Bill Text: MN HF2562 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Initiative and referendum procedures and penalties provided, and constitutional amendment proposed.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-02-29 - Introduction and first reading, referred to Government Operations and Elections [HF2562 Detail]
Download: Minnesota-2011-HF2562-Introduced.html
1.2proposing an amendment to the Minnesota Constitution; adding a section to
1.3article IV to provide for initiative and referendum; providing procedures for
1.4initiative and referendum; providing penalties;amending Minnesota Statutes
1.52010, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision;
1.6proposing coding for new law in Minnesota Statutes, chapter 3B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.9An amendment to the Minnesota Constitution is proposed to the people. If the
1.10amendment is adopted, a section shall be added to article IV, to read:
1.11Sec. 27. The enactment of a law may be initiated by a petition of registered voters. A
1.12referendum of the people to repeal existing law may be proposed by petition of registered
1.13voters.
1.14An initiative of the people that proposes a law shall be placed on the ballot at the
1.15state general election if petitions for it are signed by registered voters in each of the
1.16congressional districts of the state, and of the state as a whole, in a number equal to or
1.17greater than five percent of the number of persons who voted for governor at the last
1.18election of a governor in each of the districts respectively and in the state as a whole.
1.19A referendum of the people whose purpose is only to repeal existing law shall be
1.20placed on the ballot at the state general election if petitions for it are signed by registered
1.21voters in each of the congressional districts of the state, and of the state as a whole, in
1.22a number not less than five percent of the number of persons who voted for governor at
1.23the last election of a governor. If the law whose repeal is proposed has not gone into
1.24effect at the time that completed petitions are filed, the law shall remain suspended until
1.25the question is voted on.
2.1An initiated law or the repeal of a law by referendum of the people shall be enacted
2.230 days after the affirmative vote of a majority of those voting on the question. An initiated
2.3law may not be amended or repealed nor may a law repealed by referendum be enacted
2.4again, either under this section or by enactment by the legislature, before the next state
2.5general election after the vote on the initiated or referred law. The governor may not veto
2.6an initiated law or a referendum of the people. If a law that is similar to a pending initiated
2.7law is enacted by the legislature, the sponsor of the initiative may abandon it. The similar
2.8law may provide that, if the sponsor of the initiative declines to abandon it, the similar law
2.9will also be placed on the ballot to be voted on like the initiated law. If both receive the
2.10affirmative vote of a majority, only that which has the greater vote shall take effect.
2.11An amendment to the constitution may be initiated by a petition signed by registered
2.12voters in each of the congressional districts of the state, and of the state as a whole, in
2.13a number not less than eight percent of the number of persons who voted for governor
2.14at the last election of a governor in each of the districts respectively and in the state as
2.15a whole. The amendment shall be placed on the ballot at the state general election and
2.16becomes part of the constitution 30 days after the affirmative vote of a majority of those
2.17voting at the election.
2.18The legislature may, by a law enacted under the other provisions of this article, refer
2.19a law to a vote of the people. No more than three laws may be referred by the legislature
2.20to a vote of the people at the same state general election. A law referred by the legislature
2.21shall be enacted 30 days after the affirmative vote of a majority of those voting on the
2.22question. The governor may not veto a law referred by the legislature.
2.23A proposal for an initiated law, a referendum of the people to repeal existing law, an
2.24amendment to the constitution initiated by petition, or a law referred by the legislature to a
2.25vote of the people may not embrace more than one general subject.
2.26The legislature shall, by law, provide procedures to facilitate this section.
2.27 Sec. 2. SUBMISSION TO VOTERS.
2.28The proposed amendment must be submitted to the people at the 2012 general
2.29election. The question submitted must be:
2.30"Shall the Minnesota Constitution be amended to provide for initiative and
2.31referendum?
2.34 Sec. 3. [3B.31] CITATION.
3.1Sections 3B.31 to 3B.57 may be cited as the "Initiative and Referendum
3.2Implementation Act."
3.3 Sec. 4. [3B.32] DEFINITIONS.
3.4 Subdivision 1. Scope. The definitions in this section apply to sections 3B.31
3.5to 3B.57.
3.6 Subd. 2. Ballot measure. "Ballot measure" means a law proposed by an initiative
3.7or a referendum of the people.
3.8Ballot measure also includes a law referred by the legislature for purposes of sections
3.93B.43; 3B.44; 3B.45; 3B.48; 3B.50; 3B.51, subdivision 1, clause (2); 3B.52; 3B.53,
3.10subdivision 1, clauses (2), (3), and (7), and subdivision 2; 3B.55; 3B.56; and 3B.57.
3.11 Subd. 3. Petition drive. "Petition drive" means the organized process by which the
3.12sponsor and the authorized agents solicit registered voters to sign ballot measure petitions.
3.13 Subd. 4. Sponsor. "Sponsor" means a political committee as defined by section
3.1410A.01, subdivision 27, whose major purpose is to promote or defeat a ballot measure.
3.15 Sec. 5. [3B.33] PREPARATION FOR PETITIONING.
3.16 Subdivision 1. Filing of declaration. Before circulating petitions to have a
3.17ballot measure placed on the ballot at the state general election, the sponsor shall file a
3.18declaration with the secretary of state not earlier than January 1 of an odd-numbered year.
3.19 Subd. 2. Contents. The declaration must:
3.20(1) state the name, mailing address, chair, and treasurer of the sponsor;
3.21(2) give a description of the intent or purpose of the ballot measure;
3.22(3) state a short title by which the sponsor wants the ballot measure to be identified;
3.23and
3.24(4) state the name, address, and telephone number of the person who is designated by
3.25the sponsor to work on the final form and wording of the ballot measure and is authorized
3.26to approve its final form and wording.
3.27 Subd. 3. Changes. Upon notification by the sponsor, the secretary of state shall
3.28amend information listed in the declaration.
3.29 Subd. 4. Sample. The secretary of state shall provide a sample declaration form.
3.30 Subd. 5. Filing fee. The sponsor shall pay to the secretary of state a filing fee
3.31of $100.
3.32 Sec. 6. [3B.34] ADVICE BY REVISOR OF STATUTES.
4.1 Subdivision 1. Secretary of state's duties. The secretary of state shall immediately
4.2forward one copy of each declaration to the revisor of statutes. The secretary of state shall
4.3also advise the sponsor to consult with the revisor.
4.4 Subd. 2. Revisor's duties. The revisor of statutes shall, within 14 days of the
4.5filing of a declaration, prepare a final draft of a ballot measure. The intent and purpose
4.6may be amplified or refined by the person authorized by the declaration to approve the
4.7form and wording of the measure. The revisor shall advise the sponsor as to the measure's
4.8constitutionality, and the best form of the measure to accomplish the sponsor's intent
4.9and purpose. However, if the revisor and the sponsor disagree as to the best form and
4.10content of the measure to accomplish the sponsor's intent and purpose, or disagree as to
4.11constitutionality, the directions of the sponsor must prevail. All discussions by the revisor
4.12with the sponsor must be treated by the revisor as confidential. If, after consulting the
4.13revisor, the sponsor does not desire the revisor's assistance, the chair shall sign a written
4.14waiver of assistance. The waiver must then be filed with the secretary of state and the
4.15revisor, together with a final draft of the ballot measure prepared by the sponsor. Together
4.16with the final draft prepared by the revisor, or within seven days after receiving the waiver
4.17and final draft prepared by the sponsor, the revisor shall furnish the sponsor and the
4.18secretary of state with a summary of the measure to be proposed to the people.
4.19 Subd. 3. Form. The form of ballot measures must conform to the form of bills
4.20considered by the legislature. The enacting clause must be "BE IT ENACTED BY THE
4.21PEOPLE OF THE STATE OF MINNESOTA:" No ballot measure may embrace more
4.22than one general subject. The ballot measure may not provide for the form of the ballot
4.23question by which it would be submitted to the voters.
4.24Within 14 days after receiving the final draft of the ballot measure and the revisor's
4.25summary, the secretary of state must state the wording of the question to be placed on
4.26the ballot. The ballot question must be a true and impartial statement of the intent and
4.27purpose of the measure. It must be in similar form as a ballot question for a legislative
4.28proposal of a constitutional amendment.
4.29 Sec. 7. [3B.35] PETITIONS FOR BALLOT MEASURE.
4.30 Subdivision 1. Contents. Each official ballot measure petition form must be printed
4.31on only one side of a sheet of paper and contain the following:
4.32(1) in not less than 24-point bold type at the top of the front page, the printed words
4.33"OFFICIAL BALLOT MEASURE PETITION";
4.34(2) the ballot question prepared by the secretary of state and the name of the sponsor;
4.35(3) the summary of the ballot measure prepared by the revisor;
5.1(4) a statement that a verbatim copy of the ballot measure is available for public
5.2examination at the office of the secretary of state or any county auditor and on the
5.3secretary of state's Web site;
5.4(5) space for registered voters to sign the petition including space for the signature,
5.5printed name, telephone number, mailing address, county of residence, and an indication
5.6of status as a registered voter; and
5.7(6) a statement that some of the circulators of the petition may have been paid
5.8to circulate it.
5.9 Subd. 2. Secretary of state to prepare. The secretary of state shall prepare the
5.10official ballot measure petition form as required by subdivision 1 and shall provide a copy
5.11to the sponsor to duplicate and circulate within 14 days after receiving the final draft of the
5.12ballot measure and the revisor's summary.
5.13 Subd. 3. Copy to county auditor. The secretary of state shall, within seven
5.14calendar days after completing the official ballot measure petition form, send to the
5.15county auditor in each county a verbatim copy of the ballot measure as is on file in the
5.16secretary of state's office.
5.17 Sec. 8. [3B.36] INTERNET SITE.
5.18Upon preparing ballot measure petition forms under section 3B.35, the secretary of
5.19state shall maintain a Web site containing information about the proposed ballot measure.
5.20 Sec. 9. [3B.37] TIME AND PLACE OF CIRCULATION OF PETITIONS;
5.21VOLUNTARY ABANDONMENT.
5.22 Subdivision 1. Circulation dates. Ballot measure petitions may be circulated upon
5.23receipt of the official ballot measure petition form from the secretary of state.
5.24 Subd. 2. Circulating prohibited near polling place. Ballot measure petitions
5.25must not be circulated within a polling place or within 100 feet of the building in which
5.26a polling place is situated, or anywhere on public property on which a polling place is
5.27situated, on primary or election day.
5.28 Subd. 3. Abandonment of petition drive. The sponsor may abandon the petition
5.29drive at any time before the petition is certified by the secretary of state as provided in
5.30section 3B.41. To abandon the drive, a declaration to that effect must be filed with the
5.31secretary of state. The filing of the declaration does not prevent another sponsor from
5.32beginning a similar or identical petition drive. All petitions signed before the declaration
5.33are void upon the filing of the declaration and may not subsequently be used by a new
5.34sponsor.
6.1 Subd. 4. Void petitions. Petitions that are signed but never filed or that are filed
6.2but have a number of signatures that is later determined to be insufficient are void after
6.3the deadline in section 3B.39, subdivision 4. The petitions may not be used for similar or
6.4identical petition circulation efforts in subsequent years.
6.5 Sec. 10. [3B.38] PETITION FILING DEADLINE.
6.6The sponsor shall file the signed petitions with the secretary of state not later than
6.7July 1 of an even-numbered year.
6.8 Sec. 11. [3B.39] VERIFICATION OF PETITIONS.
6.9 Subdivision 1. Deadline; methods; challenges. Within 30 days after a petition
6.10is filed under section 3B.38 but not later than July 31 of an even-numbered year, the
6.11secretary of state shall determine whether a sufficient number of valid signatures has been
6.12obtained. The secretary of state may verify signatures by the random sampling method
6.13provided in section 3B.40. County auditors, at the secretary of state's request, shall assist
6.14the secretary of state in verifying signatures.
6.15 Subd. 2. Validity. A signature is valid if:
6.16(1) it is voluntarily signed by the person named;
6.17(2) the signatory is a registered voter; and
6.18(3) the signature is identifiable.
6.19 Subd. 3. Protest; contest. Any eligible voter may challenge the number or validity
6.20of signatures on the petition. The secretary of state shall determine the contest of the
6.21number or validity of signatures by an eligible voter. An eligible voter contesting the
6.22sufficiency or validity of signatures shall file a protest within the time provided in
6.23subdivision 1 for the secretary of state to verify the petitions or within seven days of the
6.24determination of the secretary of state under subdivision 1, whichever occurs earlier. The
6.25protest must include a brief statement of the evidence of insufficiency or invalidity. If an
6.26eligible voter contests the sufficiency or validity of signatures in bad faith, the voter may
6.27be assessed costs of the contest up to a maximum of $2,000. The secretary of state shall
6.28hear evidence and determine contests within 14 days after the protest is filed.
6.29 Subd. 4. Insufficient signatures. If the secretary of state determines that the
6.30number of valid signatures is fewer than the number required, the secretary shall notify the
6.31sponsor, and petitions for additional signatures may be circulated for an additional period
6.32of 14 days in the case of a determination of an actual or estimated number deficiency,
6.33starting on the date of notification. The secretary shall verify a random sample of the
6.34additional signatures within ten days of receiving them. If the verification from the random
7.1sample of the additional signatures does not show that the total number of valid signatures
7.2on the additional petitions is 100 percent or more of the deficiency, the secretary shall
7.3notify the sponsor. No further action shall then be taken on the petitions, and the petitions
7.4may not be used for similar or identical petition circulation efforts in subsequent years.
7.5 Sec. 12. [3B.40] DETERMINATION OF SUFFICIENT VALID SIGNATURES.
7.6 Subdivision 1. Random sampling method of signature verification. A sample of
7.7signatures to be verified must be drawn in such a manner that every signature filed with
7.8the secretary of state is given an equal opportunity to be included in the sample. The
7.9sample must include five percent of the signatures. The number of valid signatures must
7.10be determined by taking the total number of signatures filed and multiplying it by the
7.11percentage of signatures in the statistical sample that were found to be valid. In calculating
7.12the number of valid signatures, any fractions must be rounded up to one.
7.13 Subd. 2. Sufficient valid signatures. If the verification from the statistical sample
7.14shows that the total number of valid signatures on all the petitions is 100 percent or more
7.15of the minimum number of signatures needed to declare the number of petition signatures
7.16to be sufficient, the secretary of state shall certify the sufficiency of the petitions under
7.17section 3B.41.
7.18 Subd. 3. Insufficient valid signatures. If the verification from the statistical sample
7.19shows that the number of valid signatures is less than 100 percent of the minimum number
7.20of signatures needed to declare the number of petition signatures to be sufficient, the
7.21secretary of state shall determine that the number of petition signatures is insufficient. The
7.22secretary shall give the sponsor written notice of what percentage of the signatures is valid.
7.23 Sec. 13. [3B.41] CERTIFICATION BY SECRETARY OF STATE.
7.24If the number of petition signatures meets the minimum number required, the
7.25secretary of state shall promptly certify the sufficiency of the petitions to the sponsor and
7.26all county auditors. The question of adoption or repeal of the law proposed by a ballot
7.27measure proposed by the petition must then be placed on the ballot for the state general
7.28election.
7.29 Sec. 14. [3B.42] PLACEMENT OF LAW ON BALLOT.
7.30If a petition has been certified so that a ballot measure will appear on the ballot at
7.31the next state general election and the legislature enacts a law with a scope and purpose
7.32similar to that of the ballot measure during its regular session in that state general election
7.33year, the legislature may place that law on the ballot as well.
8.1 Sec. 15. [3B.43] NUMBERING OF BALLOT MEASURES.
8.2The secretary of state shall number in consecutive order each initiative or referendum
8.3ballot measure with the wording "INITIATIVE NUMBER ...." or "REFERENDUM
8.4NUMBER ...." After the effective date of this section, initiatives and referenda must
8.5be numbered starting with the number one. In subsequent years, ballot measures must
8.6be numbered beginning with the first number after the number of the last initiative or
8.7referendum at the last state general election. Their order on the ballot must be assigned
8.8by the secretary of state.
8.9 Sec. 16. [3B.44] BALLOTS, VOTING, AND CANVASSING.
8.10For all ballot measures, the ballots must be prepared, voting conducted, results
8.11canvassed, contests conducted, and results certified as provided by chapters 200 to 211B.
8.12 Sec. 17. [3B.45] TIME OF VOTING.
8.13Ballot measures must be placed on the ballot only at a state general election.
8.14 Sec. 18. [3B.46] SIMULTANEOUS PETITIONS FOR BALLOT MEASURES.
8.15Nothing prevents multiple simultaneous petition drives involving identical ballot
8.16measures by the same or a different sponsor. However, certification by the secretary of
8.17state of the sufficiency of the signatures for one such measure constitutes abandonment of
8.18the identical petition drives as of the date of the secretary's certification.
8.19 Sec. 19. [3B.47] RESOLUTION OF CONFLICTS BETWEEN MEASURES.
8.20 Subdivision 1. Conflicting petitions. Nothing prevents petitioning for measures
8.21that are apparently in substantial conflict.
8.22 Subd. 2. Number of affirmative votes. If two ballot measures that substantially
8.23conflict are adopted by a vote of the people, the one receiving the larger number of
8.24affirmative votes is effective. If it is finally determined that the measures received an
8.25equal number of affirmative votes, neither becomes effective, but they must again be
8.26placed on the ballot at the next state general election. Two or more measures substantially
8.27conflict when any material provision in one measure is irreconcilable with a material
8.28provision in another measure. The secretary of state shall determine whether two or more
8.29measures substantially conflict.
8.30 Sec. 20. [3B.48] PUBLICATION.
9.1Ballot measures adopted by the people must be published by the revisor of statutes
9.2in Laws of Minnesota and codified in the same way as other laws.
9.3 Sec. 21. [3B.49] ORGANIZING GUIDE.
9.4The secretary of state shall prepare a comprehensive guide to be made available to
9.5persons wishing to conduct an initiative or referendum campaign.
9.6 Sec. 22. [3B.50] LITERATURE MUST INCLUDE NAMES.
9.7(a) Any person or committee who causes to be published, issued, posted, or
9.8circulated, other than in a newspaper as provided in section 3B.53, any literature,
9.9campaign material, or publication, including cards, pamphlets, flyers, signs, banners,
9.10leaflets, announcements, or other material tending to influence persons to sign or refuse
9.11to sign a ballot measure petition or to influence the voting at an election on a ballot
9.12measure, that fails to prominently display the name and mailing address of the person or
9.13committee causing the material to be published, issued, posted, circulated, or broadcast, is
9.14guilty of a misdemeanor.
9.15(b) This section does not apply to an individual who acts independently of an
9.16association, political committee, political fund, or sponsor of a ballot measure and spends
9.17only from the individual's own resources a sum that is less than $300 in the aggregate to
9.18produce or distribute material described in this section at least 14 days before the election
9.19at which the proposed ballot measure would be voted on.
9.20 Sec. 23. [3B.51] PAID ADVERTISEMENTS IN NEWS.
9.21 Subdivision 1. Required disclaimer. No publisher of a newspaper, periodical, or
9.22magazine shall insert in that newspaper, periodical, or magazine, and no radio or television
9.23station shall broadcast, any matter paid or to be paid for which tends or is intended to
9.24influence directly or indirectly:
9.25(1) persons to sign or refuse to sign a ballot measure petition; or
9.26(2) voting at an election on a ballot issue unless it is prominently indicated that it
9.27is a paid advertisement.
9.28 Subd. 2. Charges allowed. To the extent that any person sells either advertising
9.29space or broadcast time used on behalf of any measure, the charges made must not exceed
9.30the charges made for any other comparable purpose or use according to the seller's rate
9.31schedule.
9.32 Sec. 24. [3B.52] CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD.
10.1The following are political committees for purposes of chapter 10A:
10.2(1) the sponsor of a ballot measure; and
10.3(2) an association whose major purpose is to promote or defeat a ballot measure.
10.4 Sec. 25. [3B.53] PROHIBITIONS.
10.5 Subdivision 1. Acts prohibited. No person may:
10.6(1) be paid compensation for signing a ballot measure petition;
10.7(2) publish any literature, campaign material, or publication including cards,
10.8pamphlets, flyers, signs, banners, leaflets, announcements, or other material or any radio
10.9or television broadcast regarding a ballot measure that does not bear the identification
10.10required by law;
10.11(3) publish in any newspaper, periodical, or magazine any paid advertising matter
10.12relating to a ballot measure that does not contain the identification required by law;
10.13(4) file a petition for a ballot measure with the secretary of state without the written
10.14authorization of the sponsor;
10.15(5) induce a person to sign a petition by fraud, force, or the threat of force;
10.16(6) pay compensation for signing a ballot measure petition;
10.17(7) publish or broadcast any information regarding a ballot measure with knowledge
10.18that it is false and that tends to substantially affect adoption or rejection of the measure
10.19when the publication or broadcast is undertaken primarily for the purpose of influencing
10.20adoption or rejection;
10.21(8) sign a petition with a name other than the person's own name; or
10.22(9) intentionally sign the same petition more than once.
10.23 Subd. 2. Penalty. Any person violating subdivision 1, clauses (1) to (4), is guilty
10.24of a misdemeanor. Any person violating subdivision 1, clauses (5) to (9), is guilty of a
10.25gross misdemeanor.
10.26 Sec. 26. [3B.54] ACTION BY AND NOTIFICATIONS TO SPONSORS.
10.27 Subdivision 1. Authorized filers. Only the sponsor, or those authorized by the
10.28sponsor in writing, may file any required document or statement regarding ballot measure
10.29petitions, measures, or campaigns including election contests or petition signature count
10.30or validity contests.
10.31 Subd. 2. Sufficiency of authorization. The signature of the chair or a person
10.32authorized in writing by the chair is sufficient to authorize the filing of any statement or
10.33document required by law. If the chair authorizes another person to file any statement or
10.34document, a copy of the authorization must be attached to the filed statement or document.
11.1 Subd. 3. Recipients of notice. A notice required to be given to the sponsor must be
11.2given to those persons in subdivision 2 who may authorize any filing.
11.3 Sec. 27. [3B.55] JUDICIAL REVIEW.
11.4 Subdivision 1. Jurisdiction. The district court has original jurisdiction of any
11.5suit involving:
11.6(1) the sufficiency of the number or the validity of signatures on petitions after the
11.7administrative determinations by the secretary of state have been exhausted;
11.8(2) resolution of conflicts between ballot measures as provided by section 3B.47; or
11.9(3) any suit alleging the unconstitutionality of an adopted ballot measure.
11.10 Subd. 2. Venue. Venue for all suits and criminal prosecutions involving ballot
11.11measures is in the district court in Ramsey County.
11.12 Sec. 28. [3B.56] COPIES.
11.13The secretary of state shall provide the election officials in each county with copies
11.14of each measure proposed by initiative or referendum that must be made available to
11.15the public.
11.16 Sec. 29. [3B.57] INTERNET VOTER GUIDE.
11.17Not later than 60 days before a state general election at which a ballot measure will
11.18be voted on, the secretary of state must publish on the secretary of state's official Web site
11.19an electronic voter guide for each ballot measure. The voter guide must contain:
11.20(1) the text and the ballot question for each ballot measure certified under section
11.213.41 or referred by the legislature under the Minnesota Constitution, article IV, section
11.2227; and
11.23(2) the mailing address for the sponsor of each ballot measure.
11.24Upon the written request of a sponsor or of the chair of a political committee registered
11.25under chapter 10A whose major purpose is to promote or defeat a ballot measure that will
11.26be voted on at the state general election, the voter guide also must include links to Web
11.27sites maintained by the sponsor or by the political committee.
11.28 Sec. 30. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
11.29 Subdivision 1. County canvass. The county canvassing board shall meet at
11.30the county auditor's office between the third and tenth days following the state general
11.31election. After taking the oath of office, the board shall promptly and publicly canvass the
12.1general election returns delivered to the county auditor. Upon completion of the canvass,
12.2the board shall promptly prepare and file with the county auditor a report which states:
12.3(a) (1) the number of individuals voting at the election in the county and in each
12.4precinct;
12.5(b) (2) the number of individuals registering to vote on election day and the number
12.6of individuals registered before election day in each precinct;
12.7(c) (3) the names of the candidates for each office and the number of votes received
12.8by each candidate in the county and in each precinct;
12.9(d) (4) the number of votes counted for and against a proposed change of county
12.10lines or county seat;and
12.11(e) (5) the number of votes counted for and against a constitutional amendment or
12.12other question in the county and in each precinct.; and
12.13(6) the number of votes counted for and against each initiative and referendum.
12.14The result of write-in votes cast on the general election ballots must be compiled by
12.15the county auditor before the county canvass, except that write-in votes for a candidate for
12.16federal, state, or county office must not be counted unless the candidate has timely filed a
12.17request under section204B.09, subdivision 3 . The county auditor shall arrange for each
12.18municipality to provide an adequate number of election judges to perform this duty or the
12.19county auditor may appoint additional election judges for this purpose. The county auditor
12.20may open the envelopes or containers in which the voted ballots have been sealed in order
12.21to count and record the write-in votes and must reseal the voted ballots at the conclusion
12.22of this process. The county auditor must prepare a separate report of votes received by
12.23precinct for write-in candidates for federal, state, and county offices who have requested
12.24under section204B.09 that votes for those candidates be tallied.
12.25Upon completion of the canvass, the county canvassing board shall declare the
12.26candidate duly elected who received the highest number of votes for each county and state
12.27office voted for only within the county. The county auditor shall transmit a certified
12.28copy of the county canvassing board report for state and federal offices to the secretary
12.29of state by messenger, express mail, or similar service immediately upon conclusion of
12.30the county canvass.
12.31 Sec. 31. Minnesota Statutes 2010, section 204C.33, subdivision 3, is amended to read:
12.32 Subd. 3. State canvass. The State Canvassing Board shall meet at the secretary
12.33of state's office on the third Tuesday following the state general election to canvass the
12.34certified copies of the county canvassing board reports received from the county auditors
12.35and shall prepare a report that states:
13.1(a) (1) the number of individuals voting in the state and in each county;
13.2(b) (2) the number of votes received by each of the candidates, specifying the
13.3counties in which they were cast;and
13.4(c) (3) the number of votes counted for and against each constitutional amendment,
13.5specifying the counties in which they were cast.; and
13.6(4) the number of votes counted for and against each initiative and referendum.
13.7All members of the State Canvassing Board shall sign the report and certify its
13.8correctness. The State Canvassing Board shall declare the result within three days after
13.9completing the canvass.
13.10 Sec. 32. Minnesota Statutes 2010, section 204D.11, is amended by adding a
13.11subdivision to read:
13.12 Subd. 3a. Initiative and referendum ballot. All initiative or referendum ballot
13.13questions must be on the pink ballot. The order of the questions must be the order assigned
13.14under section 3B.43.
13.15 Sec. 33. EFFECTIVE DATE.
13.16Sections 3 to 32 are effective the day after the constitutional amendment proposed
13.17by section 1 is approved by the people.
1.3article IV to provide for initiative and referendum; providing procedures for
1.4initiative and referendum; providing penalties;amending Minnesota Statutes
1.52010, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision;
1.6proposing coding for new law in Minnesota Statutes, chapter 3B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.9An amendment to the Minnesota Constitution is proposed to the people. If the
1.10amendment is adopted, a section shall be added to article IV, to read:
1.11Sec. 27. The enactment of a law may be initiated by a petition of registered voters. A
1.12referendum of the people to repeal existing law may be proposed by petition of registered
1.13voters.
1.14An initiative of the people that proposes a law shall be placed on the ballot at the
1.15state general election if petitions for it are signed by registered voters in each of the
1.16congressional districts of the state, and of the state as a whole, in a number equal to or
1.17greater than five percent of the number of persons who voted for governor at the last
1.18election of a governor in each of the districts respectively and in the state as a whole.
1.19A referendum of the people whose purpose is only to repeal existing law shall be
1.20placed on the ballot at the state general election if petitions for it are signed by registered
1.21voters in each of the congressional districts of the state, and of the state as a whole, in
1.22a number not less than five percent of the number of persons who voted for governor at
1.23the last election of a governor. If the law whose repeal is proposed has not gone into
1.24effect at the time that completed petitions are filed, the law shall remain suspended until
1.25the question is voted on.
2.1An initiated law or the repeal of a law by referendum of the people shall be enacted
2.230 days after the affirmative vote of a majority of those voting on the question. An initiated
2.3law may not be amended or repealed nor may a law repealed by referendum be enacted
2.4again, either under this section or by enactment by the legislature, before the next state
2.5general election after the vote on the initiated or referred law. The governor may not veto
2.6an initiated law or a referendum of the people. If a law that is similar to a pending initiated
2.7law is enacted by the legislature, the sponsor of the initiative may abandon it. The similar
2.8law may provide that, if the sponsor of the initiative declines to abandon it, the similar law
2.9will also be placed on the ballot to be voted on like the initiated law. If both receive the
2.10affirmative vote of a majority, only that which has the greater vote shall take effect.
2.11An amendment to the constitution may be initiated by a petition signed by registered
2.12voters in each of the congressional districts of the state, and of the state as a whole, in
2.13a number not less than eight percent of the number of persons who voted for governor
2.14at the last election of a governor in each of the districts respectively and in the state as
2.15a whole. The amendment shall be placed on the ballot at the state general election and
2.16becomes part of the constitution 30 days after the affirmative vote of a majority of those
2.17voting at the election.
2.18The legislature may, by a law enacted under the other provisions of this article, refer
2.19a law to a vote of the people. No more than three laws may be referred by the legislature
2.20to a vote of the people at the same state general election. A law referred by the legislature
2.21shall be enacted 30 days after the affirmative vote of a majority of those voting on the
2.22question. The governor may not veto a law referred by the legislature.
2.23A proposal for an initiated law, a referendum of the people to repeal existing law, an
2.24amendment to the constitution initiated by petition, or a law referred by the legislature to a
2.25vote of the people may not embrace more than one general subject.
2.26The legislature shall, by law, provide procedures to facilitate this section.
2.27 Sec. 2. SUBMISSION TO VOTERS.
2.28The proposed amendment must be submitted to the people at the 2012 general
2.29election. The question submitted must be:
2.30"Shall the Minnesota Constitution be amended to provide for initiative and
2.31referendum?
| 2.32 |
Yes ..... |
||
| 2.33 |
No
.....
" |
2.34 Sec. 3. [3B.31] CITATION.
3.1Sections 3B.31 to 3B.57 may be cited as the "Initiative and Referendum
3.2Implementation Act."
3.3 Sec. 4. [3B.32] DEFINITIONS.
3.4 Subdivision 1. Scope. The definitions in this section apply to sections 3B.31
3.5to 3B.57.
3.6 Subd. 2. Ballot measure. "Ballot measure" means a law proposed by an initiative
3.7or a referendum of the people.
3.8Ballot measure also includes a law referred by the legislature for purposes of sections
3.93B.43; 3B.44; 3B.45; 3B.48; 3B.50; 3B.51, subdivision 1, clause (2); 3B.52; 3B.53,
3.10subdivision 1, clauses (2), (3), and (7), and subdivision 2; 3B.55; 3B.56; and 3B.57.
3.11 Subd. 3. Petition drive. "Petition drive" means the organized process by which the
3.12sponsor and the authorized agents solicit registered voters to sign ballot measure petitions.
3.13 Subd. 4. Sponsor. "Sponsor" means a political committee as defined by section
3.1410A.01, subdivision 27, whose major purpose is to promote or defeat a ballot measure.
3.15 Sec. 5. [3B.33] PREPARATION FOR PETITIONING.
3.16 Subdivision 1. Filing of declaration. Before circulating petitions to have a
3.17ballot measure placed on the ballot at the state general election, the sponsor shall file a
3.18declaration with the secretary of state not earlier than January 1 of an odd-numbered year.
3.19 Subd. 2. Contents. The declaration must:
3.20(1) state the name, mailing address, chair, and treasurer of the sponsor;
3.21(2) give a description of the intent or purpose of the ballot measure;
3.22(3) state a short title by which the sponsor wants the ballot measure to be identified;
3.23and
3.24(4) state the name, address, and telephone number of the person who is designated by
3.25the sponsor to work on the final form and wording of the ballot measure and is authorized
3.26to approve its final form and wording.
3.27 Subd. 3. Changes. Upon notification by the sponsor, the secretary of state shall
3.28amend information listed in the declaration.
3.29 Subd. 4. Sample. The secretary of state shall provide a sample declaration form.
3.30 Subd. 5. Filing fee. The sponsor shall pay to the secretary of state a filing fee
3.31of $100.
3.32 Sec. 6. [3B.34] ADVICE BY REVISOR OF STATUTES.
4.1 Subdivision 1. Secretary of state's duties. The secretary of state shall immediately
4.2forward one copy of each declaration to the revisor of statutes. The secretary of state shall
4.3also advise the sponsor to consult with the revisor.
4.4 Subd. 2. Revisor's duties. The revisor of statutes shall, within 14 days of the
4.5filing of a declaration, prepare a final draft of a ballot measure. The intent and purpose
4.6may be amplified or refined by the person authorized by the declaration to approve the
4.7form and wording of the measure. The revisor shall advise the sponsor as to the measure's
4.8constitutionality, and the best form of the measure to accomplish the sponsor's intent
4.9and purpose. However, if the revisor and the sponsor disagree as to the best form and
4.10content of the measure to accomplish the sponsor's intent and purpose, or disagree as to
4.11constitutionality, the directions of the sponsor must prevail. All discussions by the revisor
4.12with the sponsor must be treated by the revisor as confidential. If, after consulting the
4.13revisor, the sponsor does not desire the revisor's assistance, the chair shall sign a written
4.14waiver of assistance. The waiver must then be filed with the secretary of state and the
4.15revisor, together with a final draft of the ballot measure prepared by the sponsor. Together
4.16with the final draft prepared by the revisor, or within seven days after receiving the waiver
4.17and final draft prepared by the sponsor, the revisor shall furnish the sponsor and the
4.18secretary of state with a summary of the measure to be proposed to the people.
4.19 Subd. 3. Form. The form of ballot measures must conform to the form of bills
4.20considered by the legislature. The enacting clause must be "BE IT ENACTED BY THE
4.21PEOPLE OF THE STATE OF MINNESOTA:" No ballot measure may embrace more
4.22than one general subject. The ballot measure may not provide for the form of the ballot
4.23question by which it would be submitted to the voters.
4.24Within 14 days after receiving the final draft of the ballot measure and the revisor's
4.25summary, the secretary of state must state the wording of the question to be placed on
4.26the ballot. The ballot question must be a true and impartial statement of the intent and
4.27purpose of the measure. It must be in similar form as a ballot question for a legislative
4.28proposal of a constitutional amendment.
4.29 Sec. 7. [3B.35] PETITIONS FOR BALLOT MEASURE.
4.30 Subdivision 1. Contents. Each official ballot measure petition form must be printed
4.31on only one side of a sheet of paper and contain the following:
4.32(1) in not less than 24-point bold type at the top of the front page, the printed words
4.33"OFFICIAL BALLOT MEASURE PETITION";
4.34(2) the ballot question prepared by the secretary of state and the name of the sponsor;
4.35(3) the summary of the ballot measure prepared by the revisor;
5.1(4) a statement that a verbatim copy of the ballot measure is available for public
5.2examination at the office of the secretary of state or any county auditor and on the
5.3secretary of state's Web site;
5.4(5) space for registered voters to sign the petition including space for the signature,
5.5printed name, telephone number, mailing address, county of residence, and an indication
5.6of status as a registered voter; and
5.7(6) a statement that some of the circulators of the petition may have been paid
5.8to circulate it.
5.9 Subd. 2. Secretary of state to prepare. The secretary of state shall prepare the
5.10official ballot measure petition form as required by subdivision 1 and shall provide a copy
5.11to the sponsor to duplicate and circulate within 14 days after receiving the final draft of the
5.12ballot measure and the revisor's summary.
5.13 Subd. 3. Copy to county auditor. The secretary of state shall, within seven
5.14calendar days after completing the official ballot measure petition form, send to the
5.15county auditor in each county a verbatim copy of the ballot measure as is on file in the
5.16secretary of state's office.
5.17 Sec. 8. [3B.36] INTERNET SITE.
5.18Upon preparing ballot measure petition forms under section 3B.35, the secretary of
5.19state shall maintain a Web site containing information about the proposed ballot measure.
5.20 Sec. 9. [3B.37] TIME AND PLACE OF CIRCULATION OF PETITIONS;
5.21VOLUNTARY ABANDONMENT.
5.22 Subdivision 1. Circulation dates. Ballot measure petitions may be circulated upon
5.23receipt of the official ballot measure petition form from the secretary of state.
5.24 Subd. 2. Circulating prohibited near polling place. Ballot measure petitions
5.25must not be circulated within a polling place or within 100 feet of the building in which
5.26a polling place is situated, or anywhere on public property on which a polling place is
5.27situated, on primary or election day.
5.28 Subd. 3. Abandonment of petition drive. The sponsor may abandon the petition
5.29drive at any time before the petition is certified by the secretary of state as provided in
5.30section 3B.41. To abandon the drive, a declaration to that effect must be filed with the
5.31secretary of state. The filing of the declaration does not prevent another sponsor from
5.32beginning a similar or identical petition drive. All petitions signed before the declaration
5.33are void upon the filing of the declaration and may not subsequently be used by a new
5.34sponsor.
6.1 Subd. 4. Void petitions. Petitions that are signed but never filed or that are filed
6.2but have a number of signatures that is later determined to be insufficient are void after
6.3the deadline in section 3B.39, subdivision 4. The petitions may not be used for similar or
6.4identical petition circulation efforts in subsequent years.
6.5 Sec. 10. [3B.38] PETITION FILING DEADLINE.
6.6The sponsor shall file the signed petitions with the secretary of state not later than
6.7July 1 of an even-numbered year.
6.8 Sec. 11. [3B.39] VERIFICATION OF PETITIONS.
6.9 Subdivision 1. Deadline; methods; challenges. Within 30 days after a petition
6.10is filed under section 3B.38 but not later than July 31 of an even-numbered year, the
6.11secretary of state shall determine whether a sufficient number of valid signatures has been
6.12obtained. The secretary of state may verify signatures by the random sampling method
6.13provided in section 3B.40. County auditors, at the secretary of state's request, shall assist
6.14the secretary of state in verifying signatures.
6.15 Subd. 2. Validity. A signature is valid if:
6.16(1) it is voluntarily signed by the person named;
6.17(2) the signatory is a registered voter; and
6.18(3) the signature is identifiable.
6.19 Subd. 3. Protest; contest. Any eligible voter may challenge the number or validity
6.20of signatures on the petition. The secretary of state shall determine the contest of the
6.21number or validity of signatures by an eligible voter. An eligible voter contesting the
6.22sufficiency or validity of signatures shall file a protest within the time provided in
6.23subdivision 1 for the secretary of state to verify the petitions or within seven days of the
6.24determination of the secretary of state under subdivision 1, whichever occurs earlier. The
6.25protest must include a brief statement of the evidence of insufficiency or invalidity. If an
6.26eligible voter contests the sufficiency or validity of signatures in bad faith, the voter may
6.27be assessed costs of the contest up to a maximum of $2,000. The secretary of state shall
6.28hear evidence and determine contests within 14 days after the protest is filed.
6.29 Subd. 4. Insufficient signatures. If the secretary of state determines that the
6.30number of valid signatures is fewer than the number required, the secretary shall notify the
6.31sponsor, and petitions for additional signatures may be circulated for an additional period
6.32of 14 days in the case of a determination of an actual or estimated number deficiency,
6.33starting on the date of notification. The secretary shall verify a random sample of the
6.34additional signatures within ten days of receiving them. If the verification from the random
7.1sample of the additional signatures does not show that the total number of valid signatures
7.2on the additional petitions is 100 percent or more of the deficiency, the secretary shall
7.3notify the sponsor. No further action shall then be taken on the petitions, and the petitions
7.4may not be used for similar or identical petition circulation efforts in subsequent years.
7.5 Sec. 12. [3B.40] DETERMINATION OF SUFFICIENT VALID SIGNATURES.
7.6 Subdivision 1. Random sampling method of signature verification. A sample of
7.7signatures to be verified must be drawn in such a manner that every signature filed with
7.8the secretary of state is given an equal opportunity to be included in the sample. The
7.9sample must include five percent of the signatures. The number of valid signatures must
7.10be determined by taking the total number of signatures filed and multiplying it by the
7.11percentage of signatures in the statistical sample that were found to be valid. In calculating
7.12the number of valid signatures, any fractions must be rounded up to one.
7.13 Subd. 2. Sufficient valid signatures. If the verification from the statistical sample
7.14shows that the total number of valid signatures on all the petitions is 100 percent or more
7.15of the minimum number of signatures needed to declare the number of petition signatures
7.16to be sufficient, the secretary of state shall certify the sufficiency of the petitions under
7.17section 3B.41.
7.18 Subd. 3. Insufficient valid signatures. If the verification from the statistical sample
7.19shows that the number of valid signatures is less than 100 percent of the minimum number
7.20of signatures needed to declare the number of petition signatures to be sufficient, the
7.21secretary of state shall determine that the number of petition signatures is insufficient. The
7.22secretary shall give the sponsor written notice of what percentage of the signatures is valid.
7.23 Sec. 13. [3B.41] CERTIFICATION BY SECRETARY OF STATE.
7.24If the number of petition signatures meets the minimum number required, the
7.25secretary of state shall promptly certify the sufficiency of the petitions to the sponsor and
7.26all county auditors. The question of adoption or repeal of the law proposed by a ballot
7.27measure proposed by the petition must then be placed on the ballot for the state general
7.28election.
7.29 Sec. 14. [3B.42] PLACEMENT OF LAW ON BALLOT.
7.30If a petition has been certified so that a ballot measure will appear on the ballot at
7.31the next state general election and the legislature enacts a law with a scope and purpose
7.32similar to that of the ballot measure during its regular session in that state general election
7.33year, the legislature may place that law on the ballot as well.
8.1 Sec. 15. [3B.43] NUMBERING OF BALLOT MEASURES.
8.2The secretary of state shall number in consecutive order each initiative or referendum
8.3ballot measure with the wording "INITIATIVE NUMBER ...." or "REFERENDUM
8.4NUMBER ...." After the effective date of this section, initiatives and referenda must
8.5be numbered starting with the number one. In subsequent years, ballot measures must
8.6be numbered beginning with the first number after the number of the last initiative or
8.7referendum at the last state general election. Their order on the ballot must be assigned
8.8by the secretary of state.
8.9 Sec. 16. [3B.44] BALLOTS, VOTING, AND CANVASSING.
8.10For all ballot measures, the ballots must be prepared, voting conducted, results
8.11canvassed, contests conducted, and results certified as provided by chapters 200 to 211B.
8.12 Sec. 17. [3B.45] TIME OF VOTING.
8.13Ballot measures must be placed on the ballot only at a state general election.
8.14 Sec. 18. [3B.46] SIMULTANEOUS PETITIONS FOR BALLOT MEASURES.
8.15Nothing prevents multiple simultaneous petition drives involving identical ballot
8.16measures by the same or a different sponsor. However, certification by the secretary of
8.17state of the sufficiency of the signatures for one such measure constitutes abandonment of
8.18the identical petition drives as of the date of the secretary's certification.
8.19 Sec. 19. [3B.47] RESOLUTION OF CONFLICTS BETWEEN MEASURES.
8.20 Subdivision 1. Conflicting petitions. Nothing prevents petitioning for measures
8.21that are apparently in substantial conflict.
8.22 Subd. 2. Number of affirmative votes. If two ballot measures that substantially
8.23conflict are adopted by a vote of the people, the one receiving the larger number of
8.24affirmative votes is effective. If it is finally determined that the measures received an
8.25equal number of affirmative votes, neither becomes effective, but they must again be
8.26placed on the ballot at the next state general election. Two or more measures substantially
8.27conflict when any material provision in one measure is irreconcilable with a material
8.28provision in another measure. The secretary of state shall determine whether two or more
8.29measures substantially conflict.
8.30 Sec. 20. [3B.48] PUBLICATION.
9.1Ballot measures adopted by the people must be published by the revisor of statutes
9.2in Laws of Minnesota and codified in the same way as other laws.
9.3 Sec. 21. [3B.49] ORGANIZING GUIDE.
9.4The secretary of state shall prepare a comprehensive guide to be made available to
9.5persons wishing to conduct an initiative or referendum campaign.
9.6 Sec. 22. [3B.50] LITERATURE MUST INCLUDE NAMES.
9.7(a) Any person or committee who causes to be published, issued, posted, or
9.8circulated, other than in a newspaper as provided in section 3B.53, any literature,
9.9campaign material, or publication, including cards, pamphlets, flyers, signs, banners,
9.10leaflets, announcements, or other material tending to influence persons to sign or refuse
9.11to sign a ballot measure petition or to influence the voting at an election on a ballot
9.12measure, that fails to prominently display the name and mailing address of the person or
9.13committee causing the material to be published, issued, posted, circulated, or broadcast, is
9.14guilty of a misdemeanor.
9.15(b) This section does not apply to an individual who acts independently of an
9.16association, political committee, political fund, or sponsor of a ballot measure and spends
9.17only from the individual's own resources a sum that is less than $300 in the aggregate to
9.18produce or distribute material described in this section at least 14 days before the election
9.19at which the proposed ballot measure would be voted on.
9.20 Sec. 23. [3B.51] PAID ADVERTISEMENTS IN NEWS.
9.21 Subdivision 1. Required disclaimer. No publisher of a newspaper, periodical, or
9.22magazine shall insert in that newspaper, periodical, or magazine, and no radio or television
9.23station shall broadcast, any matter paid or to be paid for which tends or is intended to
9.24influence directly or indirectly:
9.25(1) persons to sign or refuse to sign a ballot measure petition; or
9.26(2) voting at an election on a ballot issue unless it is prominently indicated that it
9.27is a paid advertisement.
9.28 Subd. 2. Charges allowed. To the extent that any person sells either advertising
9.29space or broadcast time used on behalf of any measure, the charges made must not exceed
9.30the charges made for any other comparable purpose or use according to the seller's rate
9.31schedule.
9.32 Sec. 24. [3B.52] CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD.
10.1The following are political committees for purposes of chapter 10A:
10.2(1) the sponsor of a ballot measure; and
10.3(2) an association whose major purpose is to promote or defeat a ballot measure.
10.4 Sec. 25. [3B.53] PROHIBITIONS.
10.5 Subdivision 1. Acts prohibited. No person may:
10.6(1) be paid compensation for signing a ballot measure petition;
10.7(2) publish any literature, campaign material, or publication including cards,
10.8pamphlets, flyers, signs, banners, leaflets, announcements, or other material or any radio
10.9or television broadcast regarding a ballot measure that does not bear the identification
10.10required by law;
10.11(3) publish in any newspaper, periodical, or magazine any paid advertising matter
10.12relating to a ballot measure that does not contain the identification required by law;
10.13(4) file a petition for a ballot measure with the secretary of state without the written
10.14authorization of the sponsor;
10.15(5) induce a person to sign a petition by fraud, force, or the threat of force;
10.16(6) pay compensation for signing a ballot measure petition;
10.17(7) publish or broadcast any information regarding a ballot measure with knowledge
10.18that it is false and that tends to substantially affect adoption or rejection of the measure
10.19when the publication or broadcast is undertaken primarily for the purpose of influencing
10.20adoption or rejection;
10.21(8) sign a petition with a name other than the person's own name; or
10.22(9) intentionally sign the same petition more than once.
10.23 Subd. 2. Penalty. Any person violating subdivision 1, clauses (1) to (4), is guilty
10.24of a misdemeanor. Any person violating subdivision 1, clauses (5) to (9), is guilty of a
10.25gross misdemeanor.
10.26 Sec. 26. [3B.54] ACTION BY AND NOTIFICATIONS TO SPONSORS.
10.27 Subdivision 1. Authorized filers. Only the sponsor, or those authorized by the
10.28sponsor in writing, may file any required document or statement regarding ballot measure
10.29petitions, measures, or campaigns including election contests or petition signature count
10.30or validity contests.
10.31 Subd. 2. Sufficiency of authorization. The signature of the chair or a person
10.32authorized in writing by the chair is sufficient to authorize the filing of any statement or
10.33document required by law. If the chair authorizes another person to file any statement or
10.34document, a copy of the authorization must be attached to the filed statement or document.
11.1 Subd. 3. Recipients of notice. A notice required to be given to the sponsor must be
11.2given to those persons in subdivision 2 who may authorize any filing.
11.3 Sec. 27. [3B.55] JUDICIAL REVIEW.
11.4 Subdivision 1. Jurisdiction. The district court has original jurisdiction of any
11.5suit involving:
11.6(1) the sufficiency of the number or the validity of signatures on petitions after the
11.7administrative determinations by the secretary of state have been exhausted;
11.8(2) resolution of conflicts between ballot measures as provided by section 3B.47; or
11.9(3) any suit alleging the unconstitutionality of an adopted ballot measure.
11.10 Subd. 2. Venue. Venue for all suits and criminal prosecutions involving ballot
11.11measures is in the district court in Ramsey County.
11.12 Sec. 28. [3B.56] COPIES.
11.13The secretary of state shall provide the election officials in each county with copies
11.14of each measure proposed by initiative or referendum that must be made available to
11.15the public.
11.16 Sec. 29. [3B.57] INTERNET VOTER GUIDE.
11.17Not later than 60 days before a state general election at which a ballot measure will
11.18be voted on, the secretary of state must publish on the secretary of state's official Web site
11.19an electronic voter guide for each ballot measure. The voter guide must contain:
11.20(1) the text and the ballot question for each ballot measure certified under section
11.213.41 or referred by the legislature under the Minnesota Constitution, article IV, section
11.2227; and
11.23(2) the mailing address for the sponsor of each ballot measure.
11.24Upon the written request of a sponsor or of the chair of a political committee registered
11.25under chapter 10A whose major purpose is to promote or defeat a ballot measure that will
11.26be voted on at the state general election, the voter guide also must include links to Web
11.27sites maintained by the sponsor or by the political committee.
11.28 Sec. 30. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
11.29 Subdivision 1. County canvass. The county canvassing board shall meet at
11.30the county auditor's office between the third and tenth days following the state general
11.31election. After taking the oath of office, the board shall promptly and publicly canvass the
12.1general election returns delivered to the county auditor. Upon completion of the canvass,
12.2the board shall promptly prepare and file with the county auditor a report which states:
12.3
12.4precinct;
12.5
12.6of individuals registered before election day in each precinct;
12.7
12.8by each candidate in the county and in each precinct;
12.9
12.10lines or county seat;
12.11
12.12other question in the county and in each precinct
12.13(6) the number of votes counted for and against each initiative and referendum.
12.14The result of write-in votes cast on the general election ballots must be compiled by
12.15the county auditor before the county canvass, except that write-in votes for a candidate for
12.16federal, state, or county office must not be counted unless the candidate has timely filed a
12.17request under section
12.18municipality to provide an adequate number of election judges to perform this duty or the
12.19county auditor may appoint additional election judges for this purpose. The county auditor
12.20may open the envelopes or containers in which the voted ballots have been sealed in order
12.21to count and record the write-in votes and must reseal the voted ballots at the conclusion
12.22of this process. The county auditor must prepare a separate report of votes received by
12.23precinct for write-in candidates for federal, state, and county offices who have requested
12.24under section
12.25Upon completion of the canvass, the county canvassing board shall declare the
12.26candidate duly elected who received the highest number of votes for each county and state
12.27office voted for only within the county. The county auditor shall transmit a certified
12.28copy of the county canvassing board report for state and federal offices to the secretary
12.29of state by messenger, express mail, or similar service immediately upon conclusion of
12.30the county canvass.
12.31 Sec. 31. Minnesota Statutes 2010, section 204C.33, subdivision 3, is amended to read:
12.32 Subd. 3. State canvass. The State Canvassing Board shall meet at the secretary
12.33of state's office on the third Tuesday following the state general election to canvass the
12.34certified copies of the county canvassing board reports received from the county auditors
12.35and shall prepare a report that states:
13.1
13.2
13.3counties in which they were cast;
13.4
13.5specifying the counties in which they were cast
13.6(4) the number of votes counted for and against each initiative and referendum.
13.7All members of the State Canvassing Board shall sign the report and certify its
13.8correctness. The State Canvassing Board shall declare the result within three days after
13.9completing the canvass.
13.10 Sec. 32. Minnesota Statutes 2010, section 204D.11, is amended by adding a
13.11subdivision to read:
13.12 Subd. 3a. Initiative and referendum ballot. All initiative or referendum ballot
13.13questions must be on the pink ballot. The order of the questions must be the order assigned
13.14under section 3B.43.
13.15 Sec. 33. EFFECTIVE DATE.
13.16Sections 3 to 32 are effective the day after the constitutional amendment proposed
13.17by section 1 is approved by the people.
