Bill Text: MN HF978 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Election administration and districting procedures modified.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-02 - Secretary of State Chapter 18 04/29/11 [HF978 Detail]
Download: Minnesota-2011-HF978-Introduced.html
Bill Title: Election administration and districting procedures modified.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-02 - Secretary of State Chapter 18 04/29/11 [HF978 Detail]
Download: Minnesota-2011-HF978-Introduced.html
1.2relating to elections; modifying certain election administration and districting
1.3procedures; amending Minnesota Statutes 2010, sections 203B.085; 204B.135,
1.4subdivision 1; 204B.14, subdivisions 2, 3; 204B.44; 204B.45, subdivision 2;
1.5204C.06, subdivision 2; 375.025, subdivisions 2, 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 203B.085, is amended to read:
1.8203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
1.9REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
1.10The county auditor's office in each county and the clerk's office in each city or
1.11town authorized under section203B.05 to administer absentee balloting must be open for
1.12acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
1.13to 3:00 p.m. on the Saturdayand until 5:00 p.m. on the day immediately preceding a
1.14primary, special, or general electionunless that day falls on a Saturday or Sunday. Town
1.15clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the
1.16Saturday before a town general election held in March. The school district clerk, when
1.17performing the county auditor's election duties, need not comply with this section.
1.18 Sec. 2. Minnesota Statutes 2010, section 204B.135, subdivision 1, is amended to read:
1.19 Subdivision 1. Cities with wards. Except as provided in this subdivision, a city that
1.20elects its council members by wards may not redistrict those wards before the legislature
1.21has been redistrictedin a year ending in one or two. The wards must be redistricted within
1.2260 days after the legislature has been redistricted or at least 19 weeks before the state
1.23primary election in the year ending in two, whichever is first.
2.1In a city of the first class electing council members by wards in a year ending in
2.2one, the ward boundariesmust may be reestablished no later than 14 days before the first
2.3day to file affidavits of candidacy for city council members. The ward boundaries may
2.4be modified after the legislature has been redistricted for the purpose of establishing
2.5precinct boundaries as provided in section204B.14, subdivision 3 , but no modification
2.6in ward boundaries may result in a change of the population of any ward of more than
2.7five percent, plus or minus.
2.8 Sec. 3. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
2.9 Subd. 2. Separate precincts; combined polling place. (a) The following shall
2.10constitute at least one election precinct:
2.11(1) each city ward; and
2.12(2) each town and each statutory city.
2.13(b) A single, accessible, combined polling place may be established no later than
2.14May 1 of any year:
2.15(1) for any city of the third or fourth class, any town, or any city having territory in
2.16more than one county, in which all the voters of the city or town shall cast their ballots;
2.17(2) fortwo contiguous precincts in the same municipality that have a combined
2.18total of fewer than 500 registered voters;
2.19(3) for up to four contiguous municipalities located entirely outside the metropolitan
2.20area, as defined by section200.02, subdivision 24 , that are contained in the same county; or
2.21(4) for noncontiguous precincts located in one or more counties.
2.22A copy of the ordinance or resolution establishing a combined polling place must
2.23be filed with the county auditor within 30 days after approval by the governing body. A
2.24polling place combined under clause (3) must be approved by the governing body of each
2.25participating municipality. A polling place combined under clause (4) must be approved
2.26by the governing body of each participating municipality and the secretary of state and
2.27may be located outside any of the noncontiguous precincts. A municipality withdrawing
2.28from participation in a combined polling place must do so by filing a resolution of
2.29withdrawal with the county auditor no later than April 1 of any year.
2.30The secretary of state shall provide a separate polling place roster for each precinct
2.31served by the combined polling place. A single set of election judges may be appointed
2.32to serve at a combined polling place. The number of election judges required must be
2.33based on the total number of persons voting at the last similar election in all precincts to
2.34be voting at the combined polling place. Separate ballot boxes must be provided for the
2.35ballots from each precinct. The results of the election must be reported separately for each
3.1precinct served by the combined polling place, except in a polling place established under
3.2clause (2) where one of the precincts has fewer than ten registered voters, in which case the
3.3results of that precinct must be reported in the manner specified by the secretary of state.
3.4 Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 3, is amended to read:
3.5 Subd. 3. Boundary changes; prohibitions; exception. Notwithstanding other
3.6law or charter provisions to the contrary, during the period from January 1 in any year
3.7ending in zero to the time when the legislature has been redistricted in a year ending in
3.8one or two, no changes may be made in the boundaries of any election precinct except
3.9as provided in this subdivision.
3.10(a) If a city annexes an unincorporated area located in the same county as the city
3.11and adjacent to the corporate boundary, the annexed area may be included in an election
3.12precinct immediately adjacent to it.
3.13(b) A municipality or county may establish new election precincts lying entirely
3.14within the boundaries of any existing precinct and shall assign names to the new precincts
3.15which include the name of the former precinct.
3.16(c) Precinct boundaries in a city of the first class electing council members by wards
3.17may be reestablished within four weeks of the adoption of ward boundaries in a year
3.18ending in one, as provided in section204B.135, subdivision 1 .
3.19(d) Precinct boundaries must be reestablished within 60 days of the time when the
3.20legislature has been redistricted, or at least 19 weeks before the state primary election
3.21in a year ending in two, whichever comes first. The adoption of reestablished precinct
3.22boundaries becomes effective on the date of the state primary election in the year ending
3.23in two.
3.24Precincts must be arranged so that no precinct lies in more than one legislative
3.25or congressional district.
3.26 Sec. 5. Minnesota Statutes 2010, section 204B.44, is amended to read:
3.27204B.44 ERRORS AND OMISSIONS; REMEDY.
3.28(a) Any individual may file a petition in the manner provided in this section for
3.29the correction of any of the following errors, omissions, or wrongful acts which have
3.30occurred or are about to occur:
3.31(a) (1) an error or omission in the placement or printing of the name or description of
3.32any candidate or any question on any official ballot;
3.33(b) (2) any other error in preparing or printing any official ballot;
4.1(c) (3) failure of the chair or secretary of the proper committee of a major political
4.2party to execute or file a certificate of nomination; or
4.3(d) (4) any wrongful act, omission, or error of any election judge, municipal clerk,
4.4county auditor, canvassing board or any of its members, the secretary of state, or any other
4.5individual charged with any duty concerning an election.
4.6(b) The petition shall describe the error, omission, or wrongful act and the correction
4.7sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
4.8the case of an election for state or federal office or any judge of the district court in that
4.9county in the case of an election for county, municipal, or school district office. The
4.10petitioner shall serve a copy of the petition on the officer, board or individual charged with
4.11the error, omission, or wrongful act, and on any other party as required by the court.
4.12(c)(1) Upon receipt ofthe a petition the court shall immediately set a time for a
4.13hearing on the matter and order the officer, board or individual charged with the error,
4.14omission or wrongful act to correct the error or wrongful act or perform the duty or show
4.15cause for not doing so. The court shall issue its findings and a final order for appropriate
4.16relief as soon as possible after the hearing.
4.17(2) For petitions filed prior to an election where the alleged error, omission, or
4.18wrongful act relates to the placement or printing of the name or description of a candidate
4.19or a question on the official ballot, the officer responsible for printing the ballots must
4.20inform the court of the date by which the ballots must be finally printed to comply with
4.21other requirements of law related to the administration of the election. To the extent
4.22practicable, the court must expedite issuance of a final order for appropriate relief on these
4.23petitions to ensure timely printing of the official ballots.
4.24(d) Failure to obeythe an order issued under this section is contempt of court.
4.25 Sec. 6. Minnesota Statutes 2010, section 204B.45, subdivision 2, is amended to read:
4.26 Subd. 2. Procedure. Notice of the election and the special mail procedure must
4.27be given at least six weeks prior to the election. Not more than 46 days nor later than
4.2814 days before a regularly scheduled election for federal, state, county, city, or school
4.29board office or a special election for federal office and not more than 30 days nor later
4.30than 14 days before any other election, the auditor shall mail ballots by nonforwardable
4.31mail to all voters registered in the town or unorganized territory. No later than 14 days
4.32before the election, the auditor must make a subsequent mailing of ballots to those voters
4.33who register to vote after the initial mailing but before the 20th day before the election.
4.34Eligible voters not registered at the time the ballots are mailed may apply for ballots as
4.35provided in chapter 203B. Ballot return envelopes, with return postage provided, must
5.1be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
5.2person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
5.3to examine the return envelopes and mark them "accepted" or "rejected" within three
5.4days of receipt if there are 14 or fewer days before election day, or within five days of
5.5receipt if there are more than 14 days before election day. The board may consist of staff
5.6trained as election judges. Election judges performing the duties in this section must be
5.7of different major political parties, unless they are exempt from that requirement under
5.8section205.075, subdivision 4 , or section
205A.10 . If an envelope has been rejected at
5.9least five days before the election, the ballots in the envelope must remain sealed and the
5.10auditor or clerk shall provide the voter with a replacement ballot and return envelope in
5.11place of the spoiled ballot. If the ballot is rejected within five days of the election, the
5.12envelope must remain sealed and the official in charge of the ballot board must attempt to
5.13contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
5.14rejected. The official must document the attempts made to contact the voter.
5.15If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
5.16indicate that the voter has already cast a ballot in that election. After the close of business
5.17on the fourth day before the election, the ballots from return envelopes marked "Accepted"
5.18may be opened, duplicated as needed in the manner provided by section206.86 ,
5.19subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
5.20In all other respects, the provisions of the Minnesota Election Law governing
5.21deposit and counting of ballots apply.
5.22One ballot board may accept and reject both mail ballots and absentee ballots for
5.23a precinct. The mail and absentee ballots for a precinct must be counted together and
5.24reported as one vote total. No vote totals from mail or absentee ballots may be made
5.25public before the close of voting on election day.
5.26The costs of the mailing shall be paid by the election jurisdiction in which the voter
5.27resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
5.28 Sec. 7. Minnesota Statutes 2010, section 204C.06, subdivision 2, is amended to read:
5.29 Subd. 2. Individuals allowed in polling place; identification. (a) Representatives
5.30of the secretary of state's office, the county auditor's office, and the municipal or school
5.31district clerk's office may be present at the polling place to observe election procedures.
5.32Except for these representatives, election judges, sergeants-at-arms, and challengers, an
5.33individual may remain inside the polling place during voting hours only while voting or
5.34registering to vote, providing proof of residence for an individual who is registering to
5.35vote, or assisting a disabled voter or a voter who is unable to read English. During voting
6.1hours no one except individuals receiving, marking, or depositing ballots shall approach
6.2within six feet of a voting booth, ballot counter, or electronic voting equipment, unless
6.3lawfully authorized to do so by an election judge or the individual is an election judge
6.4monitoring the operation of the ballot counter or electronic voting equipment.
6.5(b) Teachers and elementary or secondary school students participating in an
6.6educational activity authorized by section204B.27, subdivision 7 , may be present at the
6.7polling place during voting hours.
6.8(c) Each official on duty in the polling place must wear an identification badge that
6.9shows their role in the election process. The badge must not show their party affiliation.
6.10 Sec. 8. Minnesota Statutes 2010, section 375.025, subdivision 2, is amended to read:
6.11 Subd. 2. Voters rights. Any qualified voter may apply to the district court of the
6.12county for a writ of mandamus (a) requiring the county to be redistricted if the county
6.13board has not redistricted the county within the time specified in subdivision 1, or (b) to
6.14revise the redistricting plan. Any application for revision of a redistricting plan filed with
6.15the county auditormore than 15 weeks before the state primary in a year ending in two
6.16that seeks to affect elections held in a year ending in two must be filed with the district
6.17courtwithin three weeks but no later than 14 weeks one week before the state primary first
6.18day to file for office in the year ending intwo "2". If a plan for redistricting a county is
6.19filed less than 14 weeks before the state primary in a year ending in two, any application
6.20for revision of the plan that seeks to affect an election in the year ending in two shall be
6.21filed with the district court within one week after the plan has been filed with the county
6.22auditor. The district court may direct the county board to show cause why it has not
6.23redistricted the county or why the redistricting plan prepared by it should not be revised.
6.24On hearing the matter it may allow the county board additional time in which to redistrict
6.25the county or to correct errors in the redistricting plan. If it appears to the court that the
6.26county board has not been sufficiently diligent in performing its redistricting duties, the
6.27court may appoint a redistricting commission to redistrict the county in accordance with
6.28the standards set forth in subdivision 1 and any other conditions the court shall deem
6.29advisable and appropriate. If a redistricting commission is appointed, the county board
6.30shall be without authority to redistrict the county.
6.31 Sec. 9. Minnesota Statutes 2010, section 375.025, subdivision 4, is amended to read:
6.32 Subd. 4. Redistricting plan; election following redistricting. A redistricting
6.33plan whether prepared by the county board or the redistricting commission shall be filed
6.34in the office of the county auditor. A redistricting plan shall be effective on the 31st
7.1day after filing unless a later effective date is specified but no plan shall be effective
7.2for the next election of county commissioners unless the plan is filed with the county
7.3auditor not less than30 days two weeks before the first date candidates may file for the
7.4office of county commissioner. One commissioner shall be elected in each district who,
7.5at the time of the election, is a resident of the district. A person elected may hold the
7.6office only while remaining a resident of the commissioner district or, afterJune 15 the
7.7last day to file for office during a year ending in "2", while remaining a resident of the
7.8county. The county board or the redistricting commission shall determine the number of
7.9members of the county board who shall be elected for two-year terms and for four-year
7.10terms to provide staggered terms on the county board. Thereafter, all commissioners shall
7.11be elected for four years. When a county is redistricted, there shall be a new election of
7.12commissioners in all the districts at the next general election except that if the change
7.13made in the boundaries of a district is less than five percent of the average of all districts
7.14of the county, the commissioner in office at the time of the redistricting shall serve for
7.15the full period for which elected.
7.16 Sec. 10. EFFECTIVE DATE.
7.17Sections 1 to 9 are effective the day following final enactment.
1.3procedures; amending Minnesota Statutes 2010, sections 203B.085; 204B.135,
1.4subdivision 1; 204B.14, subdivisions 2, 3; 204B.44; 204B.45, subdivision 2;
1.5204C.06, subdivision 2; 375.025, subdivisions 2, 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 203B.085, is amended to read:
1.8203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
1.9REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
1.10The county auditor's office in each county and the clerk's office in each city or
1.11town authorized under section
1.12acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
1.13to 3:00 p.m. on the Saturday
1.14primary, special, or general election
1.15clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the
1.16Saturday before a town general election held in March. The school district clerk, when
1.17performing the county auditor's election duties, need not comply with this section.
1.18 Sec. 2. Minnesota Statutes 2010, section 204B.135, subdivision 1, is amended to read:
1.19 Subdivision 1. Cities with wards. Except as provided in this subdivision, a city that
1.20elects its council members by wards may not redistrict those wards before the legislature
1.21has been redistricted
1.2260 days after the legislature has been redistricted or at least 19 weeks before the state
1.23primary election in the year ending in two, whichever is first.
2.1In a city of the first class electing council members by wards in a year ending in
2.2one, the ward boundaries
2.3day to file affidavits of candidacy for city council members. The ward boundaries may
2.4be modified after the legislature has been redistricted for the purpose of establishing
2.5precinct boundaries as provided in section
2.6in ward boundaries may result in a change of the population of any ward of more than
2.7five percent, plus or minus.
2.8 Sec. 3. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
2.9 Subd. 2. Separate precincts; combined polling place. (a) The following shall
2.10constitute at least one election precinct:
2.11(1) each city ward; and
2.12(2) each town and each statutory city.
2.13(b) A single, accessible, combined polling place may be established no later than
2.14May 1 of any year:
2.15(1) for any city of the third or fourth class, any town, or any city having territory in
2.16more than one county, in which all the voters of the city or town shall cast their ballots;
2.17(2) for
2.18
2.19(3) for up to four contiguous municipalities located entirely outside the metropolitan
2.20area, as defined by section
2.21(4) for noncontiguous precincts located in one or more counties.
2.22A copy of the ordinance or resolution establishing a combined polling place must
2.23be filed with the county auditor within 30 days after approval by the governing body. A
2.24polling place combined under clause (3) must be approved by the governing body of each
2.25participating municipality. A polling place combined under clause (4) must be approved
2.26by the governing body of each participating municipality and the secretary of state and
2.27may be located outside any of the noncontiguous precincts. A municipality withdrawing
2.28from participation in a combined polling place must do so by filing a resolution of
2.29withdrawal with the county auditor no later than April 1 of any year.
2.30The secretary of state shall provide a separate polling place roster for each precinct
2.31served by the combined polling place. A single set of election judges may be appointed
2.32to serve at a combined polling place. The number of election judges required must be
2.33based on the total number of persons voting at the last similar election in all precincts to
2.34be voting at the combined polling place. Separate ballot boxes must be provided for the
2.35ballots from each precinct. The results of the election must be reported separately for each
3.1precinct served by the combined polling place, except in a polling place established under
3.2clause (2) where one of the precincts has fewer than ten registered voters, in which case the
3.3results of that precinct must be reported in the manner specified by the secretary of state.
3.4 Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 3, is amended to read:
3.5 Subd. 3. Boundary changes; prohibitions; exception. Notwithstanding other
3.6law or charter provisions to the contrary, during the period from January 1 in any year
3.7ending in zero to the time when the legislature has been redistricted in a year ending in
3.8one or two, no changes may be made in the boundaries of any election precinct except
3.9as provided in this subdivision.
3.10(a) If a city annexes an unincorporated area located in the same county as the city
3.11and adjacent to the corporate boundary, the annexed area may be included in an election
3.12precinct immediately adjacent to it.
3.13(b) A municipality or county may establish new election precincts lying entirely
3.14within the boundaries of any existing precinct and shall assign names to the new precincts
3.15which include the name of the former precinct.
3.16(c) Precinct boundaries in a city of the first class electing council members by wards
3.17may be reestablished within four weeks of the adoption of ward boundaries in a year
3.18ending in one, as provided in section
3.19(d) Precinct boundaries must be reestablished within 60 days of the time when the
3.20legislature has been redistricted, or at least 19 weeks before the state primary election
3.21in a year ending in two, whichever comes first. The adoption of reestablished precinct
3.22boundaries becomes effective on the date of the state primary election in the year ending
3.23in two.
3.24Precincts must be arranged so that no precinct lies in more than one legislative
3.25or congressional district.
3.26 Sec. 5. Minnesota Statutes 2010, section 204B.44, is amended to read:
3.27204B.44 ERRORS AND OMISSIONS; REMEDY.
3.28(a) Any individual may file a petition in the manner provided in this section for
3.29the correction of any of the following errors, omissions, or wrongful acts which have
3.30occurred or are about to occur:
3.31
3.32any candidate or any question on any official ballot;
3.33
4.1
4.2party to execute or file a certificate of nomination; or
4.3
4.4county auditor, canvassing board or any of its members, the secretary of state, or any other
4.5individual charged with any duty concerning an election.
4.6(b) The petition shall describe the error, omission, or wrongful act and the correction
4.7sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
4.8the case of an election for state or federal office or any judge of the district court in that
4.9county in the case of an election for county, municipal, or school district office. The
4.10petitioner shall serve a copy of the petition on the officer, board or individual charged with
4.11the error, omission, or wrongful act, and on any other party as required by the court.
4.12(c)(1) Upon receipt of
4.13hearing on the matter and order the officer, board or individual charged with the error,
4.14omission or wrongful act to correct the error or wrongful act or perform the duty or show
4.15cause for not doing so. The court shall issue its findings and a final order for appropriate
4.16relief as soon as possible after the hearing.
4.17(2) For petitions filed prior to an election where the alleged error, omission, or
4.18wrongful act relates to the placement or printing of the name or description of a candidate
4.19or a question on the official ballot, the officer responsible for printing the ballots must
4.20inform the court of the date by which the ballots must be finally printed to comply with
4.21other requirements of law related to the administration of the election. To the extent
4.22practicable, the court must expedite issuance of a final order for appropriate relief on these
4.23petitions to ensure timely printing of the official ballots.
4.24(d) Failure to obey
4.25 Sec. 6. Minnesota Statutes 2010, section 204B.45, subdivision 2, is amended to read:
4.26 Subd. 2. Procedure. Notice of the election and the special mail procedure must
4.27be given at least six weeks prior to the election. Not more than 46 days nor later than
4.2814 days before a regularly scheduled election for federal, state, county, city, or school
4.29board office or a special election for federal office and not more than 30 days nor later
4.30than 14 days before any other election, the auditor shall mail ballots by nonforwardable
4.31mail to all voters registered in the town or unorganized territory. No later than 14 days
4.32before the election, the auditor must make a subsequent mailing of ballots to those voters
4.33who register to vote after the initial mailing but before the 20th day before the election.
4.34Eligible voters not registered at the time the ballots are mailed may apply for ballots as
4.35provided in chapter 203B. Ballot return envelopes, with return postage provided, must
5.1be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
5.2person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
5.3to examine the return envelopes and mark them "accepted" or "rejected" within three
5.4days of receipt if there are 14 or fewer days before election day, or within five days of
5.5receipt if there are more than 14 days before election day. The board may consist of staff
5.6trained as election judges. Election judges performing the duties in this section must be
5.7of different major political parties, unless they are exempt from that requirement under
5.8section
5.9least five days before the election, the ballots in the envelope must remain sealed and the
5.10auditor or clerk shall provide the voter with a replacement ballot and return envelope in
5.11place of the spoiled ballot. If the ballot is rejected within five days of the election, the
5.12envelope must remain sealed and the official in charge of the ballot board must attempt to
5.13contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
5.14rejected. The official must document the attempts made to contact the voter.
5.15If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
5.16indicate that the voter has already cast a ballot in that election. After the close of business
5.17on the fourth day before the election, the ballots from return envelopes marked "Accepted"
5.18may be opened, duplicated as needed in the manner provided by section
5.19subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
5.20In all other respects, the provisions of the Minnesota Election Law governing
5.21deposit and counting of ballots apply.
5.22One ballot board may accept and reject both mail ballots and absentee ballots for
5.23a precinct. The mail and absentee ballots for a precinct must be counted together and
5.24reported as one vote total. No vote totals from mail or absentee ballots may be made
5.25public before the close of voting on election day.
5.26The costs of the mailing shall be paid by the election jurisdiction in which the voter
5.27resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
5.28 Sec. 7. Minnesota Statutes 2010, section 204C.06, subdivision 2, is amended to read:
5.29 Subd. 2. Individuals allowed in polling place; identification. (a) Representatives
5.30of the secretary of state's office, the county auditor's office, and the municipal or school
5.31district clerk's office may be present at the polling place to observe election procedures.
5.32Except for these representatives, election judges, sergeants-at-arms, and challengers, an
5.33individual may remain inside the polling place during voting hours only while voting or
5.34registering to vote, providing proof of residence for an individual who is registering to
5.35vote, or assisting a disabled voter or a voter who is unable to read English. During voting
6.1hours no one except individuals receiving, marking, or depositing ballots shall approach
6.2within six feet of a voting booth, ballot counter, or electronic voting equipment, unless
6.3lawfully authorized to do so by an election judge or the individual is an election judge
6.4monitoring the operation of the ballot counter or electronic voting equipment.
6.5(b) Teachers and elementary or secondary school students participating in an
6.6educational activity authorized by section
6.7polling place during voting hours.
6.8(c) Each official on duty in the polling place must wear an identification badge that
6.9shows their role in the election process. The badge must not show their party affiliation.
6.10 Sec. 8. Minnesota Statutes 2010, section 375.025, subdivision 2, is amended to read:
6.11 Subd. 2. Voters rights. Any qualified voter may apply to the district court of the
6.12county for a writ of mandamus (a) requiring the county to be redistricted if the county
6.13board has not redistricted the county within the time specified in subdivision 1, or (b) to
6.14revise the redistricting plan. Any application for revision of a redistricting plan filed with
6.15the county auditor
6.16that seeks to affect elections held in a year ending in two must be filed with the district
6.17court
6.18day to file for office in the year ending in
6.19
6.20
6.21
6.22
6.23redistricted the county or why the redistricting plan prepared by it should not be revised.
6.24On hearing the matter it may allow the county board additional time in which to redistrict
6.25the county or to correct errors in the redistricting plan. If it appears to the court that the
6.26county board has not been sufficiently diligent in performing its redistricting duties, the
6.27court may appoint a redistricting commission to redistrict the county in accordance with
6.28the standards set forth in subdivision 1 and any other conditions the court shall deem
6.29advisable and appropriate. If a redistricting commission is appointed, the county board
6.30shall be without authority to redistrict the county.
6.31 Sec. 9. Minnesota Statutes 2010, section 375.025, subdivision 4, is amended to read:
6.32 Subd. 4. Redistricting plan; election following redistricting. A redistricting
6.33plan whether prepared by the county board or the redistricting commission shall be filed
6.34in the office of the county auditor. A redistricting plan shall be effective on the 31st
7.1day after filing unless a later effective date is specified but no plan shall be effective
7.2for the next election of county commissioners unless the plan is filed with the county
7.3auditor not less than
7.4office of county commissioner. One commissioner shall be elected in each district who,
7.5at the time of the election, is a resident of the district. A person elected may hold the
7.6office only while remaining a resident of the commissioner district or, after
7.7last day to file for office during a year ending in "2", while remaining a resident of the
7.8county. The county board or the redistricting commission shall determine the number of
7.9members of the county board who shall be elected for two-year terms and for four-year
7.10terms to provide staggered terms on the county board. Thereafter, all commissioners shall
7.11be elected for four years. When a county is redistricted, there shall be a new election of
7.12commissioners in all the districts at the next general election except that if the change
7.13made in the boundaries of a district is less than five percent of the average of all districts
7.14of the county, the commissioner in office at the time of the redistricting shall serve for
7.15the full period for which elected.
7.16 Sec. 10. EFFECTIVE DATE.
7.17Sections 1 to 9 are effective the day following final enactment.
