Rules Adopted
The rules were approved on April 28, 2010. Order from Chief Administrative Law Judge Krause
Order Adopting Rules
The Proposed Order Adopting Rules has been submitted to the Chief Administrative Law Judge.
The Proposed Adopted Rules were also submitted to the Chief Administrative Law Judge with the Order.
Rule Report of the Administrative Law Judge
Administrative Law Judge Manuel J. Cervantes of the Office of Administrative Hearings has issued his Report on the Proposed Election Rules.
Proposed Permanent Rules Relating to Elections
Including Amendments to Rules Governing Petitions, Absentee Ballots, Certification and Testing of Voting Systems, Recounts, Election Judge Training Program, Ballot Preparation and Redistricting, Minnesota Rules, chapters 8205, 8210, 8220, 8230, 8235, 8240, 8250 and 8255.
All of these documents are also available from the agency contact person: Bert Black at the Office of the Secretary of State, 180 State Office Building, 100 Rev. Dr. Martin Luther King, Jr. Boulevard, Saint Paul MN 55155, 651-201-1326, (voice) 651-215-0682 (FAX) Bert.Black@state.mn.us (email). TTY users may call the Office through the Minnesota Relay Service at 711.
Alternative Format/Accommodation. Upon request, the agency can make this Notice available in an alternative format, such as large print, Braille, or cassette tape. To make such a request or if you need an accommodation to make this hearing accessible, please contact the agency contact person at the address or telephone number listed above.
Public Comment. All interested or affected persons, including representatives of associations and other interested groups, have an opportunity to participate. You may submit comments. All evidence presented should relate to the proposed rules. You may present your views in writing from November 16, 2009 until the close of the hearing record. You may also provide comments orally at the hearing or submit written material to the administrative law judge to be recorded in the hearing record for five working days after the public hearing ends. At the hearing the administrative law judge may order this five-day comment period extended for a longer period but for no more than 20 calendar days. Following the comment period, there is a five-working-day rebuttal period during which the agency and any interested person may respond in writing to any new information submitted. No one may submit additional evidence during the five-day rebuttal period. The Office of Administrative Hearings must receive all comments and responses submitted to the administrative law judge no later than 4:30 p.m. on the due date. All comments or responses received will be available for review at the Office of Administrative Hearings.
The Office requests that any person submitting written views or data to the administrative law judge before the hearing or during the comment or rebuttal period also submit a copy of the written views or data to the agency contact person at the address stated above.
Public Hearing. The Office of the Secretary of State intends to adopt rules after a publichearing following the procedures in the rules of the Office of Administrative Hearings, Minnesota Rules, parts 1400.2200 to 1400.2240, and the Administrative Procedure Act, Minnesota Statutes, sections 14.131 to 14.20. The Office will hold a public hearing on the above-named rules in the Ladyslipper Room, Ground Floor, Centennial Office Building, 658 Cedar Street, Saint Paul, Minnesota 55155 starting at 9:00 A.M. on December 18, 2009, and continuing until the hearing is completed. The Office will schedule additional days of hearing if necessary. All interested or affected persons will have an opportunity to participate by submitting either oral or written data, statements, or arguments. Statements may be submitted without appearing at the hearing.
Administrative Law Judge. Administrative Law Judge Manuel J. Cervantes will conduct the hearing. The judge can be reached at the Office of Administrative Hearings, 600 North Robert Street, P.O. Box 64620, Saint Paul, Minnesota 55164-0620, telephone 651-361-7945, and FAX 651-361-7936. The rule hearing procedure is governed by Minnesota Statutes, sections 14.131 to 14.20, and by the rules of the Office of Administrative Hearings, Minnesota Rules, parts 1400.2000 to 1400.2240. You should direct questions about the rule hearing procedure to the administrative law judge.
Modifications. The Office may modify the proposed rules as a result of the rule hearing process. It must support modifications by data and views presented during the rule hearing process. The adopted rules may not be substantially different than these proposed rules, unless the Office follows the procedure under Minnesota Rules, part 1400.2110. If the proposed rules affect you in any way, the Office encourages you to participate.
Adoption Procedure After The Hearing. After the close of the hearing record, the administrative law judge will issue a report on the proposed rules. You may ask to be notified of the date when the judge's report will become available, and can make this request at the hearing or in writing to the administrative law judge. You may also ask to be notified of the date that the Office adopts the rules and files them with the Secretary of State, or ask to register with the Office to receive notice of future rule proceedings. You may make these requests at the hearing or in writing to the agency contact person stated above.
Lobbyist Registration. Minnesota Statutes, chapter 10A, requires each lobbyist to register with the State Campaign Finance and Public Disclosure Board. You should direct questions regarding this requirement to the Campaign Finance and Public Disclosure Board at: Suite 190, Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, telephone 651-296-5148 or 1-800-657-3889.
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