193 | | - | 6.21 Sec. 7. Minnesota Statutes 2024, section 203B.121, subdivision 1, is amended to read: |
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194 | | - | 6.22 Subdivision 1.Establishment; applicable laws.(a) The governing body of each county, |
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195 | | - | 6.23municipality, and school district with responsibility to accept and reject absentee ballots or |
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196 | | - | 6.24to administer early voting must, by ordinance or resolution, establish a ballot board. The |
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197 | | - | 6.25board must consist of a sufficient number of election judges appointed as provided in sections |
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198 | | - | 6.26204B.19 to 204B.22. The board may include deputy county auditors or deputy city clerks |
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199 | | - | 6.27who have received training in the processing and counting of absentee ballots. Each member |
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200 | | - | 6.28of the ballot board must be provided adequate training on the processing and counting of |
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201 | | - | 6.29absentee ballots, including but not limited to instruction on accepting and rejecting absentee |
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202 | | - | 6.30ballots, storage of absentee ballots, timelines and deadlines, the role of the ballot board, |
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203 | | - | 6.31procedures for opening absentee ballot envelopes, procedures for counting absentee ballots, |
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204 | | - | 6.32and procedures for reporting absentee ballot totals. |
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205 | | - | 6Sec. 7. |
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206 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 7.1 (b) Each jurisdiction must pay a reasonable compensation to each member of that |
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207 | | - | 7.2jurisdiction's ballot board for services rendered during an election. The names and job title |
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208 | | - | 7.3of all members of a ballot board are public information and must be provided to a requestor |
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209 | | - | 7.4within five business days of a request. |
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210 | | - | 7.5 (c) Except as otherwise provided by this section, all provisions of the Minnesota Election |
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211 | | - | 7.6Law apply to a ballot board. |
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212 | | - | 7.7 Sec. 8. Minnesota Statutes 2024, section 203B.23, subdivision 1, is amended to read: |
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213 | | - | 7.8 Subdivision 1.Establishment.The county auditor must establish an absentee ballot |
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214 | | - | 7.9board for ballots issued under sections 203B.16 to 203B.27. The board may consist of staff |
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215 | | - | 7.10trained as election judges, in which case, the board is exempt from Sections 204B.19, |
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216 | | - | 7.11subdivision 5, and 204C.15, relating to party balance in appointment of judges and to duties |
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217 | | - | 7.12to be performed by judges of different major political parties, apply to the makeup of an |
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218 | | - | 7.13absentee ballot board. |
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219 | | - | 7.14 Sec. 9. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read: |
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220 | | - | 7.15 Subd. 1b.Address, electronic mail address, and telephone number.(a) An affidavit |
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221 | | - | 7.16of candidacy must state a telephone number where the candidate can be contacted. An |
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222 | | - | 7.17affidavit must also state the candidate's or campaign's nongovernment issued electronic |
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223 | | - | 7.18mail address or an attestation that the candidate and the candidate's campaign do not possess |
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224 | | - | 7.19an electronic mail address. An affidavit must also state the candidate's current address of |
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225 | | - | 7.20residence as determined under section 200.031, or at the candidate's request in accordance |
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226 | | - | 7.21with paragraph (c), the candidate's campaign contact address and include a statement, signed |
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227 | | - | 7.22under oath by at least two residents of the district who are not related to the candidate, |
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228 | | - | 7.23attesting to their personal knowledge that the candidate resides at the address identified in |
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229 | | - | 7.24the affidavit. When filing the affidavit, the candidate must present the filing officer with |
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230 | | - | 7.25the candidate's valid driver's license or state identification card that contains the candidate's |
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231 | | - | 7.26current address of residence, or documentation of proof of residence authorized for election |
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232 | | - | 7.27day registration in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item |
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233 | | - | 7.28(ii); or paragraph (d). If the address on the affidavit and the documentation do not match, |
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234 | | - | 7.29the filing officer must not accept the affidavit. The form for the affidavit of candidacy must |
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235 | | - | 7.30allow the candidate to request, if eligible, that the candidate's address of residence be |
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236 | | - | 7.31classified as private data, and to provide the certification required under paragraph (c) for |
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237 | | - | 7.32classification of that address. |
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238 | | - | 7Sec. 9. |
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239 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 8.1 (b) If an affidavit for an office where a residency requirement must be satisfied by the |
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240 | | - | 8.2close of the filing period is filed as provided by paragraph (c), the filing officer must, within |
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241 | | - | 8.3one business day of receiving the filing, determine whether the address provided in the |
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242 | | - | 8.4affidavit of candidacy is within the area represented by the office the candidate is seeking. |
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243 | | - | 8.5For all other candidates who filed for an office whose residency requirement must be satisfied |
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244 | | - | 8.6by the close of the filing period, a registered voter in this state may request in writing that |
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245 | | - | 8.7the filing officer receiving the affidavit of candidacy review the address as provided in this |
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246 | | - | 8.8paragraph, at any time up to one day after the last day for filing for office. If requested, the |
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247 | | - | 8.9filing officer must determine whether the address provided in the affidavit of candidacy is |
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248 | | - | 8.10within the area represented by the office the candidate is seeking. If the filing officer |
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249 | | - | 8.11determines that the address is not within the area represented by the office, the filing officer |
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250 | | - | 8.12must immediately notify the candidate and the candidate's name must be removed from the |
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251 | | - | 8.13ballot for that office. A determination made by a filing officer under this paragraph is subject |
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252 | | - | 8.14to judicial review under section 204B.44. |
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253 | | - | 8.15 (c) If the candidate requests that the candidate's address of residence be classified as |
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254 | | - | 8.16private data, the candidate must list the candidate's address of residence on a separate form |
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255 | | - | 8.17to be attached to the affidavit. The candidate must also certify on the affidavit that either: |
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256 | | - | 8.18(1) a police report has been submitted, an order for protection has been issued, or the |
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257 | | - | 8.19candidate has a reasonable fear in regard to the safety of the candidate or the candidate's |
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258 | | - | 8.20family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The |
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259 | | - | 8.21address of residence provided by a candidate who makes a request for classification on the |
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260 | | - | 8.22candidate's affidavit of candidacy and provides the certification required by this paragraph |
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261 | | - | 8.23is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed |
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262 | | - | 8.24by the filing officer as provided in this subdivision. |
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263 | | - | 8.25 (d) The requirements of this subdivision do not apply to affidavits of candidacy for a |
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264 | | - | 8.26candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff. |
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265 | | - | 8.27 (e) A candidate or other signatory who willfully makes a false statement on an affidavit |
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266 | | - | 8.28of candidacy may be subject to 90 days imprisonment, a $10,000 fine, or both. |
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267 | | - | 8.29 EFFECTIVE DATE.This section is effective the day following final enactment and |
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268 | | - | 8.30applies to affidavits of candidacy submitted during filing periods beginning on or after that |
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269 | | - | 8.31date. |
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270 | | - | 8.32 Sec. 10. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read: |
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271 | | - | 8.33 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute |
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272 | | - | 8.34at least one election precinct: |
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273 | | - | 8Sec. 10. |
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274 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 9.1 (1) each city ward; and |
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275 | | - | 9.2 (2) each town and each statutory city. |
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276 | | - | 9.3 (b) A single, accessible, combined polling place may be established no later than |
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277 | | - | 9.4November 1 if a presidential nomination primary is scheduled to occur in the following |
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278 | | - | 9.5year or May 1 of any other year: |
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279 | | - | 9.6 (1) for any city of the third or fourth class, any town, or any city having territory in more |
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280 | | - | 9.7than one county, in which all the voters of the city or town shall cast their ballots; |
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281 | | - | 9.8 (2) for contiguous precincts in the same municipality; |
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282 | | - | 9.9 (3) for up to four contiguous municipalities located entirely outside the metropolitan |
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283 | | - | 9.10area, as defined by section 200.02, subdivision 24, that are contained in the same county; |
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284 | | - | 9.11or |
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285 | | - | 9.12 (4) for noncontiguous precincts located in one or more counties. |
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286 | | - | 9.13 Subject to the requirements of paragraph (c), a single, accessible, combined polling place |
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287 | | - | 9.14may be established after May 1 of any year in the event of an emergency. |
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288 | | - | 9.15 A copy of the ordinance or resolution establishing a combined polling place must be |
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289 | | - | 9.16filed with the county auditor within 30 days after approval by the governing body, and the |
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290 | | - | 9.17county auditor must provide notice within ten days to the secretary of state, in a manner |
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291 | | - | 9.18and including information prescribed by the secretary of state. A polling place combined |
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292 | | - | 9.19under clause (3) must be approved by the governing body of each participating municipality. |
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293 | | - | 9.20A polling place combined under clause (4) must be approved by the governing body of each |
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294 | | - | 9.21participating municipality and the secretary of state and may be located outside any of the |
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295 | | - | 9.22noncontiguous precincts. A municipality withdrawing from participation in a combined |
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296 | | - | 9.23polling place must do so by filing a resolution of withdrawal with the county auditor no |
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297 | | - | 9.24later than October 1 if a presidential nomination primary is scheduled to occur in the |
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298 | | - | 9.25following year or April 1 of any other year, and the county auditor must provide notice |
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299 | | - | 9.26within ten days to the secretary of state, in a manner and including information prescribed |
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300 | | - | 9.27by the secretary of state. |
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301 | | - | 9.28 The secretary of state shall provide a separate polling place roster for each precinct |
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302 | | - | 9.29served by the combined polling place, except that in a precinct that uses electronic rosters |
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303 | | - | 9.30the secretary of state shall provide separate data files for each precinct. The secretary of |
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304 | | - | 9.31state and county auditor must provide guidance to the election judges serving in a combined |
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305 | | - | 9.32polling place on the procedures to be used to ensure each voter is provided the correct ballot |
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306 | | - | 9.33for that voter's precinct. A single set of election judges may be appointed to serve at a |
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307 | | - | 9Sec. 10. |
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308 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 10.1combined polling place. The number of election judges required must be based on the total |
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309 | | - | 10.2number of persons voting at the last similar election in all precincts to be voting at the |
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310 | | - | 10.3combined polling place. Separate ballot boxes must be provided for the ballots from each |
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311 | | - | 10.4precinct. The results of the election must be reported separately for each precinct served by |
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312 | | - | 10.5the combined polling place, except in a polling place established under clause (2) where |
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313 | | - | 10.6one of the precincts has fewer than ten registered voters, in which case the results of that |
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314 | | - | 10.7precinct must be reported in the manner specified by the secretary of state. In addition to |
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315 | | - | 10.8other required informational material and notices, a map showing the precincts served by |
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316 | | - | 10.9the combined polling place, along with a notice that multiple ballot styles are in use, must |
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317 | | - | 10.10be prominently displayed near the entrance to the combined polling place. |
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318 | | - | 10.11 (c) If a local elections official determines that an emergency situation preventing the |
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319 | | - | 10.12safe, secure, and full operation of a polling place on election day has occurred or is imminent, |
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320 | | - | 10.13the local elections official may combine two or more polling places for that election pursuant |
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321 | | - | 10.14to this subdivision. To the extent possible, the polling places must be combined and the |
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322 | | - | 10.15election conducted according to the requirements of paragraph (b), except that: |
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323 | | - | 10.16 (1) polling places may be combined after May 1 and until the polls close on election |
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324 | | - | 10.17day; |
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325 | | - | 10.18 (2) any city or town, regardless of size or location, may establish a combined polling |
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326 | | - | 10.19place under this paragraph; |
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327 | | - | 10.20 (3) the governing body is not required to adopt an ordinance or resolution to establish |
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328 | | - | 10.21the combined polling place; |
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329 | | - | 10.22 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved |
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330 | | - | 10.23by the local election official of each participating municipality; |
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331 | | - | 10.24 (5) the local elections official must immediately notify the county auditor and the |
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332 | | - | 10.25secretary of state of the combination, including the reason for the emergency combination |
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333 | | - | 10.26and the location of the combined polling place. As soon as possible, the local elections |
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334 | | - | 10.27official must also post a notice stating the reason for the combination and the location of |
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335 | | - | 10.28the combined polling place. The notice must also be posted on the governing board's website, |
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336 | | - | 10.29if one exists. The local elections official must also notify the election judges and request |
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337 | | - | 10.30that local media outlets publicly announce the reason for the combination and the location |
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338 | | - | 10.31of the combined polling place; and |
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339 | | - | 10.32 (6) on election day, the local elections official must post a notice in large print in a |
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340 | | - | 10.33conspicuous place at the polling place where the emergency occurred, if practical, stating |
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341 | | - | 10.34the location of the combined polling place. The local election official must also post the |
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342 | | - | 10Sec. 10. |
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343 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 11.1notice, if practical, in a location visible by voters who vote from their motor vehicles as |
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344 | | - | 11.2provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to |
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345 | | - | 11.3section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph |
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346 | | - | 11.4must include a statement that the polling place hours at the combined polling place will be |
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347 | | - | 11.5extended until the specified time. |
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348 | | - | 11.6 Sec. 11. Minnesota Statutes 2024, section 204B.19, subdivision 5, is amended to read: |
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349 | | - | 11.7 Subd. 5.Party balance requirement.No more than half of the election judges in a |
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350 | | - | 11.8precinct, or at any location where ballots are being counted, recounted, or reviewed, may |
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351 | | - | 11.9be members of the same major political party unless the election board consists of an odd |
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352 | | - | 11.10number of election judges, in which case the number of election judges who are members |
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353 | | - | 11.11of the same major political party may be one more than half the number of election judges |
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354 | | - | 11.12in that precinct. Each major political party must be represented by at least one election judge |
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355 | | - | 11.13in each precinct. |
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356 | | - | 11.14Sec. 12. Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read: |
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357 | | - | 11.15 Subdivision 1.Appointment lists; duties of political parties and secretary of state.On |
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358 | | - | 11.16May 1 in a year in which there is an election for a partisan political office, each major |
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359 | | - | 11.17political party shall prepare a list of eligible voters to act as election judges in each election |
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360 | | - | 11.18precinct. The list provided by the party must indicate which eligible voters are willing to |
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361 | | - | 11.19travel to a precinct outside of their home jurisdiction to act as an election judge, and the |
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362 | | - | 11.20jurisdictions to which each eligible voter is willing to travel for that purpose. The list may |
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363 | | - | 11.21also designate certain eligible voters as available to serve as alternates, to be appointed in |
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364 | | - | 11.22the event of unexpected vacancies or if all positions representing that party affiliation are |
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365 | | - | 11.23not able to be filled. The political parties shall furnish the lists electronically to the secretary |
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366 | | - | 11.24of state, in a format specified by the secretary of state. The secretary of state must combine |
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367 | | - | 11.25the data received from each political party under this subdivision and must process the data |
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368 | | - | 11.26to locate the precinct in which the address provided for each potential election judge is |
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369 | | - | 11.27located. If the data submitted by a political party is insufficient for the secretary of state to |
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370 | | - | 11.28locate the proper precinct, the associated name must not appear in any list forwarded to an |
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371 | | - | 11.29appointing authority under this subdivision. The secretary of state shall notify political |
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372 | | - | 11.30parties of any proposed election judges with addresses that could not be located in a precinct. |
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373 | | - | 11.31 By May 15, the secretary of state shall furnish electronically to the county auditor a list |
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374 | | - | 11.32of the appropriate names for each election precinct in the jurisdiction of the appointing |
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375 | | - | 11.33authority, and a list of the names of individuals residing outside of the jurisdiction who |
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376 | | - | 11Sec. 12. |
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377 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 12.1indicated a willingness to travel to that jurisdiction to act as an election judge, noting the |
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378 | | - | 12.2political party affiliation of each individual on the list. The county auditor must promptly |
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379 | | - | 12.3forward the appropriate names to the appropriate municipal clerk. The county auditor or |
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380 | | - | 12.4municipal clerk must notify the secretary of state if there are not a sufficient number of |
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381 | | - | 12.5election judges affiliated with a political party to meet the party balance requirements of |
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382 | | - | 12.6each precinct in the auditor or clerk's jurisdiction. The secretary of state must forward the |
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383 | | - | 12.7notification to the designated representatives of that party and request that the party provide |
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384 | | - | 12.8further names, to the extent practicable. |
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385 | | - | 12.9 The secretary of state must provide a form that may be used by a political party to recruit |
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386 | | - | 12.10individuals willing to serve as election judges. The form must allow an interested individual |
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387 | | - | 12.11to indicate a willingness to travel to a precinct outside of the individual's home jurisdiction, |
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388 | | - | 12.12or to serve as a member of an absentee ballot board. |
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389 | | - | 12.13Sec. 13. Minnesota Statutes 2024, section 204B.21, is amended by adding a subdivision |
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390 | | - | 12.14to read: |
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391 | | - | 12.15 Subd. 4.Election judge major party affiliation; data classification.(a) Each appointing |
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392 | | - | 12.16authority must maintain a list of all election judges that indicates the major political party |
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393 | | - | 12.17affiliation of each election judge or a statement that the judge does not affiliate with a major |
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394 | | - | 12.18political party. A list created under this paragraph is public data on individuals. |
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395 | | - | 12.19 (b) The lists described in subdivisions 1 and 2 are not public data on individuals. |
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396 | | - | 12.20Sec. 14. Minnesota Statutes 2024, section 204B.25, subdivision 1, is amended to read: |
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397 | | - | 12.21 Subdivision 1.Duties of county auditor.Each county auditor shall provide training for |
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398 | | - | 12.22all election judges who are appointed to serve at any election to be held in the county. The |
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399 | | - | 12.23county auditor shall also provide a procedure for emergency training of election judges |
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400 | | - | 12.24elected to fill vacancies. The county auditor may delegate to a municipal election official |
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401 | | - | 12.25the duty to provide training of election judges in that municipality or school district. The |
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402 | | - | 12.26training must be consistent with the training programs established by the secretary of state |
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403 | | - | 12.27under subdivision 2. |
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404 | | - | 12.28Sec. 15. Minnesota Statutes 2024, section 204B.27, subdivision 2, is amended to read: |
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405 | | - | 12.29 Subd. 2.Election law and instructions.The secretary of state shall prepare and publish |
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406 | | - | 12.30a volume containing all state general laws relating to elections. The attorney general shall |
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407 | | - | 12.31provide annotations to the secretary of state for this volume. On or before August 1 of every |
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408 | | - | 12.32odd-numbered year the secretary of state shall furnish to the county auditors and municipal |
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409 | | - | 12Sec. 15. |
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410 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 13.1clerks enough copies of this volume so that each county auditor and municipal clerk will |
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411 | | - | 13.2have at least one copy. On or before July 1 of every even-numbered year, the secretary of |
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412 | | - | 13.3state shall prepare and make an electronic copy available on the office's website. The |
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413 | | - | 13.4secretary of state may must prepare and transmit to the county auditors and municipal clerks |
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414 | | - | 13.5detailed written instructions for complying with election laws relating to the conduct of |
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415 | | - | 13.6elections, conduct of voter registration and voting procedures the Minnesota Election Law. |
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416 | | - | 13.7The materials must be kept up to date and include all requirements of the applicable laws |
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417 | | - | 13.8related to the conduct of elections, conduct of voter registration, and voting procedures. |
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418 | | - | 13.9 Sec. 16. Minnesota Statutes 2024, section 204B.27, is amended by adding a subdivision |
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419 | | - | 13.10to read: |
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420 | | - | 13.11 Subd. 8a.Election judge advice telephone line.The secretary of state shall provide a |
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421 | | - | 13.12dedicated telephone line for use by election judges on each election day. The line must be |
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422 | | - | 13.13available for election judges to seek advice and to clarify procedures. The secretary of state |
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423 | | - | 13.14must maintain a log of calls received and the advice given to each election judge caller. |
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424 | | - | 13.15Sec. 17. Minnesota Statutes 2024, section 204B.40, is amended to read: |
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425 | | - | 13.16 204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; |
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426 | | - | 13.17DISPOSITION; INSPECTION OF BALLOTS. |
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427 | | - | 13.18 (a) The county auditors, municipal clerks, and school district clerks shall retain all |
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428 | | - | 13.19election materials returned to them after any election, along with any other election materials |
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429 | | - | 13.20used in conducting the election, including but not limited to registration forms, and absentee |
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430 | | - | 13.21ballot envelopes, for at least 22 months from the date of that election. All records and |
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431 | | - | 13.22materials must be stored in a locked container or other secured and locked space. All election |
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432 | | - | 13.23materials involved in a contested election must be retained for 22 months or until the contest |
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433 | | - | 13.24has been finally determined, whichever is later. Abstracts filed by canvassing boards shall |
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434 | | - | 13.25be retained permanently by any officer with whom those abstracts are filed. Election materials |
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435 | | - | 13.26no longer required to be retained pursuant to this section shall be disposed of in accordance |
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436 | | - | 13.27with sections 138.163 to 138.21. Sealed envelopes containing voted ballots must be retained |
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437 | | - | 13.28unopened, except as provided in this section, in a secure location. The county auditor, |
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438 | | - | 13.29municipal clerk, or school district clerk shall not permit any voted ballots to be tampered |
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439 | | - | 13.30with or defaced. |
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440 | | - | 13.31 (b) After the time for filing a notice of contest for an election has passed, the secretary |
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441 | | - | 13.32of state may, for the purpose of monitoring and evaluating election procedures: (1) open |
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442 | | - | 13.33the sealed ballot envelopes and inspect the ballots for that election maintained by the county |
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| 191 | + | 6.21 Sec. 7. Minnesota Statutes 2024, section 203B.23, subdivision 1, is amended to read: |
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| 192 | + | 6.22 Subdivision 1.Establishment.The county auditor must establish an absentee ballot |
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| 193 | + | 6.23board for ballots issued under sections 203B.16 to 203B.27. The board may consist of staff |
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| 194 | + | 6.24trained as election judges, in which case, the board is exempt from Sections 204B.19, |
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| 195 | + | 6.25subdivision 5, and 204C.15, relating to party balance in appointment of judges and to duties |
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| 196 | + | 6.26to be performed by judges of different major political parties, apply to the makeup of an |
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| 197 | + | 6.27absentee ballot board. |
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| 198 | + | 6.28 Sec. 8. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read: |
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| 199 | + | 6.29 Subd. 1b.Address, electronic mail address, and telephone number.(a) An affidavit |
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| 200 | + | 6.30of candidacy must state a telephone number where the candidate can be contacted. An |
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| 201 | + | 6.31affidavit must also state the candidate's or campaign's nongovernment issued electronic |
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| 202 | + | 6.32mail address or an attestation that the candidate and the candidate's campaign do not possess |
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| 203 | + | 6Sec. 8. |
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| 204 | + | REVISOR JFK/ES 25-0425702/24/25 7.1an electronic mail address. An affidavit must also state the candidate's current address of |
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| 205 | + | 7.2residence as determined under section 200.031, or at the candidate's request in accordance |
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| 206 | + | 7.3with paragraph (c), the candidate's campaign contact address and include a statement, signed |
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| 207 | + | 7.4under oath by at least two residents of the district who are not related to the candidate, |
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| 208 | + | 7.5attesting to their personal knowledge that the candidate resides at the address identified in |
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| 209 | + | 7.6the affidavit. When filing the affidavit, the candidate must present the filing officer with |
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| 210 | + | 7.7the candidate's valid driver's license or state identification card that contains the candidate's |
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| 211 | + | 7.8current address of residence, or documentation of proof of residence authorized for election |
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| 212 | + | 7.9day registration in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item |
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| 213 | + | 7.10(ii); or paragraph (d). If the address on the affidavit and the documentation do not match, |
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| 214 | + | 7.11the filing officer must not accept the affidavit. The form for the affidavit of candidacy must |
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| 215 | + | 7.12allow the candidate to request, if eligible, that the candidate's address of residence be |
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| 216 | + | 7.13classified as private data, and to provide the certification required under paragraph (c) for |
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| 217 | + | 7.14classification of that address. |
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| 218 | + | 7.15 (b) If an affidavit for an office where a residency requirement must be satisfied by the |
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| 219 | + | 7.16close of the filing period is filed as provided by paragraph (c), the filing officer must, within |
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| 220 | + | 7.17one business day of receiving the filing, determine whether the address provided in the |
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| 221 | + | 7.18affidavit of candidacy is within the area represented by the office the candidate is seeking. |
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| 222 | + | 7.19For all other candidates who filed for an office whose residency requirement must be satisfied |
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| 223 | + | 7.20by the close of the filing period, a registered voter in this state may request in writing that |
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| 224 | + | 7.21the filing officer receiving the affidavit of candidacy review the address as provided in this |
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| 225 | + | 7.22paragraph, at any time up to one day after the last day for filing for office. If requested, the |
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| 226 | + | 7.23filing officer must determine whether the address provided in the affidavit of candidacy is |
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| 227 | + | 7.24within the area represented by the office the candidate is seeking. If the filing officer |
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| 228 | + | 7.25determines that the address is not within the area represented by the office, the filing officer |
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| 229 | + | 7.26must immediately notify the candidate and the candidate's name must be removed from the |
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| 230 | + | 7.27ballot for that office. A determination made by a filing officer under this paragraph is subject |
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| 231 | + | 7.28to judicial review under section 204B.44. |
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| 232 | + | 7.29 (c) If the candidate requests that the candidate's address of residence be classified as |
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| 233 | + | 7.30private data, the candidate must list the candidate's address of residence on a separate form |
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| 234 | + | 7.31to be attached to the affidavit. The candidate must also certify on the affidavit that either: |
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| 235 | + | 7.32(1) a police report has been submitted, an order for protection has been issued, or the |
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| 236 | + | 7.33candidate has a reasonable fear in regard to the safety of the candidate or the candidate's |
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| 237 | + | 7.34family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The |
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| 238 | + | 7.35address of residence provided by a candidate who makes a request for classification on the |
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| 239 | + | 7Sec. 8. |
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| 240 | + | REVISOR JFK/ES 25-0425702/24/25 8.1candidate's affidavit of candidacy and provides the certification required by this paragraph |
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| 241 | + | 8.2is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed |
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| 242 | + | 8.3by the filing officer as provided in this subdivision. |
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| 243 | + | 8.4 (d) The requirements of this subdivision do not apply to affidavits of candidacy for a |
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| 244 | + | 8.5candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff. |
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| 245 | + | 8.6 (e) A candidate or other signatory who willfully makes a false statement on an affidavit |
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| 246 | + | 8.7of candidacy may be subject to 90 days imprisonment, a $10,000 fine, or both. |
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| 247 | + | 8.8 EFFECTIVE DATE.This section is effective the day following final enactment and |
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| 248 | + | 8.9applies to affidavits of candidacy submitted during filing periods beginning on or after that |
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| 249 | + | 8.10date. |
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| 250 | + | 8.11 Sec. 9. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read: |
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| 251 | + | 8.12 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute |
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| 252 | + | 8.13at least one election precinct: |
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| 253 | + | 8.14 (1) each city ward; and |
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| 254 | + | 8.15 (2) each town and each statutory city. |
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| 255 | + | 8.16 (b) A single, accessible, combined polling place may be established no later than |
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| 256 | + | 8.17November 1 if a presidential nomination primary is scheduled to occur in the following |
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| 257 | + | 8.18year or May 1 of any other year: |
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| 258 | + | 8.19 (1) for any city of the third or fourth class, any town, or any city having territory in more |
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| 259 | + | 8.20than one county, in which all the voters of the city or town shall cast their ballots; |
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| 260 | + | 8.21 (2) for contiguous precincts in the same municipality; |
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| 261 | + | 8.22 (3) for up to four contiguous municipalities located entirely outside the metropolitan |
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| 262 | + | 8.23area, as defined by section 200.02, subdivision 24, that are contained in the same county; |
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| 263 | + | 8.24or |
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| 264 | + | 8.25 (4) for noncontiguous precincts located in one or more counties. |
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| 265 | + | 8.26 Subject to the requirements of paragraph (c), a single, accessible, combined polling place |
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| 266 | + | 8.27may be established after May 1 of any year in the event of an emergency. |
---|
| 267 | + | 8.28 A copy of the ordinance or resolution establishing a combined polling place must be |
---|
| 268 | + | 8.29filed with the county auditor within 30 days after approval by the governing body, and the |
---|
| 269 | + | 8.30county auditor must provide notice within ten days to the secretary of state, in a manner |
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| 270 | + | 8.31and including information prescribed by the secretary of state. A polling place combined |
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| 271 | + | 8Sec. 9. |
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| 272 | + | REVISOR JFK/ES 25-0425702/24/25 9.1under clause (3) must be approved by the governing body of each participating municipality. |
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| 273 | + | 9.2A polling place combined under clause (4) must be approved by the governing body of each |
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| 274 | + | 9.3participating municipality and the secretary of state and may be located outside any of the |
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| 275 | + | 9.4noncontiguous precincts. A municipality withdrawing from participation in a combined |
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| 276 | + | 9.5polling place must do so by filing a resolution of withdrawal with the county auditor no |
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| 277 | + | 9.6later than October 1 if a presidential nomination primary is scheduled to occur in the |
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| 278 | + | 9.7following year or April 1 of any other year, and the county auditor must provide notice |
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| 279 | + | 9.8within ten days to the secretary of state, in a manner and including information prescribed |
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| 280 | + | 9.9by the secretary of state. |
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| 281 | + | 9.10 The secretary of state shall provide a separate polling place roster for each precinct |
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| 282 | + | 9.11served by the combined polling place, except that in a precinct that uses electronic rosters |
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| 283 | + | 9.12the secretary of state shall provide separate data files for each precinct. The secretary of |
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| 284 | + | 9.13state and county auditor must provide guidance to the election judges serving in a combined |
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| 285 | + | 9.14polling place on the procedures to be used to ensure each voter is provided the correct ballot |
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| 286 | + | 9.15for that voter's precinct. A single set of election judges may be appointed to serve at a |
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| 287 | + | 9.16combined polling place. The number of election judges required must be based on the total |
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| 288 | + | 9.17number of persons voting at the last similar election in all precincts to be voting at the |
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| 289 | + | 9.18combined polling place. Separate ballot boxes must be provided for the ballots from each |
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| 290 | + | 9.19precinct. The results of the election must be reported separately for each precinct served by |
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| 291 | + | 9.20the combined polling place, except in a polling place established under clause (2) where |
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| 292 | + | 9.21one of the precincts has fewer than ten registered voters, in which case the results of that |
---|
| 293 | + | 9.22precinct must be reported in the manner specified by the secretary of state. In addition to |
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| 294 | + | 9.23other required informational material and notices, a map showing the precincts served by |
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| 295 | + | 9.24the combined polling place, along with a notice that multiple ballot styles are in use, must |
---|
| 296 | + | 9.25be prominently displayed near the entrance to the combined polling place. |
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| 297 | + | 9.26 (c) If a local elections official determines that an emergency situation preventing the |
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| 298 | + | 9.27safe, secure, and full operation of a polling place on election day has occurred or is imminent, |
---|
| 299 | + | 9.28the local elections official may combine two or more polling places for that election pursuant |
---|
| 300 | + | 9.29to this subdivision. To the extent possible, the polling places must be combined and the |
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| 301 | + | 9.30election conducted according to the requirements of paragraph (b), except that: |
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| 302 | + | 9.31 (1) polling places may be combined after May 1 and until the polls close on election |
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| 303 | + | 9.32day; |
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| 304 | + | 9.33 (2) any city or town, regardless of size or location, may establish a combined polling |
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| 305 | + | 9.34place under this paragraph; |
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| 306 | + | 9Sec. 9. |
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| 307 | + | REVISOR JFK/ES 25-0425702/24/25 10.1 (3) the governing body is not required to adopt an ordinance or resolution to establish |
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| 308 | + | 10.2the combined polling place; |
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| 309 | + | 10.3 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved |
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| 310 | + | 10.4by the local election official of each participating municipality; |
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| 311 | + | 10.5 (5) the local elections official must immediately notify the county auditor and the |
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| 312 | + | 10.6secretary of state of the combination, including the reason for the emergency combination |
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| 313 | + | 10.7and the location of the combined polling place. As soon as possible, the local elections |
---|
| 314 | + | 10.8official must also post a notice stating the reason for the combination and the location of |
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| 315 | + | 10.9the combined polling place. The notice must also be posted on the governing board's website, |
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| 316 | + | 10.10if one exists. The local elections official must also notify the election judges and request |
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| 317 | + | 10.11that local media outlets publicly announce the reason for the combination and the location |
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| 318 | + | 10.12of the combined polling place; and |
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| 319 | + | 10.13 (6) on election day, the local elections official must post a notice in large print in a |
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| 320 | + | 10.14conspicuous place at the polling place where the emergency occurred, if practical, stating |
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| 321 | + | 10.15the location of the combined polling place. The local election official must also post the |
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| 322 | + | 10.16notice, if practical, in a location visible by voters who vote from their motor vehicles as |
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| 323 | + | 10.17provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to |
---|
| 324 | + | 10.18section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph |
---|
| 325 | + | 10.19must include a statement that the polling place hours at the combined polling place will be |
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| 326 | + | 10.20extended until the specified time. |
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| 327 | + | 10.21Sec. 10. Minnesota Statutes 2024, section 204B.19, subdivision 5, is amended to read: |
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| 328 | + | 10.22 Subd. 5.Party balance requirement.No more than half of the election judges in a |
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| 329 | + | 10.23precinct, or at any location where ballots are being counted, recounted, or reviewed, may |
---|
| 330 | + | 10.24be members of the same major political party unless the election board consists of an odd |
---|
| 331 | + | 10.25number of election judges, in which case the number of election judges who are members |
---|
| 332 | + | 10.26of the same major political party may be one more than half the number of election judges |
---|
| 333 | + | 10.27in that precinct. |
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| 334 | + | 10.28Sec. 11. Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read: |
---|
| 335 | + | 10.29 Subdivision 1.Appointment lists; duties of political parties and secretary of state.On |
---|
| 336 | + | 10.30May 1 in a year in which there is an election for a partisan political office, each major |
---|
| 337 | + | 10.31political party shall prepare a list of eligible voters to act as election judges in each election |
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| 338 | + | 10.32precinct. The list provided by the party must indicate which eligible voters are willing to |
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| 339 | + | 10.33travel to a precinct outside of their home jurisdiction to act as an election judge, and the |
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| 340 | + | 10Sec. 11. |
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| 341 | + | REVISOR JFK/ES 25-0425702/24/25 11.1jurisdictions to which each eligible voter is willing to travel for that purpose. The list may |
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| 342 | + | 11.2also designate certain eligible voters as available to serve as alternates, to be appointed in |
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| 343 | + | 11.3the event of unexpected vacancies or if all positions representing that party affiliation are |
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| 344 | + | 11.4not able to be filled. The political parties shall furnish the lists electronically to the secretary |
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| 345 | + | 11.5of state, in a format specified by the secretary of state. The secretary of state must combine |
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| 346 | + | 11.6the data received from each political party under this subdivision and must process the data |
---|
| 347 | + | 11.7to locate the precinct in which the address provided for each potential election judge is |
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| 348 | + | 11.8located. If the data submitted by a political party is insufficient for the secretary of state to |
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| 349 | + | 11.9locate the proper precinct, the associated name must not appear in any list forwarded to an |
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| 350 | + | 11.10appointing authority under this subdivision. The secretary of state shall notify political |
---|
| 351 | + | 11.11parties of any proposed election judges with addresses that could not be located in a precinct. |
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| 352 | + | 11.12 By May 15, the secretary of state shall furnish electronically to the county auditor a list |
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| 353 | + | 11.13of the appropriate names for each election precinct in the jurisdiction of the appointing |
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| 354 | + | 11.14authority, and a list of the names of individuals residing outside of the jurisdiction who |
---|
| 355 | + | 11.15indicated a willingness to travel to that jurisdiction to act as an election judge, noting the |
---|
| 356 | + | 11.16political party affiliation of each individual on the list. The county auditor must promptly |
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| 357 | + | 11.17forward the appropriate names to the appropriate municipal clerk. The county auditor or |
---|
| 358 | + | 11.18municipal clerk must notify the secretary of state if there are not a sufficient number of |
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| 359 | + | 11.19election judges affiliated with a political party to meet the party balance requirements of |
---|
| 360 | + | 11.20each precinct in the auditor or clerk's jurisdiction. The secretary of state must forward the |
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| 361 | + | 11.21notification to the designated representatives of that party and request that the party provide |
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| 362 | + | 11.22further names, to the extent practicable. |
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| 363 | + | 11.23Sec. 12. Minnesota Statutes 2024, section 204B.21, is amended by adding a subdivision |
---|
| 364 | + | 11.24to read: |
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| 365 | + | 11.25 Subd. 4.Election judge major party affiliation; data classification.(a) Each appointing |
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| 366 | + | 11.26authority must maintain a list of all election judges that indicates the major political party |
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| 367 | + | 11.27affiliation of each election judge or a statement that the judge does not affiliate with a major |
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| 368 | + | 11.28political party. A list created under this paragraph is public data on individuals. |
---|
| 369 | + | 11.29 (b) The lists described in subdivisions 1 and 2 are not public data on individuals. |
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| 370 | + | 11.30Sec. 13. Minnesota Statutes 2024, section 204B.25, subdivision 1, is amended to read: |
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| 371 | + | 11.31 Subdivision 1.Duties of county auditor.Each county auditor shall provide training for |
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| 372 | + | 11.32all election judges who are appointed to serve at any election to be held in the county. The |
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| 373 | + | 11.33county auditor shall also provide a procedure for emergency training of election judges |
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| 374 | + | 11Sec. 13. |
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| 375 | + | REVISOR JFK/ES 25-0425702/24/25 12.1elected to fill vacancies. The county auditor may delegate to a municipal election official |
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| 376 | + | 12.2the duty to provide training of election judges in that municipality or school district. The |
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| 377 | + | 12.3training must be consistent with the training programs established by the secretary of state |
---|
| 378 | + | 12.4under subdivision 2. |
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| 379 | + | 12.5 Sec. 14. Minnesota Statutes 2024, section 204B.27, subdivision 2, is amended to read: |
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| 380 | + | 12.6 Subd. 2.Election law and instructions.The secretary of state shall prepare and publish |
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| 381 | + | 12.7a volume containing all state general laws relating to elections. The attorney general shall |
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| 382 | + | 12.8provide annotations to the secretary of state for this volume. On or before August 1 of every |
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| 383 | + | 12.9odd-numbered year the secretary of state shall furnish to the county auditors and municipal |
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| 384 | + | 12.10clerks enough copies of this volume so that each county auditor and municipal clerk will |
---|
| 385 | + | 12.11have at least one copy. On or before July 1 of every even-numbered year, the secretary of |
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| 386 | + | 12.12state shall prepare and make an electronic copy available on the office's website. The |
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| 387 | + | 12.13secretary of state may must prepare and transmit to the county auditors and municipal clerks |
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| 388 | + | 12.14detailed written instructions for complying with election laws relating to the conduct of |
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| 389 | + | 12.15elections, conduct of voter registration and voting procedures the Minnesota Election Law. |
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| 390 | + | 12.16The materials must be kept up to date and include all requirements of the applicable laws |
---|
| 391 | + | 12.17related to the conduct of elections, conduct of voter registration, and voting procedures. |
---|
| 392 | + | 12.18Sec. 15. Minnesota Statutes 2024, section 204B.27, is amended by adding a subdivision |
---|
| 393 | + | 12.19to read: |
---|
| 394 | + | 12.20 Subd. 8a.Election judge advice telephone line.The secretary of state shall provide a |
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| 395 | + | 12.21dedicated telephone line for use by election judges on each election day. The line must be |
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| 396 | + | 12.22available for election judges to seek advice and to clarify procedures. The secretary of state |
---|
| 397 | + | 12.23must maintain a log of calls received and the advice given to each election judge caller. |
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| 398 | + | 12.24Sec. 16. Minnesota Statutes 2024, section 204B.40, is amended to read: |
---|
| 399 | + | 12.25 204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; |
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| 400 | + | 12.26DISPOSITION; INSPECTION OF BALLOTS. |
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| 401 | + | 12.27 (a) The county auditors, municipal clerks, and school district clerks shall retain all |
---|
| 402 | + | 12.28election materials returned to them after any election, along with any other election materials |
---|
| 403 | + | 12.29used in conducting the election, including but not limited to registration forms, and absentee |
---|
| 404 | + | 12.30ballot envelopes, for at least 22 months from the date of that election. All records and |
---|
| 405 | + | 12.31materials must be stored in a locked container or other secured and locked space. All election |
---|
| 406 | + | 12.32materials involved in a contested election must be retained for 22 months or until the contest |
---|
| 407 | + | 12Sec. 16. |
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| 408 | + | REVISOR JFK/ES 25-0425702/24/25 13.1has been finally determined, whichever is later. Abstracts filed by canvassing boards shall |
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| 409 | + | 13.2be retained permanently by any officer with whom those abstracts are filed. Election materials |
---|
| 410 | + | 13.3no longer required to be retained pursuant to this section shall be disposed of in accordance |
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| 411 | + | 13.4with sections 138.163 to 138.21. Sealed envelopes containing voted ballots must be retained |
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| 412 | + | 13.5unopened, except as provided in this section, in a secure location. The county auditor, |
---|
| 413 | + | 13.6municipal clerk, or school district clerk shall not permit any voted ballots to be tampered |
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| 414 | + | 13.7with or defaced. |
---|
| 415 | + | 13.8 (b) After the time for filing a notice of contest for an election has passed, the secretary |
---|
| 416 | + | 13.9of state may, for the purpose of monitoring and evaluating election procedures: (1) open |
---|
| 417 | + | 13.10the sealed ballot envelopes and inspect the ballots for that election maintained by the county |
---|
| 418 | + | 13.11auditors, municipal clerks, or school district clerks; (2) inspect the polling place rosters and |
---|
| 419 | + | 13.12completed voter registration applications; or (3) examine other forms required in the |
---|
| 420 | + | 13.13Minnesota election laws for use in the polling place. No inspected ballot or document may |
---|
| 421 | + | 13.14be marked or identified in any manner. After inspection, all ballots must be returned to the |
---|
| 422 | + | 13.15ballot envelope and the ballot envelope must be securely resealed. Any other election |
---|
| 423 | + | 13.16materials inspected or examined must be secured or resealed. No polling place roster may |
---|
| 424 | + | 13.17be inspected until the voting history for that precinct has been posted. No voter registration |
---|
| 425 | + | 13.18application may be inspected until the information on it has been entered into the statewide |
---|
| 426 | + | 13.19registration system. |
---|
| 427 | + | 13.20 (c) Destruction or disposal of voted ballots before the end of the retention period |
---|
| 428 | + | 13.21established in paragraph (a) is a felony. |
---|
| 429 | + | 13.22Sec. 17. Minnesota Statutes 2024, section 204C.07, is amended to read: |
---|
| 430 | + | 13.23 204C.07 CHALLENGERS. |
---|
| 431 | + | 13.24 Subdivision 1.Partisan elections.At an election to fill partisan offices, the chair of an |
---|
| 432 | + | 13.25authorized committee of each major political party may appoint by written certificate voters |
---|
| 433 | + | 13.26from that political party to act as challengers or observers of voters at the polling place for |
---|
| 434 | + | 13.27each precinct. Only one challenger and one observer from each major political party for |
---|
| 435 | + | 13.28each precinct shall be allowed to remain in the polling place at one time. The role of |
---|
| 436 | + | 13.29appointed challenger and appointed observer may be performed by the same person. |
---|
| 437 | + | 13.30 Subd. 2.Nonpartisan elections.At an election to fill nonpartisan offices, each |
---|
| 438 | + | 13.31nonpartisan candidate may appoint by written certificate voters to act as challengers or |
---|
| 439 | + | 13.32observers of voters at the polling place for each precinct. Only one challenger for each |
---|
| 440 | + | 13.33candidate shall be allowed to remain in the polling place for each precinct at one time. The |
---|
| 441 | + | 13.34role of appointed challenger and appointed observer may be performed by the same person. |
---|
513 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 16.1directed. An election judge or other individual assisting a voter shall not in any manner |
---|
514 | | - | 16.2request, persuade, induce, or attempt to persuade or induce the voter to vote for any particular |
---|
515 | | - | 16.3political party or candidate. The election judges or other individuals who assist the voter |
---|
516 | | - | 16.4shall not reveal to anyone the name of any candidate for whom the voter has voted or |
---|
517 | | - | 16.5anything that took place while assisting the voter. |
---|
518 | | - | 16.6 Sec. 20. Minnesota Statutes 2024, section 204C.15, subdivision 2, is amended to read: |
---|
519 | | - | 16.7 Subd. 2.Outside the polling place.An individual who is unable to enter any location |
---|
520 | | - | 16.8where ballots may be cast, including early and in-person absentee voting locations, or a |
---|
521 | | - | 16.9polling place where paper ballots or an electronic voting system are used may register and |
---|
522 | | - | 16.10vote without leaving a motor vehicle. Two election judges who are members of different |
---|
523 | | - | 16.11major political parties shall assist the voter to register and to complete a voter's certificate |
---|
524 | | - | 16.12and shall provide the necessary ballots. The voter may request additional assistance in |
---|
525 | | - | 16.13marking ballots as provided in subdivision 1. |
---|
526 | | - | 16.14Sec. 21. Minnesota Statutes 2024, section 204C.24, subdivision 1, is amended to read: |
---|
527 | | - | 16.15 Subdivision 1.Information requirements.Precinct summary statements shall be |
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528 | | - | 16.16submitted by the election judges in every precinct. For all elections, the election judges |
---|
529 | | - | 16.17shall complete three or more copies of the summary statements, and each copy shall contain |
---|
530 | | - | 16.18the following information for each kind of ballot: |
---|
531 | | - | 16.19 (1) the number of ballots delivered to the precinct as adjusted by the actual count made |
---|
532 | | - | 16.20by the election judges, the number of unofficial ballots made, and the number of absentee |
---|
533 | | - | 16.21ballots delivered to the precinct; |
---|
534 | | - | 16.22 (2) the number of votes each candidate received or the number of yes and no votes on |
---|
535 | | - | 16.23each question, the number of undervotes, the number of overvotes, and the number of |
---|
536 | | - | 16.24defective ballots with respect to each office or question; |
---|
537 | | - | 16.25 (3) the number of spoiled ballots, the number of duplicate ballots made, the number of |
---|
538 | | - | 16.26absentee ballots rejected, and the number of unused ballots, presuming that the total count |
---|
539 | | - | 16.27provided on each package of unopened prepackaged ballots is correct; |
---|
540 | | - | 16.28 (4) the number of voted ballots indicating only a voter's choices as provided by section |
---|
541 | | - | 16.29206.80, paragraph (b), clause (2), item (ii), in precincts that use an assistive voting device |
---|
542 | | - | 16.30that produces this type of ballot; |
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543 | | - | 16Sec. 21. |
---|
544 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 17.1 (5) the number of individuals who voted at the election in the precinct which must equal |
---|
545 | | - | 17.2the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86, |
---|
546 | | - | 17.3subdivision 1; |
---|
547 | | - | 17.4 (6) the number of voters registering on election day in that precinct; |
---|
548 | | - | 17.5 (7) the signatures of the election judges who counted the ballots certifying that all of the |
---|
549 | | - | 17.6ballots cast were properly piled, checked, and counted, or that the election judges complied |
---|
550 | | - | 17.7with the requirements of chapter 206; and that the numbers entered by the election judges |
---|
551 | | - | 17.8on the summary statements correctly show the number of votes cast for each candidate and |
---|
552 | | - | 17.9for and against each question; |
---|
553 | | - | 17.10 (8) the number of election judges that worked in that precinct on election day; and |
---|
554 | | - | 17.11 (9) the number of voting booths used in that precinct on election day. |
---|
555 | | - | 17.12 At least two copies of the summary statement must be prepared for elections not held |
---|
556 | | - | 17.13on the same day as the state elections. |
---|
557 | | - | 17.14Sec. 22. [204C.295] RELEASE OF UNOFFICIAL RESULTS. |
---|
558 | | - | 17.15 If the secretary of state, county auditor, or municipal clerk makes unofficial election |
---|
559 | | - | 17.16results available on a public website, the website must identify any precinct in which the |
---|
560 | | - | 17.17vote totals are changed after the totals were first reported on the website, along with a |
---|
561 | | - | 17.18notation indicating the number of impacted votes and the candidates for which those votes |
---|
562 | | - | 17.19were cast; an explanation for the discrepancy; the date and time on which the discrepancy |
---|
563 | | - | 17.20was discovered; the date and time on which the unofficial results were changed; and the |
---|
564 | | - | 17.21initials of the elections official who made the change. |
---|
565 | | - | 17.22Sec. 23. Minnesota Statutes 2024, section 204C.35, is amended by adding a subdivision |
---|
566 | | - | 17.23to read: |
---|
567 | | - | 17.24 Subd. 6.Chain of custody procedures.No later than December 31 of each year, the |
---|
568 | | - | 17.25governing body of each municipality and county must adopt a chain of custody procedure |
---|
569 | | - | 17.26for the purpose of ensuring the integrity and security of all ballots prepared for the conduct |
---|
570 | | - | 17.27of an election in the following year. The procedure must, at a minimum, require the county |
---|
571 | | - | 17.28auditor or municipal clerk to maintain a log that identifies each person who handles a ballot, |
---|
572 | | - | 17.29ballot tabulator, or other voting equipment; the date and time on which that action occurred; |
---|
573 | | - | 17.30and the person's purpose for doing so. The log must also identify the serial number or other |
---|
574 | | - | 17.31appropriate identifier for any seals that were newly placed or broken by the person in the |
---|
575 | | - | 17.32process. The log must be signed and notarized. Prior to counting any ballots, the county |
---|
576 | | - | 17Sec. 23. |
---|
577 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 18.1auditor or municipal clerk must affirm under oath that a complete and accurate chain of |
---|
578 | | - | 18.2custody log has been maintained for each ballot to be counted. This subdivision does not |
---|
579 | | - | 18.3apply to a town with fewer than 5,000 residents. |
---|
580 | | - | 18.4 Sec. 24. Minnesota Statutes 2024, section 204D.17, is amended by adding a subdivision |
---|
581 | | - | 18.5to read: |
---|
582 | | - | 18.6 Subd. 3.Candidate to bear costs of special election in certain |
---|
583 | | - | 18.7circumstances.Notwithstanding any law to the contrary, if a special election under sections |
---|
584 | | - | 18.8204D.17 to 204D.27 is required because a candidate was determined to have engaged in |
---|
585 | | - | 18.9fraud or deception to misrepresent the candidate's eligibility to hold the office, that candidate |
---|
586 | | - | 18.10must pay all costs incurred by the affected county and municipal jurisdictions to conduct |
---|
587 | | - | 18.11the special election. |
---|
588 | | - | 18.12Sec. 25. Minnesota Statutes 2024, section 206.845, subdivision 1, is amended to read: |
---|
589 | | - | 18.13 Subdivision 1.Prohibited connections.The county auditor and municipal clerk must |
---|
590 | | - | 18.14secure ballot recording and tabulating systems physically and electronically against |
---|
591 | | - | 18.15unauthorized access. Except for wired connections within the polling place, ballot recording |
---|
592 | | - | 18.16and tabulating systems must not be connected to or operated on, directly or indirectly, any |
---|
593 | | - | 18.17electronic network, including a local area network, a wide-area network, the Internet, or the |
---|
594 | | - | 18.18World Wide Web. Wireless communications may not be used in any way in a vote recording |
---|
595 | | - | 18.19or vote tabulating system. Wireless, device-to-device capability is not permitted. No |
---|
596 | | - | 18.20connection by modem is permitted. |
---|
597 | | - | 18.21 Transfer of information from the ballot recording or tabulating system to another system |
---|
598 | | - | 18.22for network distribution or broadcast must be made by disk, tape, or other physical means |
---|
599 | | - | 18.23of communication, other than direct or indirect electronic connection of the vote recording |
---|
600 | | - | 18.24or vote tabulating system. A county auditor or municipal clerk may not create or disclose, |
---|
601 | | - | 18.25or permit any other person to create or disclose, an electronic image of the hard drive of |
---|
602 | | - | 18.26any vote recording or tabulating system or any other component of an electronic voting |
---|
603 | | - | 18.27system, except as authorized in writing by the secretary of state or for the purpose of |
---|
604 | | - | 18.28conducting official duties as expressly authorized by law. A password used to access any |
---|
605 | | - | 18.29ballot recording or tabulating system must be kept in a secure location in a precinct that is |
---|
606 | | - | 18.30not accessible or visible to the public. |
---|
607 | | - | 18Sec. 25. |
---|
608 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 19.1 Sec. 26. Minnesota Statutes 2024, section 206.845, subdivision 2, is amended to read: |
---|
609 | | - | 19.2 Subd. 2.Transmission to central reporting location Printed record of results.After |
---|
610 | | - | 19.3the close of the polls, the head election judge must create a printed record of the results of |
---|
611 | | - | 19.4the election for that precinct. After the record has been printed, the head election judge in |
---|
612 | | - | 19.5a precinct that employs automatic tabulating equipment may transmit the accumulated tally |
---|
613 | | - | 19.6for each device to a central reporting location using a telephone, modem, Internet, or other |
---|
614 | | - | 19.7electronic connection. During the canvassing period, the results transmitted electronically |
---|
615 | | - | 19.8must be considered unofficial until the canvassing board has performed a complete |
---|
616 | | - | 19.9reconciliation of the results. Preliminary vote totals must not be printed, viewed, or accessed |
---|
617 | | - | 19.10by any person, including an election judge or other election official, prior to the closing of |
---|
618 | | - | 19.11the polls. Unauthorized access to preliminary vote totals is a felony. |
---|
619 | | - | 19.12Sec. 27. Minnesota Statutes 2024, section 206.845, subdivision 3, is amended to read: |
---|
620 | | - | 19.13 Subd. 3.Cast vote records.After the municipal clerk or county auditor has received |
---|
621 | | - | 19.14data from automatic tabulating equipment, textual data from the file is public and must be |
---|
622 | | - | 19.15available to individuals requesting it., with the following exceptions, which are protected |
---|
623 | | - | 19.16nonpublic data under section 13.02: |
---|
624 | | - | 19.17 (1) data that indicate the date, time, or order in which a voter cast a ballot; |
---|
625 | | - | 19.18 (2) data that indicate the method with which a voter cast a ballot; |
---|
626 | | - | 19.19 (3) data files that do not include all ballots cast in a precinct; |
---|
627 | | - | 19.20 (4) data files that provide data in the order it was generated; and |
---|
628 | | - | 19.21 (5) data from precincts in which fewer than ten votes were cast. |
---|
629 | | - | 19.22Data stored as images are protected nonpublic data under section 13.02. |
---|
630 | | - | 19.23Sec. 28. Minnesota Statutes 2024, section 206.89, subdivision 2, is amended to read: |
---|
631 | | - | 19.24 Subd. 2.Selection for review; notice.At the canvass of the state primary, the county |
---|
632 | | - | 19.25canvassing board in each county must set the date, time, and place for the postelection |
---|
633 | | - | 19.26review of the state general election to be held under this section. The postelection review |
---|
634 | | - | 19.27must not begin before the ninth day after the state general election and must be complete |
---|
635 | | - | 19.28no later than the 14th day after the state general election. |
---|
636 | | - | 19.29 At the canvass of the state general election, the county canvassing boards must select |
---|
637 | | - | 19.30the precincts to be reviewed by lot. The ballots to be reviewed for a precinct include both |
---|
638 | | - | 19.31the ballots counted at the polling place for that precinct and the absentee ballots counted |
---|
639 | | - | 19Sec. 28. |
---|
640 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 20.1centrally by a ballot board for that precinct. The county canvassing board of a county with |
---|
641 | | - | 20.2fewer than 50,000 registered voters must conduct a postelection review of a total of at least |
---|
642 | | - | 20.3two precincts. The county canvassing board of a county with between 50,000 and 100,000 |
---|
643 | | - | 20.4registered voters must conduct a review of a total of at least three precincts. The county |
---|
644 | | - | 20.5canvassing board of a county with over 100,000 registered voters must conduct a review |
---|
645 | | - | 20.6of a total of at least four precincts, or three percent of the total number of precincts in the |
---|
646 | | - | 20.7county, whichever is greater. At least one precinct selected in each county must have had |
---|
647 | | - | 20.8more than 150 votes cast at the general election. In addition to the minimum number of |
---|
648 | | - | 20.9precincts required to be chosen by lot, the county canvassing board must select by lot at |
---|
649 | | - | 20.10least one additional precinct located in a city, town, or school district if specifically requested |
---|
650 | | - | 20.11by the governing body of that city, town, or school district and a precinct representing that |
---|
651 | | - | 20.12city, town, or school district has not already been selected for review. |
---|
652 | | - | 20.13 The county auditor must notify the secretary of state of the precincts that have been |
---|
653 | | - | 20.14chosen for review and the time and place the postelection review for that county will be |
---|
654 | | - | 20.15conducted, as soon as the decisions are made. If the selection of precincts has not resulted |
---|
655 | | - | 20.16in the selection of at least four precincts in each congressional district, the secretary of state |
---|
656 | | - | 20.17may require counties to select by lot additional precincts to meet the congressional district |
---|
657 | | - | 20.18requirement. The secretary of state must post this information on the office website. |
---|
658 | | - | 20.19Sec. 29. Minnesota Statutes 2024, section 206.89, subdivision 3, is amended to read: |
---|
659 | | - | 20.20 Subd. 3.Scope and conduct of review.The county canvassing board shall appoint the |
---|
660 | | - | 20.21postelection review official as defined in subdivision 1. The postelection review must be |
---|
661 | | - | 20.22conducted of the votes cast for president or governor; United States senator; and United |
---|
662 | | - | 20.23States representative. The postelection review official may conduct postelection review of |
---|
663 | | - | 20.24the votes cast for additional offices all offices and questions appearing on the ballot, |
---|
664 | | - | 20.25excluding races that are uncontested. |
---|
665 | | - | 20.26 The postelection review must be conducted in public at the location where the voted |
---|
666 | | - | 20.27ballots have been securely stored after the state general election or at another location chosen |
---|
667 | | - | 20.28by the county canvassing board. The postelection review official for each precinct selected |
---|
668 | | - | 20.29must conduct the postelection review and may be assisted by election judges designated by |
---|
669 | | - | 20.30the postelection review official for this purpose. The party balance requirement of section |
---|
670 | | - | 20.31204B.19 applies to election judges designated for the review. The postelection review must |
---|
671 | | - | 20.32consist of a manual count of the ballots used in the precincts selected and must be performed |
---|
672 | | - | 20.33in the manner provided by section 204C.21. The postelection review must be conducted in |
---|
673 | | - | 20.34the manner provided for recounts under section 204C.361 to the extent practicable. The |
---|
674 | | - | 20Sec. 29. |
---|
675 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 21.1review must be completed no later than one day before the meeting of the state canvassing |
---|
676 | | - | 21.2board to certify the results of the state general election. |
---|
677 | | - | 21.3 Sec. 30. APPROPRIATION; SECRETARY OF STATE. |
---|
678 | | - | 21.4 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
---|
679 | | - | 21.5fund to the secretary of state for costs associated with implementing this act. |
---|
680 | | - | 21.6 Sec. 31. REPEALER. |
---|
681 | | - | 21.7 Minnesota Statutes 2024, sections 204B.21, subdivision 3; and 204C.07, subdivision 5, |
---|
682 | | - | 21.8are repealed. |
---|
683 | | - | 21Sec. 31. |
---|
684 | | - | REVISOR JFK H1800-1HF1800 FIRST ENGROSSMENT 204B.21 APPOINTMENT OF ELECTION JUDGES. |
---|
| 510 | + | REVISOR JFK/ES 25-0425702/24/25 16.1were cast; an explanation for the discrepancy; the date and time on which the discrepancy |
---|
| 511 | + | 16.2was discovered; the date and time on which the unofficial results were changed; and the |
---|
| 512 | + | 16.3initials of the elections official who made the change. |
---|
| 513 | + | 16.4 Sec. 20. Minnesota Statutes 2024, section 204C.35, is amended by adding a subdivision |
---|
| 514 | + | 16.5to read: |
---|
| 515 | + | 16.6 Subd. 6.Chain of custody procedures.No later than December 31 of each year, the |
---|
| 516 | + | 16.7governing body of each municipality and county must adopt a chain of custody procedure |
---|
| 517 | + | 16.8for the purpose of ensuring the integrity and security of all ballots prepared for the conduct |
---|
| 518 | + | 16.9of an election in the following year. The procedure must, at a minimum, require the county |
---|
| 519 | + | 16.10auditor or municipal clerk to maintain a log that identifies each person who handles a ballot, |
---|
| 520 | + | 16.11ballot tabulator, or other voting equipment; the date and time on which that action occurred; |
---|
| 521 | + | 16.12and the person's purpose for doing so. The log must also identify the serial number or other |
---|
| 522 | + | 16.13appropriate identifier for any seals that were newly placed or broken by the person in the |
---|
| 523 | + | 16.14process. The log must be signed and notarized. Prior to counting any ballots, the county |
---|
| 524 | + | 16.15auditor or municipal clerk must affirm under oath that a complete and accurate chain of |
---|
| 525 | + | 16.16custody log has been maintained for each ballot to be counted. |
---|
| 526 | + | 16.17Sec. 21. Minnesota Statutes 2024, section 204D.17, is amended by adding a subdivision |
---|
| 527 | + | 16.18to read: |
---|
| 528 | + | 16.19 Subd. 3.Candidate to bear costs of special election in certain |
---|
| 529 | + | 16.20circumstances.Notwithstanding any law to the contrary, if a special election under sections |
---|
| 530 | + | 16.21204D.17 to 204D.27 is required because a candidate was determined to have engaged in |
---|
| 531 | + | 16.22fraud or deception to misrepresent the candidate's eligibility to hold the office, that candidate |
---|
| 532 | + | 16.23must pay all costs incurred by the affected county and municipal jurisdictions to conduct |
---|
| 533 | + | 16.24the special election. |
---|
| 534 | + | 16.25Sec. 22. Minnesota Statutes 2024, section 206.845, subdivision 1, is amended to read: |
---|
| 535 | + | 16.26 Subdivision 1.Prohibited connections.The county auditor and municipal clerk must |
---|
| 536 | + | 16.27secure ballot recording and tabulating systems physically and electronically against |
---|
| 537 | + | 16.28unauthorized access. Except for wired connections within the polling place, ballot recording |
---|
| 538 | + | 16.29and tabulating systems must not be connected to or operated on, directly or indirectly, any |
---|
| 539 | + | 16.30electronic network, including a local area network, a wide-area network, the Internet, or the |
---|
| 540 | + | 16.31World Wide Web. Wireless communications may not be used in any way in a vote recording |
---|
| 541 | + | 16.32or vote tabulating system. Wireless, device-to-device capability is not permitted. No |
---|
| 542 | + | 16.33connection by modem is permitted. |
---|
| 543 | + | 16Sec. 22. |
---|
| 544 | + | REVISOR JFK/ES 25-0425702/24/25 17.1 Transfer of information from the ballot recording or tabulating system to another system |
---|
| 545 | + | 17.2for network distribution or broadcast must be made by disk, tape, or other physical means |
---|
| 546 | + | 17.3of communication, other than direct or indirect electronic connection of the vote recording |
---|
| 547 | + | 17.4or vote tabulating system. A county auditor or municipal clerk may not create or disclose, |
---|
| 548 | + | 17.5or permit any other person to create or disclose, an electronic image of the hard drive of |
---|
| 549 | + | 17.6any vote recording or tabulating system or any other component of an electronic voting |
---|
| 550 | + | 17.7system, except as authorized in writing by the secretary of state or for the purpose of |
---|
| 551 | + | 17.8conducting official duties as expressly authorized by law. A password used to access any |
---|
| 552 | + | 17.9ballot recording or tabulating system must be kept in a secure location in a precinct that is |
---|
| 553 | + | 17.10not accessible or visible to the public. |
---|
| 554 | + | 17.11Sec. 23. Minnesota Statutes 2024, section 206.845, subdivision 2, is amended to read: |
---|
| 555 | + | 17.12 Subd. 2.Transmission to central reporting location Printed record of results.After |
---|
| 556 | + | 17.13the close of the polls, the head election judge must create a printed record of the results of |
---|
| 557 | + | 17.14the election for that precinct. After the record has been printed, the head election judge in |
---|
| 558 | + | 17.15a precinct that employs automatic tabulating equipment may transmit the accumulated tally |
---|
| 559 | + | 17.16for each device to a central reporting location using a telephone, modem, Internet, or other |
---|
| 560 | + | 17.17electronic connection. During the canvassing period, the results transmitted electronically |
---|
| 561 | + | 17.18must be considered unofficial until the canvassing board has performed a complete |
---|
| 562 | + | 17.19reconciliation of the results. Preliminary vote totals must not be printed, viewed, or accessed |
---|
| 563 | + | 17.20by any person, including an election judge or other election official, prior to the closing of |
---|
| 564 | + | 17.21the polls. Unauthorized access to preliminary vote totals is a felony. |
---|
| 565 | + | 17.22Sec. 24. Minnesota Statutes 2024, section 206.845, subdivision 3, is amended to read: |
---|
| 566 | + | 17.23 Subd. 3.Cast vote records.After the municipal clerk or county auditor has received |
---|
| 567 | + | 17.24data from automatic tabulating equipment, textual data from the file is public and must be |
---|
| 568 | + | 17.25available to individuals requesting it., with the following exceptions, which are protected |
---|
| 569 | + | 17.26nonpublic data under section 13.02: |
---|
| 570 | + | 17.27 (1) data that indicate the date, time, or order in which a voter cast a ballot; |
---|
| 571 | + | 17.28 (2) data that indicate the method with which a voter cast a ballot; |
---|
| 572 | + | 17.29 (3) data files that do not include all ballots cast in a precinct; |
---|
| 573 | + | 17.30 (4) data files that provide data in the order it was generated; and |
---|
| 574 | + | 17.31 (5) data from precincts in which fewer than ten votes were cast. |
---|
| 575 | + | 17.32Data stored as images are protected nonpublic data under section 13.02. |
---|
| 576 | + | 17Sec. 24. |
---|
| 577 | + | REVISOR JFK/ES 25-0425702/24/25 18.1 Sec. 25. Minnesota Statutes 2024, section 206.89, subdivision 2, is amended to read: |
---|
| 578 | + | 18.2 Subd. 2.Selection for review; notice.At the canvass of the state primary, the county |
---|
| 579 | + | 18.3canvassing board in each county must set the date, time, and place for the postelection |
---|
| 580 | + | 18.4review of the state general election to be held under this section. The postelection review |
---|
| 581 | + | 18.5must not begin before the ninth day after the state general election and must be complete |
---|
| 582 | + | 18.6no later than the 14th day after the state general election. |
---|
| 583 | + | 18.7 At the canvass of the state general election, the county canvassing boards must select |
---|
| 584 | + | 18.8the precincts to be reviewed by lot. The ballots to be reviewed for a precinct include both |
---|
| 585 | + | 18.9the ballots counted at the polling place for that precinct and the absentee ballots counted |
---|
| 586 | + | 18.10centrally by a ballot board for that precinct. The county canvassing board of a county with |
---|
| 587 | + | 18.11fewer than 50,000 registered voters must conduct a postelection review of a total of at least |
---|
| 588 | + | 18.12two precincts. The county canvassing board of a county with between 50,000 and 100,000 |
---|
| 589 | + | 18.13registered voters must conduct a review of a total of at least three precincts. The county |
---|
| 590 | + | 18.14canvassing board of a county with over 100,000 registered voters must conduct a review |
---|
| 591 | + | 18.15of a total of at least four precincts, or three percent of the total number of precincts in the |
---|
| 592 | + | 18.16county, whichever is greater. At least one precinct selected in each county must have had |
---|
| 593 | + | 18.17more than 150 votes cast at the general election. In addition to the minimum number of |
---|
| 594 | + | 18.18precincts required to be chosen by lot, the county canvassing board must select by lot at |
---|
| 595 | + | 18.19least one additional precinct located in a city, town, or school district if specifically requested |
---|
| 596 | + | 18.20by the governing body of that city, town, or school district and a precinct representing that |
---|
| 597 | + | 18.21city, town, or school district has not already been selected for review. |
---|
| 598 | + | 18.22 The county auditor must notify the secretary of state of the precincts that have been |
---|
| 599 | + | 18.23chosen for review and the time and place the postelection review for that county will be |
---|
| 600 | + | 18.24conducted, as soon as the decisions are made. If the selection of precincts has not resulted |
---|
| 601 | + | 18.25in the selection of at least four precincts in each congressional district, the secretary of state |
---|
| 602 | + | 18.26may require counties to select by lot additional precincts to meet the congressional district |
---|
| 603 | + | 18.27requirement. The secretary of state must post this information on the office website. |
---|
| 604 | + | 18.28Sec. 26. Minnesota Statutes 2024, section 206.89, subdivision 3, is amended to read: |
---|
| 605 | + | 18.29 Subd. 3.Scope and conduct of review.The county canvassing board shall appoint the |
---|
| 606 | + | 18.30postelection review official as defined in subdivision 1. The postelection review must be |
---|
| 607 | + | 18.31conducted of the votes cast for president or governor; United States senator; and United |
---|
| 608 | + | 18.32States representative. The postelection review official may conduct postelection review of |
---|
| 609 | + | 18.33the votes cast for additional offices all offices and questions appearing on the ballot, |
---|
| 610 | + | 18.34excluding races that are uncontested. |
---|
| 611 | + | 18Sec. 26. |
---|
| 612 | + | REVISOR JFK/ES 25-0425702/24/25 19.1 The postelection review must be conducted in public at the location where the voted |
---|
| 613 | + | 19.2ballots have been securely stored after the state general election or at another location chosen |
---|
| 614 | + | 19.3by the county canvassing board. The postelection review official for each precinct selected |
---|
| 615 | + | 19.4must conduct the postelection review and may be assisted by election judges designated by |
---|
| 616 | + | 19.5the postelection review official for this purpose. The party balance requirement of section |
---|
| 617 | + | 19.6204B.19 applies to election judges designated for the review. The postelection review must |
---|
| 618 | + | 19.7consist of a manual count of the ballots used in the precincts selected and must be performed |
---|
| 619 | + | 19.8in the manner provided by section 204C.21. The postelection review must be conducted in |
---|
| 620 | + | 19.9the manner provided for recounts under section 204C.361 to the extent practicable. The |
---|
| 621 | + | 19.10review must be completed no later than one day before the meeting of the state canvassing |
---|
| 622 | + | 19.11board to certify the results of the state general election. |
---|
| 623 | + | 19.12Sec. 27. REPEALER. |
---|
| 624 | + | 19.13 Minnesota Statutes 2024, section 204B.21, subdivision 3, is repealed. |
---|
| 625 | + | 19Sec. 27. |
---|
| 626 | + | REVISOR JFK/ES 25-0425702/24/25 204B.21 APPOINTMENT OF ELECTION JUDGES. |
---|