1.1 A bill for an act
1.2 relating to elections; requiring voters who register on election day to cast provisional
1.3 ballots; making conforming changes; amending Minnesota Statutes 2024, sections
1.4 171.072; 201.061, subdivisions 1a, 3, 4; 201.121, subdivision 1; 201.225,
1.5 subdivisions 2, 5; 203B.04, subdivision 4; 203B.07, subdivision 3; 203B.08,
1.6 subdivision 3; 203B.081, subdivision 3; 203B.121, subdivision 2; 203B.30,
1.7 subdivisions 2, 3; 204C.07, subdivision 3a; 204C.32; 204C.33, subdivision 1;
1.8 204C.37; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision
1.9 4; 205A.10, subdivision 3; proposing coding for new law in Minnesota Statutes,
1.10 chapter 204C; repealing Minnesota Statutes 2024, sections 135A.17, subdivision
1.11 2; 201.061, subdivision 7; 201.121, subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2024, section 171.072, is amended to read:
1.14 171.072 TRIBAL IDENTIFICATION CARD.
1.15 (a) If a Minnesota identification card is deemed an acceptable form of identification in
1.16Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of
1.17identification. A tribal identification card is a primary document for purposes of section
1.18171.062 when an applicant applies for a noncompliant license or identification card.
1.19 (b) For purposes of this section, "tribal identification card" means an unexpired
1.20identification card issued by a tribal government of a tribe recognized by the Bureau of
1.21Indian Affairs, United States Department of the Interior, that contains the legal name, date
1.22of birth, signature, and picture of the enrolled tribal member.
1.23 (c) The tribal identification card must contain security features that make it as impervious
1.24to alteration as is reasonably practicable in its design and quality of material and technology.
1.25The security features must use materials that are not readily available to the general public.
1Section 1.
REVISOR JFK/NS 25-0185202/18/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1494
NINETY-FOURTH SESSION 2.1The tribal identification card must not be susceptible to reproduction by photocopying or
2.2simulation and must be highly resistant to data or photograph substitution and other
2.3tampering.
2.4 (d) Except as provided in paragraph (a), the requirements of this section do not apply:
2.5(1) except as provided in paragraph (a), to an application for a driver's license or Minnesota
2.6identification card under this chapter; or (2) to tribal identification cards used to prove an
2.7individual's residence for purposes of section 201.061, subdivision 3.
2.8 Sec. 2. Minnesota Statutes 2024, section 201.061, subdivision 1a, is amended to read:
2.9 Subd. 1a.Incomplete registration by mail.If the county auditor determines that a voter
2.10who has submitted a voter registration application by mail has not previously voted in this
2.11state for a federal office and has also not presented a document authorized for election day
2.12registration in section 201.061, subdivision 3, to the county auditor, and the county auditor
2.13is unable to verify the voter's driver's license, state identification, or last four digits of the
2.14voter's Social Security number as provided by the voter on the voter registration application
2.15whether the voter is eligible to vote, then the county auditor must notify the voter that the
2.16registration is incomplete and to complete registration by using one of the following methods:
2.17 (1) presenting to the auditor submitting a completed voter registration application more
2.18than 20 days before the election a document authorized for election day registration in
2.19section 201.061, subdivision 3;
2.20 (2) registering in person before or on election day; or
2.21 (3) if voting by absentee ballot or by mail, following election day registration procedures
2.22for absentee voters as described in section 203B.04, subdivision 4; or
2.23 (4) providing proof of residence by any of the methods authorized for election day
2.24registration in section 201.061, subdivision 3.
2.25 Sec. 3. Minnesota Statutes 2024, section 201.061, subdivision 3, is amended to read:
2.26 Subd. 3.Election day registration.(a) An individual who is eligible to vote may register
2.27on election day by appearing in person at the polling place for the precinct in which the
2.28individual maintains residence, by and completing a voter registration application, making
2.29an oath in the form prescribed by the secretary of state and providing proof of residence.
2.30An individual may prove residence for purposes of registering by:.
2.31 (1) presenting a driver's license or Minnesota identification card issued pursuant to
2.32section 171.07;
2Sec. 3.
REVISOR JFK/NS 25-0185202/18/25 3.1 (2) presenting any document approved by the secretary of state as proper identification;
3.2 (3) presenting a current student fee statement that contains the student's valid address
3.3in the precinct together with a picture identification card; or
3.4 (4) having a voter who is registered to vote in the precinct, or an employee employed
3.5by and working in a residential facility in the precinct and vouching for a resident in the
3.6facility, sign an oath in the presence of the election judge vouching that the voter or employee
3.7personally knows that the individual is a resident of the precinct. A voter who has been
3.8vouched for on election day may not sign a proof of residence oath vouching for any other
3.9individual on that election day. A voter who is registered to vote in the precinct may sign
3.10up to eight proof-of-residence oaths on any election day. This limitation does not apply to
3.11an employee of a residential facility described in this clause. The secretary of state shall
3.12provide a form for election judges to use in recording the number of individuals for whom
3.13a voter signs proof-of-residence oaths on election day. The form must include space for the
3.14maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
3.15each proof-of-residence oath, the form must include a statement that the individual: (i) is
3.16registered to vote in the precinct or is an employee of a residential facility in the precinct,
3.17(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
3.18statement on oath. The form must include a space for the voter's printed name, signature,
3.19telephone number, and address.
3.20 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
3.21attached to the voter registration application.
3.22 (b) The operator of a residential facility shall prepare a list of the names of its employees
3.23currently working in the residential facility and the address of the residential facility. The
3.24operator shall certify the list and provide it to the appropriate county auditor no less than
3.2520 days before each election for use in election day registration.
3.26 (c) "Residential facility" means transitional housing as defined in section 256K.48,
3.27subdivision 1; a supervised living facility licensed by the commissioner of health under
3.28section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
3.295; an assisted living facility licensed by the commissioner of health under chapter 144G; a
3.30veterans home operated by the board of directors of the Minnesota Veterans Homes under
3.31chapter 198; a residence licensed by the commissioner of human services to provide a
3.32residential program as defined in section 245A.02, subdivision 14; a residential facility for
3.33persons with a developmental disability licensed by the commissioner of human services
3.34under section 252.28; setting authorized to provide housing support as defined in section
3Sec. 3.
REVISOR JFK/NS 25-0185202/18/25 4.1256I.03, subdivision 10a; a shelter for battered women as defined in section 611A.37,
4.2subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to
4.3provide temporary living accommodations for the homeless; a facility where a provider
4.4operates a residential treatment program as defined in section 245.462, subdivision 23; or
4.5a facility where a provider operates an adult foster care program as defined in section
4.6245A.02, subdivision 6c.
4.7 (d) For tribal band members, an individual may prove residence for purposes of
4.8registering by:
4.9 (1) presenting an identification card issued by the tribal government of a tribe recognized
4.10by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
4.11name, address, signature, and picture of the individual; or
4.12 (2) presenting an identification card issued by the tribal government of a tribe recognized
4.13by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
4.14name, signature, and picture of the individual and also presenting one of the documents
4.15listed in Minnesota Rules, part 8200.5100, subpart 2, item B. For purposes of registration
4.16under this subdivision, the voter registration application must be printed on or affixed to a
4.17provisional ballot signature envelope and contain the information required by section
4.18201.071, subdivision 1. An individual who registers on election day is entitled to cast a
4.19provisional ballot pursuant to section 204C.135.
4.20 (e) (b) A county, school district, or municipality may require that an election judge
4.21responsible for election day registration initial each completed registration application.
4.22 Sec. 4. Minnesota Statutes 2024, section 201.061, subdivision 4, is amended to read:
4.23 Subd. 4.Registration by election judges; procedures.Registration at the polling place
4.24on election day shall be conducted by the election judges. Before registering an individual
4.25to vote at the polling place, the election judge must review any list of absentee election day
4.26registrants provided by the county auditor or municipal clerk to see if the person has already
4.27voted by absentee ballot. If the person's name appears on the list, the election judge must
4.28not allow the individual to register or to vote in the polling place. The election judge who
4.29registers an individual at the polling place on election day shall not handle that voter's ballots
4.30at any time prior to the opening of the ballot box after the voting ends. Registration
4.31applications and forms for oaths shall be available at each polling place. If an individual
4.32who registers on election day proves residence by oath of a registered voter, the form
4.33containing the oath shall be attached to the individual's registration application. Registration
4.34applications completed on election day shall be forwarded to the county auditor who shall
4Sec. 4.
REVISOR JFK/NS 25-0185202/18/25 5.1add the name of each voter to the registration system unless the information forwarded is
5.2substantially deficient. A county auditor who finds an election day registration substantially
5.3deficient shall give written notice to the individual whose registration is found deficient.
5.4An election day registration shall not be found deficient solely because the individual who
5.5provided proof of residence was ineligible to do so.
5.6 Sec. 5. Minnesota Statutes 2024, section 201.121, subdivision 1, is amended to read:
5.7 Subdivision 1.Entry of registration information.(a) At the time a voter registration
5.8application is properly completed, submitted, and received in accordance with sections
5.9201.061 and 201.071, the county auditor shall enter the information contained on it into the
5.10statewide registration system. Voter registration applications completed before election day
5.11must be entered into the statewide registration system within ten days after they have been
5.12submitted to the county auditor, but no later than three days after the election. Voter
5.13registration applications completed on election day must be entered into the statewide
5.14registration system within 42 as soon as possible, but no later than three days after the
5.15election, unless the county auditor notifies the secretary of state before the deadline has
5.16expired that the deadline will not be met. Upon receipt of a notification under this paragraph,
5.17the secretary of state must extend the deadline for that county auditor by an additional 28
5.18days. The secretary of state may waive a county's obligations under this paragraph if, on
5.19good cause shown, the county demonstrates its permanent inability to comply.
5.20The secretary of state must post data on each county's compliance with this paragraph on
5.21the secretary of state's website including, as applicable, the date each county fully complied
5.22or the deadline by which a county's compliance must be complete.
5.23 (b) Upon receiving a completed voter registration application, the secretary of state may
5.24electronically transmit the information on the application to the appropriate county auditor
5.25as soon as possible for review by the county auditor before final entry into the statewide
5.26registration system. The secretary of state may mail the voter registration application to the
5.27county auditor.
5.28 (c) Within ten days after the county auditor has entered information from a voter
5.29registration application into the statewide registration system, the secretary of state shall
5.30compare the voter's name, date of birth, and driver's license number, state identification
5.31number, or the last four digits of the Social Security number with the same information
5.32contained in the Department of Public Safety database. For applications received on election
5.33day, this must be completed within three days after the county auditor or municipal clerk
5.34has entered the information into the statewide voter registration system.
5Sec. 5.
REVISOR JFK/NS 25-0185202/18/25 6.1 (d) The secretary of state shall provide a report to the county auditor on a weekly basis
6.2that includes a list of voters whose name, date of birth, or identification number have been
6.3compared with the same information in the Department of Public Safety database and cannot
6.4be verified as provided in this subdivision. The report must list separately those voters who
6.5have submitted a voter registration application by mail and have not voted in a federal
6.6election in this state. For the six days following an election, the secretary of state must
6.7provide this report daily to county auditors and municipal clerks.
6.8 (e) The county auditor shall compile a list of voters for whom the county auditor and
6.9the secretary of state are unable to conclude that information on the voter registration
6.10application and the corresponding information in the Department of Public Safety database
6.11relate to the same person.
6.12 (f) The county auditor shall send a notice of incomplete registration to any voter whose
6.13name appears on the list and change the voter's status to "challenged." A voter who receives
6.14a notice of incomplete registration from the county auditor may either provide the information
6.15required to clear the challenge at least 21 days before the next election or at the polling
6.16place on election day.
6.17 Sec. 6. Minnesota Statutes 2024, section 201.225, subdivision 2, is amended to read:
6.18 Subd. 2.Technology requirements.An electronic roster must:
6.19 (1) be able to be loaded with a data file that includes voter registration data in a file
6.20format prescribed by the secretary of state;
6.21 (2) allow for data to be exported in a file format prescribed by the secretary of state;
6.22 (3) allow for data to be entered manually or by scanning a Minnesota driver's license or
6.23identification card to locate a voter record or populate a voter registration application that
6.24would be affixed to the provisional ballot signature envelope after being (i) printed and
6.25signed and dated by the voter. The printed registration application can be a printed form, a
6.26label printed with voter information to be affixed to a preprinted form, a combination of a
6.27form and label, or an electronic record that the voter signs electronically and is printed
6.28following its completion at the polling place or (ii) signed and dated electronically and then
6.29printed;
6.30 (4) allow an election judge to update data that was populated from a scanned driver's
6.31license or identification card;
6Sec. 6.
REVISOR JFK/NS 25-0185202/18/25 7.1 (5) cue an election judge to ask for and input data that is not populated from a scanned
7.2driver's license or identification card that is otherwise required to be collected from the voter
7.3or an election judge;
7.4 (6) immediately alert the election judge if the voter has provided information that indicates
7.5that the voter is not eligible to vote;
7.6 (7) immediately alert the election judge if the electronic roster indicates that a voter has
7.7already voted in that precinct, the voter's registration status is challenged, or it appears the
7.8voter maintains residence in a different precinct;
7.9 (8) provide immediate instructions on how to resolve a particular type of challenge when
7.10a voter's record is challenged;
7.11 (9) provide for a printed voter signature certificate, containing the voter's name, address
7.12of residence, date of birth, voter identification number, the oath required by section 204C.10,
7.13and a space for the voter's original signature. The printed voter signature certificate can be
7.14a printed form, a label printed with the voter's information to be affixed to the oath, or an
7.15electronic record that the voter signs electronically and is printed following its completion
7.16at the polling place;
7.17 (10) contain only preregistered voters within the precinct, and not contain preregistered
7.18voter data on voters registered outside of the precinct, unless being utilized for absentee or
7.19early voting under chapter 203B or for mail balloting on election day pursuant to section
7.20204B.45, subdivision 2a;
7.21 (11) be only networked within the polling location on election day, except for the purpose
7.22of updating absentee ballot records;
7.23 (12) meet minimum security, reliability, and networking standards established by the
7.24Office of the Secretary of State in consultation with the Department of Information
7.25Technology Services;
7.26 (13) be capable of providing a voter's correct polling place; and
7.27 (14) perform any other functions necessary for the efficient and secure administration
7.28of the participating election, as determined by the secretary of state.
7.29Electronic rosters used only for election day registration do not need to comply with clauses
7.30(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
7.31to comply with clauses (4) and (5).
7Sec. 6.
REVISOR JFK/NS 25-0185202/18/25 8.1 Sec. 7. Minnesota Statutes 2024, section 201.225, subdivision 5, is amended to read:
8.2 Subd. 5.Election day.(a) Precincts may use electronic rosters for election day
8.3registration, to process preregistered voters, or both. The printed election day registration
8.4applications must be reviewed when electronic records are processed in the statewide voter
8.5registration system. The election judges shall determine the number of ballots to be counted
8.6by counting the number of original voter signature certificates or the number of voter receipts.
8.7 (b) Each precinct using electronic rosters shall have a paper backup system approved
8.8by the secretary of state present at the polling place to use in the event that the election
8.9judges are unable to use the electronic roster.
8.10 Sec. 8. Minnesota Statutes 2024, section 203B.04, subdivision 4, is amended to read:
8.11 Subd. 4.Registration at time of application.An eligible voter who is not registered
8.12to vote but who is otherwise eligible to vote by absentee ballot may register by including
8.13submitting a completed voter registration application with the absentee ballot. The individual
8.14shall present proof of residence as required by section 201.061, subdivision 3, to the
8.15individual who witnesses the marking of the absentee ballots If the absentee ballot and voter
8.16registration application are returned by mail, the voter registration must be placed into the
8.17return envelope along with the signature envelope. A military voter, as defined in section
8.18203B.01, may register in this manner if voting pursuant to sections 203B.04 to 203B.15, or
8.19may register pursuant to sections 203B.16 to 203B.27.
8.20 Sec. 9. Minnesota Statutes 2024, section 203B.07, subdivision 3, is amended to read:
8.21 Subd. 3.Eligibility certificate.A certificate of eligibility to vote by absentee ballot
8.22shall be printed on the back of the signature envelope. The certificate shall contain space
8.23for the voter's Minnesota driver's license number, state identification number, or the last
8.24four digits of the voter's Social Security number, or to indicate that the voter does not have
8.25one of these numbers. The space must be designed to ensure that the voter provides the
8.26same type of identification as provided on the voter's absentee ballot application for purposes
8.27of comparison. The certificate must also contain a statement to be signed and sworn by the
8.28voter indicating that the voter meets all of the requirements established by law for voting
8.29by absentee ballot and space for a statement signed by a person who is at least 18 years of
8.30age on or before the day of the election and a citizen of the United States or by a notary
8.31public or other individual authorized to administer oaths stating that:
8.32 (1) the ballots were displayed to that individual unmarked; and
8Sec. 9.
REVISOR JFK/NS 25-0185202/18/25 9.1 (2) the voter marked the ballots in that individual's presence without showing how they
9.2were marked, or, if the voter was physically unable to mark them, that the voter directed
9.3another individual to mark them; and.
9.4 (3) if the voter was not previously registered, the voter has provided proof of residence
9.5as required by section 201.061, subdivision 3.
9.6 Sec. 10. Minnesota Statutes 2024, section 203B.08, subdivision 3, is amended to read:
9.7 Subd. 3.Procedures on receipt of ballots.(a) When absentee ballots are returned to a
9.8county auditor or municipal clerk, that official shall stamp or initial and date the return
9.9envelope and. The county auditor must open the return envelope to determine if a voter
9.10registration application is in the envelope. If a voter registration application is in the envelope,
9.11the county auditor must remove the voter registration application. The county auditor must
9.12reseal the return envelope, initial across the seal, and note that a voter registration application
9.13was removed from the envelope. The county auditor must place it all return envelopes in a
9.14locked ballot container or other secured and locked space with other return envelopes
9.15received by that office. Except for voter registration applications removed pursuant to this
9.16section, all contents of the return envelope must remain in the return envelope until delivered
9.17to the ballot board.
9.18 (b) Within five days after receipt, the county auditor or municipal clerk shall deliver to
9.19the ballot board all ballots received, except that during the 14 days immediately preceding
9.20an election, the county auditor or municipal clerk shall deliver all ballots received to the
9.21ballot board within three days. Ballots received on election day after 8:00 p.m. shall be
9.22marked as received late by the county auditor or municipal clerk, and must not be delivered
9.23to the ballot board.
9.24 (c) Upon removing the voter registration application as required by paragraph (a), the
9.25county auditor must promptly process the voter registration application as provided in section
9.26201.121, subdivisions 1 and 2.
9.27 Sec. 11. Minnesota Statutes 2024, section 203B.081, subdivision 3, is amended to read:
9.28 Subd. 3.Alternative procedure.(a) In elections not eligible to use early voting under
9.29subdivision 1a, the county auditor may make available a ballot counter and ballot box for
9.30use by the preregistered voters during the 18 days before the election. If a ballot counter
9.31and ballot box is provided, a voter must be given the option either (1) to vote using the
9.32process provided in section 203B.08, subdivision 1, or (2) to vote in the manner provided
9.33in this subdivision.
9Sec. 11.
REVISOR JFK/NS 25-0185202/18/25 10.1 (b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
10.2state the voter's name, address, and date of birth to the county auditor or municipal clerk.
10.3The voter shall sign a voter's certificate, which must include the voter's name, identification
10.4number, and the certification required by section 201.071, subdivision 1. The signature of
10.5an individual on the voter's certificate and the issuance of a ballot to the individual is evidence
10.6of the intent of the individual to vote at that election.
10.7 (c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
10.8retire to a voting station or other designated location in the polling place to mark the ballot.
10.9The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
10.10may return it to the election official in exchange for a new ballot. After completing the
10.11ballot, the voter shall deposit the ballot into the ballot box.
10.12 (d) The election official must immediately record that the voter has voted in the manner
10.13provided in section 203B.121, subdivision 3.
10.14 (e) The election duties required by this subdivision must be performed by an election
10.15judge, the county auditor, municipal clerk, or a deputy of the auditor or clerk.
10.16 (f) If a person is not registered to vote, the person must not be allowed to cast an absentee
10.17ballot using the alternative procedure authorized by this subdivision.
10.18Sec. 12. Minnesota Statutes 2024, section 203B.121, subdivision 2, is amended to read:
10.19 Subd. 2.Duties of ballot board; absentee ballots.(a) The members of the ballot board
10.20shall take possession of all signature envelopes delivered to them in accordance with section
10.21203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
10.22two or more members of the ballot board shall examine each signature envelope and shall
10.23mark it accepted or rejected in the manner provided in this subdivision. For return envelopes
10.24that note that voter registration application was removed under section 203B.08, subdivision
10.253, the election judges must not examine the signature envelope until after the fourth day
10.26following the election. Election judges performing the duties in this section must be of
10.27different major political parties, unless they are exempt from that requirement under section
10.28205.075, subdivision 4, or section 205A.10, subdivision 2.
10.29 (b) The members of the ballot board shall mark the signature envelope "Accepted" and
10.30initial or sign the signature envelope below the word "Accepted" if a majority of the members
10.31of the ballot board examining the envelope are satisfied that:
10.32 (1) the voter's name and address on the signature envelope are the same as the information
10.33provided on the absentee ballot application or voter record;
10Sec. 12.
REVISOR JFK/NS 25-0185202/18/25 11.1 (2) the voter signed the certification on the envelope;
11.2 (3) the voter's Minnesota driver's license, state identification number, or the last four
11.3digits of the voter's Social Security number are the same as a number on the voter's absentee
11.4ballot application or voter record. If the number does not match, the election judges must
11.5compare the signature provided by the applicant to determine whether the ballots were
11.6returned by the same person to whom they were transmitted;
11.7 (4) the voter is registered and eligible to vote in the precinct or has included a properly
11.8completed voter registration application in the signature envelope;
11.9 (5) the certificate has been completed as prescribed in the directions for casting an
11.10absentee ballot; and
11.11 (6) the voter has not already voted at that election, either in person or, if it is after the
11.12close of business on the 19th day before the election, as provided by section 203B.081.
11.13 The signature envelope from accepted ballots must be preserved and returned to the
11.14county auditor.
11.15 (c)(1) If a majority of the members of the ballot board examining a signature envelope
11.16find that an absentee voter has failed to meet one of the requirements provided in paragraph
11.17(b), they shall mark the signature envelope "Rejected," initial or sign it below the word
11.18"Rejected," list the reason for the rejection on the envelope, and return it to the county
11.19auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by
11.20this section. Failure to place the ballot within the ballot envelope before placing it in the
11.21outer white envelope is not a reason to reject an absentee ballot.
11.22 (2) If an envelope has been rejected at least five days before the election, the envelope
11.23must remain sealed and the official in charge of the ballot board shall provide the voter with
11.24a replacement absentee ballot and signature envelope in place of the rejected ballot.
11.25 (3) If an envelope is rejected within five days of the election, the envelope must remain
11.26sealed and the official in charge of the ballot board must attempt to contact the voter to
11.27notify the voter that the voter's ballot has been rejected by the method or methods of
11.28communication provided by the voter on the voter's application for an absentee ballot or
11.29voter registration. The official must document the attempts made to contact the voter.
11.30 (d) The official in charge of the absentee ballot board must mail the voter a written notice
11.31of absentee ballot rejection between six and ten weeks following the election. If the official
11.32determines that the voter has otherwise cast a ballot in the election, no notice is required.
11.33If an absentee ballot arrives after the deadline for submission provided by this chapter, the
11Sec. 12.
REVISOR JFK/NS 25-0185202/18/25 12.1notice must be provided between six to ten weeks after receipt of the ballot. A notice of
12.2absentee ballot rejection must contain the following information:
12.3 (1) the date on which the absentee ballot was rejected or, if the ballot was received after
12.4the required deadline for submission, the date on which the ballot was received;
12.5 (2) the reason for rejection; and
12.6 (3) the name of the appropriate election official to whom the voter may direct further
12.7questions, along with appropriate contact information.
12.8 (e) An absentee ballot signature envelope marked "Rejected" may not be opened or
12.9subject to further review except in an election contest filed pursuant to chapter 209.
12.10Sec. 13. Minnesota Statutes 2024, section 203B.30, subdivision 2, is amended to read:
12.11 Subd. 2.Voting procedure.(a) When a voter appears in an early voting polling place,
12.12the voter must state the voter's name, address, and, if requested, the voter's date of birth to
12.13the early voting official. The early voting official must confirm that the voter's registration
12.14is current in the statewide voter registration system and that the voter has not already cast
12.15a ballot in the election. If the voter's status is challenged, the voter may resolve the challenge
12.16as provided in section 204C.12. An individual who is not registered to vote or whose name
12.17or address has changed must register in the manner provided in section 201.061, subdivision
12.183, and be provided a provisional ballot under section 204C.135. A voter who has already
12.19cast a ballot in the election must not be provided with a ballot.
12.20 (b) Each voter must sign the certification provided in section 204C.10. The signature of
12.21an individual on the voter's certificate and the issuance of a ballot to the individual is evidence
12.22of the intent of the individual to vote at that election. After the voter signs the certification,
12.23two early voting officials must initial the ballot and issue it to the voter. The voter must
12.24immediately retire to a voting station or other designated location in the polling place to
12.25mark the ballot. The voter must not take a ballot from the polling place. If the voter spoils
12.26the ballot, the voter may return it to the early voting official in exchange for a new ballot.
12.27After completing the ballot, the voter must deposit the ballot into the ballot counter and
12.28ballot box. The early voting official must immediately record that the voter has voted in the
12.29manner provided in section 203B.121, subdivision 3.
12.30 (c) If a voter casts a provisional ballot, the early voting official must process the ballot
12.31consistent with section 204C.135.
12Sec. 13.
REVISOR JFK/NS 25-0185202/18/25 13.1 Sec. 14. Minnesota Statutes 2024, section 203B.30, subdivision 3, is amended to read:
13.2 Subd. 3.Processing of ballots.The early voting officials must remove and secure ballots
13.3cast during the early voting period following the procedures in section sections 203B.121,
13.4subdivision 5, paragraph (a), and 203C.135. The absentee ballot board must count the ballots
13.5after the polls have closed on election day following the procedures in section sections
13.6203B.121, subdivision 5, paragraph (b), and 203C.135.
13.7 Sec. 15. Minnesota Statutes 2024, section 204C.07, subdivision 3a, is amended to read:
13.8 Subd. 3a.Residence requirement.A challenger must be a resident of this state.
13.9Appointed challengers seeking admission to a polling place to serve in that capacity must
13.10prove their status as a resident of this state by presenting one of the documents listed in
13.11section 201.061, subdivision 3. a driver's license or Minnesota identification card issued
13.12pursuant to section 171.07, any document approved by the secretary of state as proper
13.13identification, or one of the following:
13.14 (1) a current valid student identification card from a postsecondary educational institution
13.15in Minnesota, if a list of students from that institution has been prepared under section
13.16135A.17 and certified to the county auditor in the manner provided in rules of the secretary
13.17of state; or
13.18 (2) a current student fee statement that contains the student's valid address in the precinct
13.19together with a picture identification card.
13.20Challengers need not prove residence in the precinct in which they seek to act as a challenger.
13.21Sec. 16. [204C.135] PROVISIONAL BALLOTS.
13.22 Subdivision 1.Casting provisional ballots.(a) A voter who registered on election day
13.23pursuant to section 201.061, subdivision 3, or while early voting under 203B.30, subdivision
13.242, is entitled to cast a provisional ballot.
13.25 (b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster or
13.26a provisional voter signature certificate and complete the voter registration application on
13.27the provisional ballot signature envelope. The voter registration application may be completed
13.28by an electronic roster and affixed to the provisional ballot signature envelope. The voter
13.29must also swear or affirm in writing that the voter is eligible to vote, has not voted previously
13.30in the same election, and meets the criteria for registering to vote in the precinct in which
13.31the voter appears.
13Sec. 16.
REVISOR JFK/NS 25-0185202/18/25 14.1 (c) Once the voter has completed the provisional ballot signature envelope, the voter
14.2must be allowed to cast a provisional ballot. The provisional ballot must be in the same
14.3form as the official ballot available in the precinct on election day. A completed provisional
14.4ballot shall be sealed in a ballot envelope. The ballot envelope shall be sealed inside the
14.5voter's provisional ballot signature envelope and deposited by the voter in a secure, sealed
14.6provisional ballot box. Completed provisional ballots must not be combined with other
14.7voted ballots in the polling place.
14.8 (d) The secretary of state must prescribe the form of the ballot envelope and provisional
14.9ballot signature envelope. The provisional ballot signature envelope must be a color other
14.10than that provided for absentee ballot signature envelopes and must be prominently labeled
14.11"Provisional Ballot Signature Envelope."
14.12 (e) Provisional ballots and related documentation shall be delivered to and securely
14.13maintained by the county auditor or municipal clerk in the same manner as required for
14.14other election materials under sections 204C.27 and 204C.28.
14.15 Subd. 2.Accepting or rejecting provisional ballot signature envelopes.(a) Beginning
14.16four days after the election and finishing no later than seven days after the election, the
14.17county auditor or municipal clerk must process each applicant's provisional ballot signature
14.18envelope. If the applicant is registered to vote, that voter's provisional ballot signature
14.19envelope must be accepted. The county auditor or municipal clerk must mark the provisional
14.20ballot signature envelope "Accepted" and initial or sign the envelope below the word
14.21"Accepted." If the applicant is not registered to vote, the provisional ballot signature envelope
14.22must be rejected. If a provisional ballot signature envelope is rejected, the county auditor
14.23or municipal clerk must mark the provisional ballot signature envelope "Rejected," initial
14.24or sign it below the word "Rejected," and list the reason for rejection on the envelope. The
14.25county auditor or municipal clerk must promptly record in the statewide voter registration
14.26system that a voter's provisional ballot signature envelope has been accepted or rejected.
14.27 (b) The county auditor or municipal clerk must mail the voter a written notice of
14.28provisional ballot rejection between six and ten weeks following the election. The notice
14.29must include the reason for rejection and the name of the appropriate election official to
14.30whom the voter may direct further questions, along with appropriate contact information.
14.31 (c) A provisional ballot signature envelope marked "Rejected" may not be opened or
14.32subject to further review except in an election contest filed pursuant to chapter 209.
14.33 Subd. 3.Provisional ballots; reconciliation.On the seventh day after the election and
14.34prior to counting any provisional ballots in the final vote totals from a precinct, the county
14Sec. 16.
REVISOR JFK/NS 25-0185202/18/25 15.1auditor or municipal clerk must verify that the number of signatures appearing on the
15.2provisional ballot roster from that precinct is equal to or greater than the number of
15.3provisional ballots submitted by voters in the precinct on election day. Any discrepancy
15.4must be resolved before the provisional ballots from the precinct may be counted. Excess
15.5provisional ballots must be randomly withdrawn from the accepted provisional ballots in
15.6the manner required by section 204C.20, subdivision 2.
15.7 Subd. 4.Counting provisional ballots.Once the reconciliation process required by
15.8subdivision 3 is completed, accepted provisional ballot signature envelopes must be opened;
15.9duplicated as needed in the manner provided in section 206.86, subdivision 5; initialed by
15.10the members of the ballot board; and deposited in the appropriate ballot box. If more than
15.11one ballot is enclosed in the ballot envelope, the ballots must be spoiled and must not be
15.12counted.
15.13Sec. 17. Minnesota Statutes 2024, section 204C.32, is amended to read:
15.14 204C.32 CANVASS OF STATE PRIMARIES.
15.15 Subdivision 1.County canvass.The county canvassing board shall meet at the county
15.16auditor's office on either the second or third the tenth day following the state primary. After
15.17taking the oath of office, the canvassing board shall publicly canvass the election returns
15.18delivered to the county auditor. The board shall complete the canvass by the third tenth day
15.19following the state primary and shall promptly prepare and file with the county auditor a
15.20report that states:
15.21 (a) the number of individuals voting at the election in the county, and in each precinct;
15.22 (b) the number of individuals registering to vote on election day and the number of
15.23individuals registered before election day in each precinct;
15.24 (c) for each major political party, the names of the candidates running for each partisan
15.25office and the number of votes received by each candidate in the county and in each precinct;
15.26 (d) the names of the candidates of each major political party who are nominated; and
15.27 (e) the number of votes received by each of the candidates for nonpartisan office in each
15.28precinct in the county and the names of the candidates nominated for nonpartisan office.
15.29 Upon completion of the canvass, the county auditor shall mail or deliver a notice of
15.30nomination to each nominee for county office voted for only in that county. The county
15.31auditor shall transmit one of the certified copies of the county canvassing board report for
15.32state and federal offices to the secretary of state by express mail or similar service
15Sec. 17.
REVISOR JFK/NS 25-0185202/18/25 16.1immediately upon conclusion of the county canvass. The secretary of state shall mail a
16.2notice of nomination to each nominee for state or federal office.
16.3 Subd. 2.State canvass.The State Canvassing Board shall meet at a public meeting
16.4space located in the Capitol complex area seven 14 days after the state primary to canvass
16.5the certified copies of the county canvassing board reports received from the county auditors.
16.6Immediately after the canvassing board declares the results, the secretary of state shall
16.7certify the names of the nominees to the county auditors. The secretary of state shall mail
16.8to each nominee a notice of nomination.
16.9 Sec. 18. Minnesota Statutes 2024, section 204C.33, subdivision 1, is amended to read:
16.10 Subdivision 1.County canvass.The county canvassing board shall meet at the county
16.11auditor's office between the third tenth and eighth 17th days following the state general
16.12election. After taking the oath of office, the board shall promptly and publicly canvass the
16.13general election returns delivered to the county auditor. Upon completion of the canvass,
16.14the board shall promptly prepare and file with the county auditor a report which states:
16.15 (a) the number of individuals voting at the election in the county and in each precinct;
16.16 (b) the number of individuals registering to vote on election day and the number of
16.17individuals registered before election day in each precinct;
16.18 (c) the names of the candidates for each office and the number of votes received by each
16.19candidate in the county and in each precinct;
16.20 (d) the number of votes counted for and against a proposed change of county lines or
16.21county seat; and
16.22 (e) the number of votes counted for and against a constitutional amendment or other
16.23question in the county and in each precinct.
16.24 The result of write-in votes cast on the general election ballots must be compiled by the
16.25county auditor before the county canvass, except that write-in votes for a candidate for
16.26federal, state, or county office must not be counted unless the candidate has timely filed a
16.27request under section 204B.09, subdivision 3. The county auditor shall arrange for each
16.28municipality to provide an adequate number of election judges to perform this duty or the
16.29county auditor may appoint additional election judges for this purpose. The county auditor
16.30may open the envelopes or containers in which the voted ballots have been sealed in order
16.31to count and record the write-in votes and must reseal the voted ballots at the conclusion of
16.32this process. The county auditor must prepare a separate report of votes received by precinct
16Sec. 18.
REVISOR JFK/NS 25-0185202/18/25 17.1for write-in candidates for federal, state, and county offices who have requested under
17.2section 204B.09 that votes for those candidates be tallied.
17.3 Upon completion of the canvass, the county canvassing board shall declare the candidate
17.4duly elected who received the highest number of votes for each county and state office voted
17.5for only within the county. The county auditor shall transmit a certified copy of the county
17.6canvassing board report for state and federal offices to the secretary of state by messenger,
17.7express mail, or similar service immediately upon conclusion of the county canvass.
17.8 Sec. 19. Minnesota Statutes 2024, section 204C.37, is amended to read:
17.9 204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
17.10STATE.
17.11 A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
17.12subdivision 1, shall be certified under the official seal of the county auditor. The copy shall
17.13be enclosed in an envelope addressed to the secretary of state, with the county auditor's
17.14name and official address and the words "Election Returns" endorsed on the envelope. The
17.15copy of the canvassing board report must be sent by express mail or delivered to the secretary
17.16of state. If the copy is not received by the secretary of state within ten 17 days following
17.17the applicable election a primary election, or within 24 days following a general election,
17.18the secretary of state shall immediately notify the county auditor, who shall deliver another
17.19copy to the secretary of state by special messenger.
17.20Sec. 20. Minnesota Statutes 2024, section 205.065, subdivision 5, is amended to read:
17.21 Subd. 5.Results.The municipal primary shall be conducted and the returns made in the
17.22manner provided for the state primary so far as practicable. The canvass may be conducted
17.23on either the second or third day after the primary.
17.24 The governing body of the municipality shall canvass the returns on the tenth day after
17.25the primary, and the two candidates for each office who receive the highest number of votes,
17.26or a number of candidates equal to twice the number of individuals to be elected to the
17.27office, who receive the highest number of votes, shall be the nominees for the office named.
17.28Their names shall be certified to the municipal clerk who shall place them on the municipal
17.29general election ballot without partisan designation and without payment of an additional
17.30fee.
17Sec. 20.
REVISOR JFK/NS 25-0185202/18/25 18.1 Sec. 21. Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read:
18.2 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.(a) Between
18.3the third tenth and tenth 17th days after an election, the governing body of a city conducting
18.4any election including a special municipal election, or the governing body of a town
18.5conducting the general election in November shall act as the canvassing board, canvass the
18.6returns, and declare the results of the election. The governing body of a town conducting
18.7the general election in March shall act as the canvassing board, canvass the returns, and
18.8declare the results of the election within two nine days after an election.
18.9 (b) After the time for contesting elections has passed, the municipal clerk shall issue a
18.10certificate of election to each successful candidate. In case of a contest, the certificate shall
18.11not be issued until the outcome of the contest has been determined by the proper court.
18.12 (c) In case of a tie vote, the canvassing board having jurisdiction over the municipality
18.13shall determine the result by lot. The clerk of the canvassing board shall certify the results
18.14of the election to the county auditor, and the clerk shall be the final custodian of the ballots
18.15and the returns of the election.
18.16Sec. 22. Minnesota Statutes 2024, section 205A.03, subdivision 4, is amended to read:
18.17 Subd. 4.Results.(a) The school district primary must be conducted and the returns
18.18made in the manner provided for the state primary as far as practicable. If the primary is
18.19conducted:
18.20 (1) only within that school district, a canvass may be conducted on either the second or
18.21third day after the primary; or
18.22 (2) in conjunction with the state primary, the canvass must be conducted on the third
18.23day after the primary, except as otherwise provided in paragraph (b).
18.24 On the tenth day after the primary, the school board of the school district shall canvass
18.25the returns, and the two candidates for each specified school board position who receive
18.26the highest number of votes, or a number of candidates equal to twice the number of
18.27individuals to be elected to at-large school board positions who receive the highest number
18.28of votes, are the nominees for the office named. Their names must be certified to the school
18.29district clerk who shall place them on the school district general election ballot without
18.30partisan designation and without payment of an additional fee.
18.31 (b) Following a school district primary as described in paragraph (a), clause (2), a canvass
18.32may be conducted on the second day after the primary if the county auditor of each county
18.33in which the school district is located agrees to administratively review the school district's
18Sec. 22.
REVISOR JFK/NS 25-0185202/18/25 19.1primary voting statistics for accuracy and completeness within a time that permits the canvass
19.2to be conducted on that day.
19.3 Sec. 23. Minnesota Statutes 2024, section 205A.10, subdivision 3, is amended to read:
19.4 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.Between the
19.5third tenth and tenth 17th days after a school district election other than a recount of a special
19.6election conducted under section 126C.17, subdivision 9, or 475.59, the school board shall
19.7canvass the returns and declare the results of the election. After the time for contesting
19.8elections has passed, the school district clerk shall issue a certificate of election to each
19.9successful candidate. If there is a contest, the certificate of election to that office must not
19.10be issued until the outcome of the contest has been determined by the proper court. If there
19.11is a tie vote, the school board shall determine the result by lot. The clerk shall deliver the
19.12certificate of election to the successful candidate by personal service or certified mail. The
19.13successful candidate shall file an acceptance and oath of office in writing with the clerk
19.14within 30 days of the date of mailing or personal service. A person who fails to qualify prior
19.15to the time specified shall be deemed to have refused to serve, but that filing may be made
19.16at any time before action to fill the vacancy has been taken. The school district clerk shall
19.17certify the results of the election to the county auditor, and the clerk shall be the final
19.18custodian of the ballots and the returns of the election.
19.19 A school district canvassing board shall perform the duties of the school board according
19.20to the requirements of this subdivision for a recount of a special election conducted under
19.21section 126C.17, subdivision 9, or 475.59.
19.22Sec. 24. PUBLIC AWARENESS CAMPAIGN; SECRETARY OF STATE.
19.23 The secretary of state must conduct a public awareness campaign to encourage people
19.24to register to vote prior to election day. At a minimum, the secretary of state must conduct
19.25the public awareness campaign in each even-numbered year from June 1 until the voter
19.26registration period ends prior to the state general election.
19.27Sec. 25. REPEALER.
19.28 Minnesota Statutes 2024, sections 135A.17, subdivision 2; 201.061, subdivision 7; and
19.29201.121, subdivision 3, are repealed.
19Sec. 25.
REVISOR JFK/NS 25-0185202/18/25 20.1 Sec. 26. EFFECTIVE DATE.
20.2 This act is effective on January 1, 2026, and applies to elections held on or after that
20.3date.
20Sec. 26.
REVISOR JFK/NS 25-0185202/18/25 135A.17 PROVISIONS TO FACILITATE VOTING.
Subd. 2.Residential housing list.All postsecondary institutions that enroll students accepting
federal financial aid may prepare a current list of students enrolled in the institution and residing
in the institution's housing or within ten miles of the institution's campus. All postsecondary
institutions that enroll students accepting state financial aid must, to the extent the information may
be disclosed pursuant to Code of Federal Regulations, title 34, part 99, prepare a current list of
students enrolled in the institution and residing in the institution's housing or in the city or cities in
which the campus is situated, if available. The list shall include each student's current address,
unless the student is enrolled in the Safe at Home address confidentiality program as provided in
chapter 5B. The list shall be certified and sent to the appropriate county auditor or auditors for use
in election day registration as provided under section 201.061, subdivision 3. A residential housing
list provided under this subdivision may not be used or disseminated by a county auditor or the
secretary of state for any other purpose.
201.061 REGISTRATION ON OR BEFORE ELECTION DAY.
Subd. 7.Record of attempted registrations.The election judge responsible for election day
registration shall attempt to keep a record of the number of individuals who attempt to register on
election day but who cannot provide proof of residence as required by this section. The record shall
be forwarded to the county auditor with the election returns for that precinct.
201.121 ENTRY OF NAMES; MAILED NOTICE.
Subd. 3.Postelection sampling.(a) Within ten days after an election, the county auditor shall
send the notice required by subdivision 2 to a random sampling of the individuals registered on
election day. The random sampling shall be determined in accordance with the rules of the secretary
of state. As soon as practicable after the election, the county auditor shall mail the notice required
by subdivision 2 to all other individuals registered on election day. If a notice is returned as not
deliverable, the county auditor shall attempt to determine the reason for the return. A county auditor
who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall
immediately notify the county attorney of all of the relevant information. By February 15 of each
year, the county auditor must notify the secretary of state of the following information for each
election held in the previous year by each precinct:
(1) the total number of all notices that were returned as nondeliverable;
(2) the total number of nondeliverable notices that the county auditor was able to determine the
reason for the return along with the reason for each return; and
(3) the total number of individuals for whom the county auditor does not receive or obtain
satisfactory proof of an individual's eligibility to vote.
(b) By March 1 of every year, the secretary of state shall report to the chair and ranking minority
members of the legislative committees with jurisdiction over elections the following information
for each election held in the previous year by each precinct and each county:
(1) the total number of all notices that were returned as nondeliverable;
(2) the total number of nondeliverable notices that a county auditor was able to determine the
reason for the return along with the reason for each return; and
(3) the total number of individuals for whom the county auditor does not receive or obtain
satisfactory proof of an individual's eligibility to vote.
1R
APPENDIX
Repealed Minnesota Statutes: 25-01852