1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to elections; requiring ballot board activity to be livestreamed; requiring |
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3 | 3 | | 1.3 the commissioner of information technology services to provide livestreaming |
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4 | 4 | | 1.4 services and retain data; classifying data; appropriating money; amending |
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5 | 5 | | 1.5 Minnesota Statutes 2024, section 203B.121, by adding a subdivision; proposing |
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6 | 6 | | 1.6 coding for new law in Minnesota Statutes, chapter 203B. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 203B.121, is amended by adding a subdivision |
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9 | 9 | | 1.9to read: |
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10 | 10 | | 1.10 Subd. 6.Livestreaming.(a) The county auditor, municipal clerk, or school district clerk |
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11 | 11 | | 1.11must ensure that all ballot board activity is livestreamed as provided in this subdivision and |
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12 | 12 | | 1.12section 203B.155. This requirement applies during the absentee voting period, on election |
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13 | 13 | | 1.13day, and on the day following the election day if absentee ballots are being processed. At |
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14 | 14 | | 1.14a minimum, the following activities must be recorded: |
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15 | 15 | | 1.15 (1) examining envelopes and accepting or rejecting envelopes as required under |
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16 | 16 | | 1.16subdivision 2; |
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17 | 17 | | 1.17 (2) opening envelopes and duplicating ballots, if necessary, as required under subdivision |
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18 | 18 | | 1.184; |
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19 | 19 | | 1.19 (3) depositing absentee ballots into a ballot box as required under subdivision 5, paragraph |
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20 | 20 | | 1.20(a); and |
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21 | 21 | | 1.21 (4) counting and tabulating the ballots as required under subdivision 5, paragraph (b). |
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22 | 22 | | 1.22 (b) The county auditor, municipal clerk, or school district clerk must position one or |
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23 | 23 | | 1.23more cameras to record the following: |
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24 | 24 | | 1Section 1. |
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25 | 25 | | REVISOR JFK/AD 25-0222502/17/25 |
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26 | 26 | | State of Minnesota |
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27 | 27 | | This Document can be made available |
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28 | 28 | | in alternative formats upon request |
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29 | 29 | | HOUSE OF REPRESENTATIVES |
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30 | 30 | | H. F. No. 1664 |
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31 | 31 | | NINETY-FOURTH SESSION 2.1 (1) the ballot board members performing the activities described in paragraph (a); |
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32 | 32 | | 2.2 (2) all ballots in the room where the activities in paragraph (a) are taking place; and |
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33 | 33 | | 2.3 (3) all doors in the room where the activities in paragraph (a) are taking place. |
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34 | 34 | | 2.4To the extent possible while complying with clauses (1) to (3), the cameras must be |
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35 | 35 | | 2.5positioned so as to avoid recording private data included on absentee ballot envelopes or |
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36 | 36 | | 2.6other documents. |
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37 | 37 | | 2.7 EFFECTIVE DATE.This section is effective September 1, 2025, and applies to |
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38 | 38 | | 2.8elections conducted on or after that date. |
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39 | 39 | | 2.9 Sec. 2. [203B.155] LIVESTREAMING REQUIREMENTS. |
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40 | 40 | | 2.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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41 | 41 | | 2.11the meanings given. |
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42 | 42 | | 2.12 (b) "Commissioner" means the commissioner of information technology services. |
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43 | 43 | | 2.13 (c) "Department" means the Department of Information Technology Services. |
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44 | 44 | | 2.14 Subd. 2.Livestreaming.(a) Where livestreaming is required by section 203B.121, the |
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45 | 45 | | 2.15commissioner must ensure the livestream is available on the department's website in a |
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46 | 46 | | 2.16manner that allows members of the public to easily access and view the livestream. The |
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47 | 47 | | 2.17commissioner must record all livestreamed video and retain the recording for at least 22 |
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48 | 48 | | 2.18months after the date of the recording. Notwithstanding chapter 13 or any other law to the |
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49 | 49 | | 2.19contrary, the county auditor, city clerk, or school board clerk is not required to maintain |
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50 | 50 | | 2.20any livestreamed or recorded data or provide access to the data. The commissioner must |
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51 | 51 | | 2.21not charge any fee to the public or to the county, municipality, or school district for providing |
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52 | 52 | | 2.22this service. |
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53 | 53 | | 2.23 (b) The secretary of state must include information on the office's website on how to |
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54 | 54 | | 2.24find and access videos on the department's website. Each county auditor, municipal clerk, |
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55 | 55 | | 2.25and school district clerk must post the same information on their respective local |
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56 | 56 | | 2.26government's website, if there is one. |
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57 | 57 | | 2.27 Subd. 3.Data.The commissioner must retain video recordings of livestreamed activities |
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58 | 58 | | 2.28required in section 203B.121, as provided by this section. The recordings are public data, |
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59 | 59 | | 2.29except that the commissioner may obscure private data on individuals that is visible on a |
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60 | 60 | | 2.30recording. |
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61 | 61 | | 2.31 Subd. 4.Livestream disruptions.If a livestream is disrupted or disabled, the |
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62 | 62 | | 2.32commissioner, county auditor, municipal clerk, or school district clerk is not liable if the |
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63 | 63 | | 2Sec. 2. |
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64 | 64 | | REVISOR JFK/AD 25-0222502/17/25 3.1disruption is due to a cause outside of the control of the commissioner, county auditor, |
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65 | 65 | | 3.2municipal clerk, or school district clerk. If there is a disruption, the commissioner must |
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66 | 66 | | 3.3work with the county auditor, municipal clerk, or school district clerk to reinstate video |
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67 | 67 | | 3.4coverage as soon as possible. If appointed ballot board observers are present and there is a |
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68 | 68 | | 3.5disruption in livestreaming, the activities of the ballot board may continue. If appointed |
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69 | 69 | | 3.6ballot board observers are not present and there is a disruption in livestreaming, the ballot |
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70 | 70 | | 3.7board must stop all activities until one of the following occurs: |
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71 | 71 | | 3.8 (1) the livestream is reinstated; |
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72 | 72 | | 3.9 (2) ballot board observers are present; or |
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73 | 73 | | 3.10 (3) the county auditor, municipal clerk, or school district clerk arranges the activities to |
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74 | 74 | | 3.11be recorded in a manner that substantially complies with the requirements of this section |
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75 | 75 | | 3.12and section 203B.121, subdivision 6. |
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76 | 76 | | 3.13Within 24 hours of the livestream being reinstated, the county auditor, municipal clerk, or |
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77 | 77 | | 3.14school district clerk must transmit any recordings made pursuant to clause (3) to the |
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78 | 78 | | 3.15commissioner to be posted on the department's website. |
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79 | 79 | | 3.16 EFFECTIVE DATE.This section is effective September 1, 2025, and applies to |
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80 | 80 | | 3.17elections conducted on or after that date. |
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81 | 81 | | 3.18 Sec. 3. APPROPRIATION. |
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82 | 82 | | 3.19 $....... in fiscal year 2026 is appropriated to the commissioner of information technology |
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83 | 83 | | 3.20services to implement the requirements of this act. The base for this appropriation in fiscal |
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84 | 84 | | 3.21year 2027 and each fiscal year thereafter is $........ |
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85 | 85 | | 3Sec. 3. |
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86 | 86 | | REVISOR JFK/AD 25-0222502/17/25 |
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