Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1664 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to elections; requiring ballot board activity to be livestreamed; requiring​
33 1.3 the commissioner of information technology services to provide livestreaming​
44 1.4 services and retain data; classifying data; appropriating money; amending​
55 1.5 Minnesota Statutes 2024, section 203B.121, by adding a subdivision; proposing​
66 1.6 coding for new law in Minnesota Statutes, chapter 203B.​
77 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
88 1.8 Section 1. Minnesota Statutes 2024, section 203B.121, is amended by adding a subdivision​
99 1.9to read:​
1010 1.10 Subd. 6.Livestreaming.(a) The county auditor, municipal clerk, or school district clerk​
1111 1.11must ensure that all ballot board activity is livestreamed as provided in this subdivision and​
1212 1.12section 203B.155. This requirement applies during the absentee voting period, on election​
1313 1.13day, and on the day following the election day if absentee ballots are being processed. At​
1414 1.14a minimum, the following activities must be recorded:​
1515 1.15 (1) examining envelopes and accepting or rejecting envelopes as required under​
1616 1.16subdivision 2;​
1717 1.17 (2) opening envelopes and duplicating ballots, if necessary, as required under subdivision​
1818 1.184;​
1919 1.19 (3) depositing absentee ballots into a ballot box as required under subdivision 5, paragraph​
2020 1.20(a); and​
2121 1.21 (4) counting and tabulating the ballots as required under subdivision 5, paragraph (b).​
2222 1.22 (b) The county auditor, municipal clerk, or school district clerk must position one or​
2323 1.23more cameras to record the following:​
2424 1​Section 1.​
2525 REVISOR JFK/AD 25-02225​02/17/25 ​
2626 State of Minnesota​
2727 This Document can be made available​
2828 in alternative formats upon request​
2929 HOUSE OF REPRESENTATIVES​
3030 H. F. No. 1664​
3131 NINETY-FOURTH SESSION​ 2.1 (1) the ballot board members performing the activities described in paragraph (a);​
3232 2.2 (2) all ballots in the room where the activities in paragraph (a) are taking place; and​
3333 2.3 (3) all doors in the room where the activities in paragraph (a) are taking place.​
3434 2.4To the extent possible while complying with clauses (1) to (3), the cameras must be​
3535 2.5positioned so as to avoid recording private data included on absentee ballot envelopes or​
3636 2.6other documents.​
3737 2.7 EFFECTIVE DATE.This section is effective September 1, 2025, and applies to​
3838 2.8elections conducted on or after that date.​
3939 2.9 Sec. 2. [203B.155] LIVESTREAMING REQUIREMENTS.​
4040 2.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
4141 2.11the meanings given.​
4242 2.12 (b) "Commissioner" means the commissioner of information technology services.​
4343 2.13 (c) "Department" means the Department of Information Technology Services.​
4444 2.14 Subd. 2.Livestreaming.(a) Where livestreaming is required by section 203B.121, the​
4545 2.15commissioner must ensure the livestream is available on the department's website in a​
4646 2.16manner that allows members of the public to easily access and view the livestream. The​
4747 2.17commissioner must record all livestreamed video and retain the recording for at least 22​
4848 2.18months after the date of the recording. Notwithstanding chapter 13 or any other law to the​
4949 2.19contrary, the county auditor, city clerk, or school board clerk is not required to maintain​
5050 2.20any livestreamed or recorded data or provide access to the data. The commissioner must​
5151 2.21not charge any fee to the public or to the county, municipality, or school district for providing​
5252 2.22this service.​
5353 2.23 (b) The secretary of state must include information on the office's website on how to​
5454 2.24find and access videos on the department's website. Each county auditor, municipal clerk,​
5555 2.25and school district clerk must post the same information on their respective local​
5656 2.26government's website, if there is one.​
5757 2.27 Subd. 3.Data.The commissioner must retain video recordings of livestreamed activities​
5858 2.28required in section 203B.121, as provided by this section. The recordings are public data,​
5959 2.29except that the commissioner may obscure private data on individuals that is visible on a​
6060 2.30recording.​
6161 2.31 Subd. 4.Livestream disruptions.If a livestream is disrupted or disabled, the​
6262 2.32commissioner, county auditor, municipal clerk, or school district clerk is not liable if the​
6363 2​Sec. 2.​
6464 REVISOR JFK/AD 25-02225​02/17/25 ​ 3.1disruption is due to a cause outside of the control of the commissioner, county auditor,​
6565 3.2municipal clerk, or school district clerk. If there is a disruption, the commissioner must​
6666 3.3work with the county auditor, municipal clerk, or school district clerk to reinstate video​
6767 3.4coverage as soon as possible. If appointed ballot board observers are present and there is a​
6868 3.5disruption in livestreaming, the activities of the ballot board may continue. If appointed​
6969 3.6ballot board observers are not present and there is a disruption in livestreaming, the ballot​
7070 3.7board must stop all activities until one of the following occurs:​
7171 3.8 (1) the livestream is reinstated;​
7272 3.9 (2) ballot board observers are present; or​
7373 3.10 (3) the county auditor, municipal clerk, or school district clerk arranges the activities to​
7474 3.11be recorded in a manner that substantially complies with the requirements of this section​
7575 3.12and section 203B.121, subdivision 6.​
7676 3.13Within 24 hours of the livestream being reinstated, the county auditor, municipal clerk, or​
7777 3.14school district clerk must transmit any recordings made pursuant to clause (3) to the​
7878 3.15commissioner to be posted on the department's website.​
7979 3.16 EFFECTIVE DATE.This section is effective September 1, 2025, and applies to​
8080 3.17elections conducted on or after that date.​
8181 3.18 Sec. 3. APPROPRIATION.​
8282 3.19 $....... in fiscal year 2026 is appropriated to the commissioner of information technology​
8383 3.20services to implement the requirements of this act. The base for this appropriation in fiscal​
8484 3.21year 2027 and each fiscal year thereafter is $........​
8585 3​Sec. 3.​
8686 REVISOR JFK/AD 25-02225​02/17/25 ​