The successful candidate shall file an acceptance and oath of office in
4.32writing with the clerk within 30 days of the date of mailing or personal service. A person
4.33who fails to qualify prior to the time specified shall be deemed to have refused to serve,
4.34but that filing may be made at any time before action to fill the vacancy has been taken.
5.1The school district clerk shall certify the results of the election to the county auditor, and
5.2the clerk shall be the final custodian of the ballots and the returns of the election.
5.3A school district canvassing board shall perform the duties of the school board
5.4according to the requirements of this subdivision for a recount of a special election
5.5conducted under section 126C.17, subdivision 9, or 475.59."
5.6Amend the title accordingly