S.F. No. 848, 2nd Engrossment - 86th Legislative Session (2009-2010) Posted on May 11, 2009
1.1A bill for an act1.2relating to elections; changing certain requirements for elections;amending
1.3Minnesota Statutes 2008, sections 204B.19, subdivision 2; 204B.21, subdivisions
1.41, 2; 204B.45, subdivision 1; 204B.46; 205.075, subdivision 1, by adding a
1.5subdivision; 367.03, subdivision 4, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2008, section 204B.19, subdivision 2, is amended to read:
1.8 Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in
1.9paragraph (b), no individual shall be appointed as an election judge for any precinct if
1.13stepsibling, of any election judge serving in the same precinct or of any candidate at
1.14that election; or
1.16(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
1.17may serve as election judges in the same precinct, provided that they serve on separate
1.18shifts that do not run concurrently.
1.19 Sec. 2. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
1.20 Subdivision 1. Appointment lists; duties of political parties and
1.21secretary of state. On June 1 in a year in which there is an election for a partisan political
1.24judges in each election precinct
2.1parties shall furnish the lists electronically to the
2.3The secretary of state must combine the data received from each political party under this
2.4subdivision and must process the data to locate the precinct in which the address provided
2.5for each potential election judge is located. If the data submitted by a political party is
2.6insufficient for the secretary of state to locate the proper precinct, the associated name
2.7must not appear in any list forwarded to an appointing authority under this subdivision.
2.8The secretary of state shall notify political parties of any proposed election judges with
2.9addresses that could not be located in a precinct.
2.10 By June 15, the
2.12precinct in the jurisdiction of the appointing authority
2.14each individual on the list. The county auditor must promptly forward the appropriate
2.15names to the appropriate municipal clerk.
2.16 Sec. 3. Minnesota Statutes 2008, section 204B.21, subdivision 2, is amended to read:
2.17 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
2.18in a municipality shall be appointed by the governing body of the municipality. Election
2.19judges for precincts in unorganized territory and for performing election-related duties
2.20assigned by the county auditor shall be appointed by the county board. Election judges for
2.21a precinct composed of two or more municipalities must be appointed by the governing
2.22body of the municipality or municipalities responsible for appointing election judges as
2.23provided in the agreement to combine for election purposes. Except as otherwise provided
2.24in this section, appointments shall be made from lists furnished pursuant to subdivision 1
2.25subject to the eligibility requirements and other qualifications established or authorized
2.27different major political parties. If no lists have been furnished or if additional election
2.28judges are required after all listed names in that municipality have been exhausted, the
2.29appointing authority may appoint other individuals who meet the qualifications to serve as
2.30an election judge, including persons who are not affiliated with a major political party.
2.31The appointments shall be made at least 25 days before the election at which the election
2.32judges will serve, except that the appointing authority may pass a resolution authorizing
2.33the appointment of additional election judges within the 25 days before the election if the
2.34appointing authority determines that additional election judges will be required.
3.1 Sec. 4. Minnesota Statutes 2008, section 204B.45, subdivision 1, is amended to read:
3.2 Subdivision 1. Authorization. A municipality having fewer than
3.3registered voters on June 1 of an election year and not located in a metropolitan county as
3.4defined by section
3.5state election with no polling place other than the office of the auditor or clerk or other
3.6locations designated by the auditor or clerk. The governing body may apply to the county
3.7auditor for permission to conduct balloting by mail. The county board may provide for
3.8balloting by mail in unorganized territory. The governing body of any municipality may
3.9designate for mail balloting any precinct having fewer than 50 registered voters, subject to
3.10the approval of the county auditor.
3.11Voted ballots may be returned in person to any location designated by the county
3.12auditor or municipal clerk.
3.13 Sec. 5. Minnesota Statutes 2008, section 204B.46, is amended to read:
3.14204B.46 MAIL ELECTIONS; QUESTIONS.
3.15 A county, municipality, or school district submitting questions to the voters at a
3.16special election may conduct an election by mail with no polling place other than the
3.17office of the auditor or clerk. No more than two questions may be submitted at a mail
3.18election and no offices may be voted on. Notice of the election must be given to the county
3.19auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
3.20of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at
3.21least six weeks prior to the election.
3.22days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to
3.23all voters registered in the county, municipality, or school district. No later than 14 days
3.24before the election, the auditor or clerk must make a subsequent mailing of ballots to those
3.25voters who register to vote after the initial mailing but before the 20th day before the
3.26election. Eligible voters not registered at the time the ballots are mailed may apply for
3.27ballots pursuant to chapter 203B.
3.28 Sec. 6. Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:
3.29 Subdivision 1. Date of election. The general election in a town must be held on the
3.30second Tuesday in March, except as provided in subdivision 2 or when moved for bad
3.31weather as provided in section 365.51, subdivision 1.
3.32 Sec. 7. Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision
4.1 Subd. 2a. Return to March election. The town board of a town that has adopted
4.2the alternative November election date under subdivision 2 may, after having conducted
4.3at least two elections on the alternative date, adopt a resolution designating the second
4.4Tuesday in March as the date of the town general election. The resolution must be
4.5adopted by a unanimous vote of the town supervisors and must include a plan to shorten
4.6or lengthen the terms of office to provide an orderly transition to the March election
4.7schedule. The resolution becomes effective upon an affirmative vote of the electors at
4.8the next town general election.
4.9 Sec. 8. Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read:
4.10 Subd. 4. Officers; November election. Except as provided in subdivision 4a,
4.11supervisors and other town officers in towns that hold the town general election in
4.12November shall be elected for terms of four years commencing on the first Monday in
4.13January and until their successors are elected and qualified. The clerk and treasurer shall
4.14be elected in alternate years.
4.15 Sec. 9. Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision
4.17 Subd. 4a. Optional six-year terms. The resolution required under section 205.075,
4.18subdivision 2, to adopt the alternative November date for town general election may
4.19include the proposal and corresponding transition plan to provide for a six-year term for
4.20town supervisors. A town that has adopted the alternative November date for general town
4.21elections using the four-year terms provided under subdivision 4 may adopt a resolution
4.22establishing six-year terms for supervisors as provided under this subdivision. The
4.23resolution must include a plan to provide an orderly transition to six-year terms. The
4.24resolution adopting the six-year term for town supervisors may be proposed by the town
4.25board or by a resolution of the electors adopted at the annual town meeting and is effective
4.26upon an affirmative vote of the electors at the next town general election.