1 | 1 | | 1.1 A bill for an act |
---|
2 | 2 | | 1.2 relating to elections; making various changes related to election administration; |
---|
3 | 3 | | 1.3 modifying provisions related to voter registration; modifying provisions related |
---|
4 | 4 | | 1.4 to absentee voting; modifying requirements relating to appointing election judges; |
---|
5 | 5 | | 1.5 clarifying terminology; modifying timelines; modifying annexation laws in relation |
---|
6 | 6 | | 1.6 to election timelines; repealing the voting equipment grant account; transferring |
---|
7 | 7 | | 1.7 money; amending Minnesota Statutes 2024, sections 201.061, subdivisions 3, 3a; |
---|
8 | 8 | | 1.8 201.071, subdivision 1; 203B.04, subdivision 1; 203B.05, subdivision 1; 203B.08, |
---|
9 | 9 | | 1.9 subdivisions 1, 3; 203B.081, subdivision 4; 203B.121, subdivisions 4, 5; 203B.30, |
---|
10 | 10 | | 1.10 subdivision 3; 204B.06, subdivision 1b; 204B.09, subdivisions 1a, 2; 204B.14, |
---|
11 | 11 | | 1.11 subdivision 4a; 204B.21, subdivisions 1, 2; 204B.24; 204B.25, subdivision 3; |
---|
12 | 12 | | 1.12 204B.44; 204B.45, subdivision 2; 204C.08, subdivision 1d; 204C.09, subdivision |
---|
13 | 13 | | 1.13 1; 204C.10; 205.185, subdivision 3; 205A.10, subdivision 3; 205A.11, subdivision |
---|
14 | 14 | | 1.14 2; 368.47; 375.20; 414.09, subdivision 3; 447.32, subdivision 4; proposing coding |
---|
15 | 15 | | 1.15 for new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes |
---|
16 | 16 | | 1.16 2024, sections 206.95; 209.06. |
---|
17 | 17 | | 1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
18 | 18 | | 1.18 Section 1. Minnesota Statutes 2024, section 201.061, subdivision 3, is amended to read: |
---|
19 | 19 | | 1.19 Subd. 3.Election day registration.(a) An individual who is eligible to vote may register |
---|
20 | 20 | | 1.20on election day by appearing in person at the polling place for the precinct in which the |
---|
21 | 21 | | 1.21individual maintains residence, by completing a registration application, making an oath in |
---|
22 | 22 | | 1.22the form prescribed by the secretary of state and providing proof of residence. An individual |
---|
23 | 23 | | 1.23may prove residence for purposes of registering by: |
---|
24 | 24 | | 1.24 (1) presenting a driver's license or Minnesota identification card issued pursuant to |
---|
25 | 25 | | 1.25section 171.07; |
---|
26 | 26 | | 1.26 (2) presenting any document approved by the secretary of state as proper identification; |
---|
27 | 27 | | 1Section 1. |
---|
28 | 28 | | REVISOR JFK/CH 25-0422503/03/25 |
---|
29 | 29 | | State of Minnesota |
---|
30 | 30 | | This Document can be made available |
---|
31 | 31 | | in alternative formats upon request |
---|
32 | 32 | | HOUSE OF REPRESENTATIVES |
---|
33 | 33 | | H. F. No. 2073 |
---|
34 | 34 | | NINETY-FOURTH SESSION |
---|
35 | 35 | | Authored by Freiberg03/10/2025 |
---|
36 | 36 | | The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations 2.1 (3) presenting a current student fee statement that contains the student's valid address |
---|
37 | 37 | | 2.2in the precinct together with a picture identification card; or |
---|
38 | 38 | | 2.3 (4) having a voter who is registered to vote in the precinct, or an employee who provides |
---|
39 | 39 | | 2.4proof that they are employed by and working in a residential facility in the precinct and |
---|
40 | 40 | | 2.5vouching for a resident in the facility, sign an oath in the presence of the election judge |
---|
41 | 41 | | 2.6vouching that the voter or employee personally knows that the individual is a resident of |
---|
42 | 42 | | 2.7the precinct. A voter who has been vouched for on election day may not sign a proof of |
---|
43 | 43 | | 2.8residence oath vouching for any other individual on that election day. A voter who is |
---|
44 | 44 | | 2.9registered to vote in the precinct may sign up to eight proof-of-residence oaths on any |
---|
45 | 45 | | 2.10election day. This limitation does not apply to an employee of a residential facility described |
---|
46 | 46 | | 2.11in this clause. The secretary of state shall provide a form for election judges to use in |
---|
47 | 47 | | 2.12recording the number of individuals for whom a voter signs proof-of-residence oaths on |
---|
48 | 48 | | 2.13election day. The form must include space for the maximum number of individuals for |
---|
49 | 49 | | 2.14whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form |
---|
50 | 50 | | 2.15must include a statement that the individual: (i) is registered to vote in the precinct or is an |
---|
51 | 51 | | 2.16employee of a residential facility in the precinct, (ii) personally knows that the voter is a |
---|
52 | 52 | | 2.17resident of the precinct, and (iii) is making the statement on oath. The form must include a |
---|
53 | 53 | | 2.18space for the voter's printed name, signature, telephone number, and address. |
---|
54 | 54 | | 2.19 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be |
---|
55 | 55 | | 2.20attached to the voter registration application. |
---|
56 | 56 | | 2.21 (b) The operator of a residential facility shall prepare a list of the names of its employees |
---|
57 | 57 | | 2.22currently working in the residential facility and the address of the residential facility. The |
---|
58 | 58 | | 2.23operator shall certify the list and provide it to the appropriate county auditor no less than |
---|
59 | 59 | | 2.2420 days before each election for use in election day registration. |
---|
60 | 60 | | 2.25 (c) (b) "Residential facility" means transitional housing as defined in section 256K.48, |
---|
61 | 61 | | 2.26subdivision 1; a supervised living facility licensed by the commissioner of health under |
---|
62 | 62 | | 2.27section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision |
---|
63 | 63 | | 2.285; an assisted living facility licensed by the commissioner of health under chapter 144G; a |
---|
64 | 64 | | 2.29veterans home operated by the board of directors of the Minnesota Veterans Homes under |
---|
65 | 65 | | 2.30chapter 198; a residence licensed by the commissioner of human services to provide a |
---|
66 | 66 | | 2.31residential program as defined in section 245A.02, subdivision 14; a residential facility for |
---|
67 | 67 | | 2.32persons with a developmental disability licensed by the commissioner of human services |
---|
68 | 68 | | 2.33under section 252.28; setting authorized to provide housing support as defined in section |
---|
69 | 69 | | 2.34256I.03, subdivision 10a; a shelter for battered women as defined in section 611A.37, |
---|
70 | 70 | | 2.35subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to |
---|
71 | 71 | | 2Section 1. |
---|
72 | 72 | | REVISOR JFK/CH 25-0422503/03/25 3.1provide temporary living accommodations for the homeless; a facility where a provider |
---|
73 | 73 | | 3.2operates a residential treatment program as defined in section 245.462, subdivision 23; or |
---|
74 | 74 | | 3.3a facility where a provider operates an adult foster care program as defined in section |
---|
75 | 75 | | 3.4245A.02, subdivision 6c. |
---|
76 | 76 | | 3.5 (d) (c) For tribal band members, an individual may prove residence for purposes of |
---|
77 | 77 | | 3.6registering by: |
---|
78 | 78 | | 3.7 (1) presenting an identification card issued by the tribal government of a tribe recognized |
---|
79 | 79 | | 3.8by the Bureau of Indian Affairs, United States Department of the Interior, that contains the |
---|
80 | 80 | | 3.9name, address, signature, and picture of the individual; or |
---|
81 | 81 | | 3.10 (2) presenting an identification card issued by the tribal government of a tribe recognized |
---|
82 | 82 | | 3.11by the Bureau of Indian Affairs, United States Department of the Interior, that contains the |
---|
83 | 83 | | 3.12name, signature, and picture of the individual and also presenting one of the documents |
---|
84 | 84 | | 3.13listed in Minnesota Rules, part 8200.5100, subpart 2, item B. |
---|
85 | 85 | | 3.14 (e) (d) A county, school district, or municipality may require that an election judge |
---|
86 | 86 | | 3.15responsible for election day registration initial each completed registration application. |
---|
87 | 87 | | 3.16 Sec. 2. Minnesota Statutes 2024, section 201.061, subdivision 3a, is amended to read: |
---|
88 | 88 | | 3.17 Subd. 3a.Additional proofs of residence permitted for students.(a) If an eligible |
---|
89 | 89 | | 3.18voter's name; student identification number, if available; and address within the precinct |
---|
90 | 90 | | 3.19appear on a current residential housing list under section 135A.17 certified to the county |
---|
91 | 91 | | 3.20auditor by the postsecondary educational institution, the voter may prove residence by |
---|
92 | 92 | | 3.21presenting a current valid photo identification issued by a postsecondary educational |
---|
93 | 93 | | 3.22institution in Minnesota; identification authorized in subdivision 3, paragraph (a), clause |
---|
94 | 94 | | 3.23(1) or (2); or identification authorized in subdivision 3, paragraph (d) (c), clause (1) or (2). |
---|
95 | 95 | | 3.24 (b) This additional proof of residence for students must not be allowed unless the |
---|
96 | 96 | | 3.25postsecondary educational institution submits to the county auditor no later than 60 days |
---|
97 | 97 | | 3.26prior to the election a written agreement that the postsecondary educational institution will |
---|
98 | 98 | | 3.27certify for use at the election accurate updated residential housing lists under section 135A.17. |
---|
99 | 99 | | 3.28A written agreement is effective for the election and all subsequent elections held in that |
---|
100 | 100 | | 3.29calendar year, including the November general election. |
---|
101 | 101 | | 3.30 (c) The additional proof of residence for students must be allowed on an equal basis for |
---|
102 | 102 | | 3.31voters who reside in housing meeting the requirements of section 135A.17, if the residential |
---|
103 | 103 | | 3.32housing lists certified by the postsecondary educational institution meet the requirements |
---|
104 | 104 | | 3.33of this subdivision. |
---|
105 | 105 | | 3Sec. 2. |
---|
106 | 106 | | REVISOR JFK/CH 25-0422503/03/25 4.1 (d) An updated residential housing list must be certified to the county auditor no later |
---|
107 | 107 | | 4.2than 20 days prior to each election. The certification must be dated and signed by the chief |
---|
108 | 108 | | 4.3officer or designee of the postsecondary educational institution and must state that the list |
---|
109 | 109 | | 4.4is current and accurate and includes only the names of persons residing in the institution's |
---|
110 | 110 | | 4.5housing and, for students who do not live in the institution's housing, that it reflects the |
---|
111 | 111 | | 4.6institution's records as of the date of the certification. |
---|
112 | 112 | | 4.7 (e) This additional proof of residence for students must be allowed during the 18 days |
---|
113 | 113 | | 4.8before an election and on election day. The county auditor shall instruct the election judges |
---|
114 | 114 | | 4.9of the precinct in procedures for use of the list in conjunction with photo identification. The |
---|
115 | 115 | | 4.10auditor shall supply a list to the election judges with the election supplies for the precinct. |
---|
116 | 116 | | 4.11 (f) The county auditor shall notify all postsecondary educational institutions in the county |
---|
117 | 117 | | 4.12of the provisions of this subdivision. |
---|
118 | 118 | | 4.13 Sec. 3. Minnesota Statutes 2024, section 201.071, subdivision 1, is amended to read: |
---|
119 | 119 | | 4.14 Subdivision 1.Form.Both paper and electronic voter registration applications must |
---|
120 | 120 | | 4.15contain the same information unless otherwise provided by law. A voter registration |
---|
121 | 121 | | 4.16application must contain spaces for the following required information: voter's first name, |
---|
122 | 122 | | 4.17middle name, and last name; voter's previous name, if any; voter's current address; voter's |
---|
123 | 123 | | 4.18previous address, if any; voter's date of birth; voter's municipality and county of residence; |
---|
124 | 124 | | 4.19voter's telephone number, if provided by the voter; date of registration; current and valid |
---|
125 | 125 | | 4.20Minnesota driver's license number or Minnesota state identification number, or if the voter |
---|
126 | 126 | | 4.21has no current and valid Minnesota driver's license or Minnesota state identification, the |
---|
127 | 127 | | 4.22last four digits of the voter's Social Security number; a box to indicate a voter's preference |
---|
128 | 128 | | 4.23to join the permanent absentee voter list; and voter's signature. The paper registration |
---|
129 | 129 | | 4.24application must provide a space for a voter to provide a physical description of the location |
---|
130 | 130 | | 4.25of their residence, if the voter resides in an area lacking a specific physical address. The |
---|
131 | 131 | | 4.26description must be sufficient for the county auditor to identify the correct precinct for the |
---|
132 | 132 | | 4.27voter. The description may include the closest cross street or the nearest address to the |
---|
133 | 133 | | 4.28described location that is identified on a precinct map, and directions from that cross street |
---|
134 | 134 | | 4.29or address to the described location, including but not limited to the cardinal direction and |
---|
135 | 135 | | 4.30approximate distance to the location. The paper registration application may include the |
---|
136 | 136 | | 4.31voter's email address, if provided by the voter. The electronic voter registration application |
---|
137 | 137 | | 4.32must include the voter's email address. The registration application may include the voter's |
---|
138 | 138 | | 4.33interest in serving as an election judge, if indicated by the voter. The application must also |
---|
139 | 139 | | 4.34contain the following certification of voter eligibility: |
---|
140 | 140 | | 4Sec. 3. |
---|
141 | 141 | | REVISOR JFK/CH 25-0422503/03/25 5.1 "I certify that I: |
---|
142 | 142 | | 5.2 (1) am at least 16 years old and understand that I must be at least 18 years old to be |
---|
143 | 143 | | 5.3eligible to vote; |
---|
144 | 144 | | 5.4 (2) am a citizen of the United States; |
---|
145 | 145 | | 5.5 (3) will have maintained residence in Minnesota for 20 days immediately preceding |
---|
146 | 146 | | 5.6election day; |
---|
147 | 147 | | 5.7 (4) maintain residence at the address or location given on the registration form; |
---|
148 | 148 | | 5.8 (5) am not under court-ordered guardianship in which the court order revokes my right |
---|
149 | 149 | | 5.9to vote; |
---|
150 | 150 | | 5.10 (6) have not been found by a court to be legally incompetent to vote; |
---|
151 | 151 | | 5.11 (7) am not currently incarcerated for a conviction of a felony offense; and |
---|
152 | 152 | | 5.12 (8) have read and understand the following statement: that giving false information is a |
---|
153 | 153 | | 5.13felony punishable by not more than five years imprisonment or a fine of not more than |
---|
154 | 154 | | 5.14$10,000, or both." |
---|
155 | 155 | | 5.15 The certification must include boxes for the voter to respond to the following questions: |
---|
156 | 156 | | 5.16 "(1) Are you a citizen of the United States?" and |
---|
157 | 157 | | 5.17 "(2) Are you at least 16 years old and will you be at least 18 years old on or before the |
---|
158 | 158 | | 5.18day of the election in which you intend to vote?" |
---|
159 | 159 | | 5.19 And the instruction: |
---|
160 | 160 | | 5.20 "If you checked 'no' to either of these questions, do not complete this form." |
---|
161 | 161 | | 5.21 The form of the voter registration application and the certification of voter eligibility |
---|
162 | 162 | | 5.22must be as provided in this subdivision and approved by the secretary of state. Voter |
---|
163 | 163 | | 5.23registration forms authorized by the National Voter Registration Act must also be accepted |
---|
164 | 164 | | 5.24as valid. The federal postcard application form must also be accepted as valid if it is not |
---|
165 | 165 | | 5.25deficient and the voter is eligible to register in Minnesota. |
---|
166 | 166 | | 5.26 An individual may use a voter registration application to apply to register to vote in |
---|
167 | 167 | | 5.27Minnesota or to change information on an existing registration. |
---|
168 | 168 | | 5.28 Sec. 4. Minnesota Statutes 2024, section 203B.04, subdivision 1, is amended to read: |
---|
169 | 169 | | 5.29 Subdivision 1.Application procedures.(a) Except as otherwise allowed by subdivision |
---|
170 | 170 | | 5.302 or by section 203B.11, subdivision 4, an application for absentee ballots for any election |
---|
171 | 171 | | 5Sec. 4. |
---|
172 | 172 | | REVISOR JFK/CH 25-0422503/03/25 6.1may be submitted at any time not less than one day before the day of that election. The |
---|
173 | 173 | | 6.2county auditor shall prepare absentee ballot application forms in the format provided by the |
---|
174 | 174 | | 6.3secretary of state and shall furnish them to any person on request. By January 1 of each |
---|
175 | 175 | | 6.4even-numbered year, the secretary of state shall make the forms to be used available to |
---|
176 | 176 | | 6.5auditors through electronic means. An application submitted pursuant to this subdivision |
---|
177 | 177 | | 6.6shall be in writing. An application may be submitted in person, by electronic facsimile |
---|
178 | 178 | | 6.7device, by electronic mail, or by mail to: |
---|
179 | 179 | | 6.8 (1) the county auditor of the county where the applicant maintains residence; or |
---|
180 | 180 | | 6.9 (2) the municipal clerk of the municipality, or school district if applicable, where the |
---|
181 | 181 | | 6.10applicant maintains residence. |
---|
182 | 182 | | 6.11 (b) An absentee ballot application may alternatively be submitted electronically through |
---|
183 | 183 | | 6.12a secure website that shall be maintained by the secretary of state for this purpose. |
---|
184 | 184 | | 6.13Notwithstanding paragraph (d), the secretary of state must require applicants using the |
---|
185 | 185 | | 6.14website to submit the applicant's email address and verifiable Minnesota driver's license |
---|
186 | 186 | | 6.15number, Minnesota state identification card number, or the last four digits of the applicant's |
---|
187 | 187 | | 6.16Social Security number. This paragraph does not apply to a town election held in March. |
---|
188 | 188 | | 6.17 (c) An application submitted electronically under this paragraph may only be transmitted |
---|
189 | 189 | | 6.18to the county auditor for processing if the secretary of state has verified the application |
---|
190 | 190 | | 6.19information matches the information in a government database associated with the applicant's |
---|
191 | 191 | | 6.20driver's license number, state identification card number, or Social Security number. The |
---|
192 | 192 | | 6.21secretary of state must review all unverifiable applications for evidence of suspicious activity |
---|
193 | 193 | | 6.22and must forward any such application to an appropriate law enforcement agency for |
---|
194 | 194 | | 6.23investigation. |
---|
195 | 195 | | 6.24 (d) An application shall be approved if it is timely received, signed and dated by the |
---|
196 | 196 | | 6.25applicant, contains the applicant's name and residence and mailing addresses, date of birth, |
---|
197 | 197 | | 6.26and at least one of the following: |
---|
198 | 198 | | 6.27 (1) the applicant's Minnesota driver's license number; |
---|
199 | 199 | | 6.28 (2) Minnesota state identification card number; |
---|
200 | 200 | | 6.29 (3) the last four digits of the applicant's Social Security number; or |
---|
201 | 201 | | 6.30 (4) a statement that the applicant does not have any of these numbers. |
---|
202 | 202 | | 6.31 (e) To be approved, the application must contain an oath that the information contained |
---|
203 | 203 | | 6.32on the form is accurate, that the applicant is applying on the applicant's own behalf, and |
---|
204 | 204 | | 6.33that the applicant is signing the form under penalty of perjury. |
---|
205 | 205 | | 6Sec. 4. |
---|
206 | 206 | | REVISOR JFK/CH 25-0422503/03/25 7.1 (f) An applicant's full date of birth, Minnesota driver's license or state identification |
---|
207 | 207 | | 7.2number, and the last four digits of the applicant's Social Security number must not be made |
---|
208 | 208 | | 7.3available for public inspection. An application may be submitted to the county auditor or |
---|
209 | 209 | | 7.4municipal clerk by an electronic facsimile device. An application mailed or returned in |
---|
210 | 210 | | 7.5person to the county auditor or municipal clerk on behalf of a voter by a person other than |
---|
211 | 211 | | 7.6the voter must be deposited in the mail or returned in person to the county auditor or |
---|
212 | 212 | | 7.7municipal clerk within ten days after it has been dated by the voter and no later than six |
---|
213 | 213 | | 7.8days before the election. |
---|
214 | 214 | | 7.9 (g) An application under this subdivision may must contain an application under |
---|
215 | 215 | | 7.10subdivision 5 a space to apply to automatically receive an absentee ballot under subdivision |
---|
216 | 216 | | 7.115. |
---|
217 | 217 | | 7.12 Sec. 5. Minnesota Statutes 2024, section 203B.05, subdivision 1, is amended to read: |
---|
218 | 218 | | 7.13 Subdivision 1.Generally.The full-time clerk of any city or town shall administer the |
---|
219 | 219 | | 7.14provisions of sections 203B.04 to 203B.15 and 203B.30 if: |
---|
220 | 220 | | 7.15 (1) the county auditor of that county has designated the clerk to administer them; or |
---|
221 | 221 | | 7.16 (2) the clerk has given the county auditor of that county notice of intention to administer |
---|
222 | 222 | | 7.17them. |
---|
223 | 223 | | 7.18 The designation or notice must specify whether the clerk will be responsible for the |
---|
224 | 224 | | 7.19administration of a ballot board as provided in section 203B.121 and whether the |
---|
225 | 225 | | 7.20municipality's office will be designated an absentee voting location pursuant to section |
---|
226 | 226 | | 7.21203B.081, subdivision 1, or only for early voting pursuant to section 203B.081, subdivision |
---|
227 | 227 | | 7.221a. |
---|
228 | 228 | | 7.23 A clerk of a city that is located in more than one county may only administer the |
---|
229 | 229 | | 7.24provisions of sections 203B.04 to 203B.15 and 203B.30 if the clerk has been designated |
---|
230 | 230 | | 7.25by each of the county auditors or has provided notice to each of the county auditors that the |
---|
231 | 231 | | 7.26city will administer absentee voting. A clerk may only administer the provisions of sections |
---|
232 | 232 | | 7.27203B.04 to 203B.15 and 203B.30 if the clerk has technical capacity to access the statewide |
---|
233 | 233 | | 7.28voter registration system in the secure manner prescribed by the secretary of state. The |
---|
234 | 234 | | 7.29secretary of state must identify hardware, software, security, or other technical prerequisites |
---|
235 | 235 | | 7.30necessary to ensure the security, access controls, and performance of the statewide voter |
---|
236 | 236 | | 7.31registration system. A clerk must receive training approved by the secretary of state on the |
---|
237 | 237 | | 7.32use of the statewide voter registration system before administering this section. A clerk may |
---|
238 | 238 | | 7.33not use the statewide voter registration system until the clerk has received the required |
---|
239 | 239 | | 7Sec. 5. |
---|
240 | 240 | | REVISOR JFK/CH 25-0422503/03/25 8.1training. The county auditor must notify the secretary of state of any municipal clerk who |
---|
241 | 241 | | 8.2will be administering the provisions of this section and the duties that the clerk will |
---|
242 | 242 | | 8.3administer. |
---|
243 | 243 | | 8.4 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of |
---|
244 | 244 | | 8.5the early voting certification and applies to elections held on or after the 85th day after the |
---|
245 | 245 | | 8.6revisor of statutes receives the certification, whichever is later. |
---|
246 | 246 | | 8.7 Sec. 6. Minnesota Statutes 2024, section 203B.08, subdivision 1, is amended to read: |
---|
247 | 247 | | 8.8 Subdivision 1.Marking and return by voter.(a) An eligible voter who receives absentee |
---|
248 | 248 | | 8.9ballots as provided in this chapter shall mark them in the manner specified in the directions |
---|
249 | 249 | | 8.10for casting the absentee ballots. The return signature envelope containing marked ballots |
---|
250 | 250 | | 8.11may be mailed as provided in the directions for casting the absentee ballots, may be left |
---|
251 | 251 | | 8.12with the county auditor or municipal clerk who transmitted the absentee ballots to the voter, |
---|
252 | 252 | | 8.13or may be left in a drop box as provided in section 203B.082. If delivered in person, the |
---|
253 | 253 | | 8.14return signature envelope must be submitted to the county auditor or municipal clerk by |
---|
254 | 254 | | 8.158:00 p.m. on election day. |
---|
255 | 255 | | 8.16 (b) The voter may designate an agent to deliver in person the sealed absentee ballot |
---|
256 | 256 | | 8.17return signature envelope to the county auditor or municipal clerk or to deposit the return |
---|
257 | 257 | | 8.18signature envelope in the mail. An agent may deliver or mail the return signature envelopes |
---|
258 | 258 | | 8.19of not more than three voters in any election. Any person designated as an agent who tampers |
---|
259 | 259 | | 8.20with either the return signature envelope or the voted ballots or does not immediately mail |
---|
260 | 260 | | 8.21or deliver the return signature envelope to the county auditor or municipal clerk is guilty |
---|
261 | 261 | | 8.22of a misdemeanor. |
---|
262 | 262 | | 8.23 Sec. 7. Minnesota Statutes 2024, section 203B.08, subdivision 3, is amended to read: |
---|
263 | 263 | | 8.24 Subd. 3.Procedures on receipt of ballots.When absentee ballots are returned to a |
---|
264 | 264 | | 8.25county auditor or municipal clerk, that official shall stamp or initial and date the return |
---|
265 | 265 | | 8.26signature envelope and place it in a locked ballot container or other secured and locked |
---|
266 | 266 | | 8.27space with other return signature envelopes received by that office. Within five days after |
---|
267 | 267 | | 8.28receipt, the county auditor or municipal clerk shall deliver to the ballot board all ballots |
---|
268 | 268 | | 8.29signature envelopes received, except that during the 14 days immediately preceding an |
---|
269 | 269 | | 8.30election, the county auditor or municipal clerk shall deliver all ballots signature envelopes |
---|
270 | 270 | | 8.31received to the ballot board within three days. Ballots Signature envelopes received on |
---|
271 | 271 | | 8.32election day after 8:00 p.m. shall be marked as received late by the county auditor or |
---|
272 | 272 | | 8.33municipal clerk, and must not be delivered to the ballot board. |
---|
273 | 273 | | 8Sec. 7. |
---|
274 | 274 | | REVISOR JFK/CH 25-0422503/03/25 9.1 Sec. 8. Minnesota Statutes 2024, section 203B.081, subdivision 4, is amended to read: |
---|
275 | 275 | | 9.2 Subd. 4.Temporary locations.(a) A county auditor or municipal clerk authorized under |
---|
276 | 276 | | 9.3section 203B.05 to administer voting before election day may designate additional polling |
---|
277 | 277 | | 9.4places with days and hours that differ from those required by section 203B.085. A designation |
---|
278 | 278 | | 9.5authorized by this subdivision must be made at least 47 days before the election. The county |
---|
279 | 279 | | 9.6auditor or municipal clerk must provide notice to the secretary of state at the time that the |
---|
280 | 280 | | 9.7designations are made. |
---|
281 | 281 | | 9.8 (b) At the request of a federally recognized Indian Tribe with a reservation or |
---|
282 | 282 | | 9.9off-reservation Tribal lands in the county, the county auditor must establish an additional |
---|
283 | 283 | | 9.10polling place for at least one day on the Indian reservation or off-reservation Tribal lands |
---|
284 | 284 | | 9.11on a site agreed upon by the Tribe and the county auditor that is accessible to the county |
---|
285 | 285 | | 9.12auditor by a public road. |
---|
286 | 286 | | 9.13 (c) At the request of a postsecondary institution or the student government organization |
---|
287 | 287 | | 9.14of a postsecondary institution in the county or municipality, the county auditor or a municipal |
---|
288 | 288 | | 9.15clerk authorized to administer absentee voting under section 203B.05 must establish an |
---|
289 | 289 | | 9.16additional temporary polling place for the state general election or the odd-year city general |
---|
290 | 290 | | 9.17election for at least one day at a location agreed upon by the institution and the county |
---|
291 | 291 | | 9.18auditor or municipal clerk that: |
---|
292 | 292 | | 9.19 (1) is accessible to the public; |
---|
293 | 293 | | 9.20 (2) satisfies the requirements of state and federal law; and |
---|
294 | 294 | | 9.21 (3) is on the institution's campus or is within one-half mile of the institution's campus |
---|
295 | 295 | | 9.22and is reasonably accessible to the institution's students. |
---|
296 | 296 | | 9.23A request must be made no later than May 31 before an election and the request is valid |
---|
297 | 297 | | 9.24only for that election. This paragraph only applies to a postsecondary institution that provides |
---|
298 | 298 | | 9.25on-campus student housing to 100 or more students. Nothing in this paragraph prevents the |
---|
299 | 299 | | 9.26county auditor or municipal clerk from engaging in a dialogue with the entity that made the |
---|
300 | 300 | | 9.27request regarding potential alternative locations for a temporary polling place that does not |
---|
301 | 301 | | 9.28meet the requirements of clause (3). An entity that made a request for a temporary polling |
---|
302 | 302 | | 9.29place may withdraw its request by notifying the county auditor or municipal clerk. |
---|
303 | 303 | | 9.30 Sec. 9. Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read: |
---|
304 | 304 | | 9.31 Subd. 4.Opening of envelopes.(a) After the close of business on the 19th day before |
---|
305 | 305 | | 9.32the election, the ballots from secrecy ballot envelopes within the signature envelopes marked |
---|
306 | 306 | | 9.33"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, |
---|
307 | 307 | | 9Sec. 9. |
---|
308 | 308 | | REVISOR JFK/CH 25-0422503/03/25 10.1subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate |
---|
309 | 309 | | 10.2ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must |
---|
310 | 310 | | 10.3be returned in the manner provided by section 204C.25 for return of spoiled ballots, and |
---|
311 | 311 | | 10.4may not be counted. |
---|
312 | 312 | | 10.5 (b) Accepted signature envelopes must be segregated by precinct and processed in |
---|
313 | 313 | | 10.6accordance with this subdivision on a precinct-by-precinct basis. Precincts within a |
---|
314 | 314 | | 10.7combination polling place established in section 205A.11, subdivision 2, may be processed |
---|
315 | 315 | | 10.8together. At each step, members of the ballot board must notify the official responsible for |
---|
316 | 316 | | 10.9the ballot board if there is a discrepancy in the count. Any discrepancy must be noted in the |
---|
317 | 317 | | 10.10ballot board incident log. |
---|
318 | 318 | | 10.11 (c) Before opening accepted signature envelopes, two members of the ballot board must |
---|
319 | 319 | | 10.12count and record the number of envelopes and ensure that the count matches either the |
---|
320 | 320 | | 10.13number of accepted signature envelopes provided by the official responsible for the ballot |
---|
321 | 321 | | 10.14board or the number of signature envelopes accepted by the ballot board that day. |
---|
322 | 322 | | 10.15 (d) After ballot envelopes have been removed from the signature envelopes, two members |
---|
323 | 323 | | 10.16of the ballot board must count and record the number of ballot envelopes to ensure the count |
---|
324 | 324 | | 10.17matches the number of accepted signature envelopes. Any discrepancy must be noted in |
---|
325 | 325 | | 10.18the ballot board incident log. The governing body responsible for the ballot board must |
---|
326 | 326 | | 10.19retain all ballot envelopes through the contest period of that election. |
---|
327 | 327 | | 10.20 (e) After ballots have been removed from the ballot envelopes, two members of the |
---|
328 | 328 | | 10.21ballot board must count and record the number of ballots to ensure the count matches the |
---|
329 | 329 | | 10.22number of accepted signature envelopes, accounting for any empty envelopes or spoiled |
---|
330 | 330 | | 10.23ballots, which must be noted on the ballot board incident log. |
---|
331 | 331 | | 10.24Sec. 10. Minnesota Statutes 2024, section 203B.121, subdivision 5, is amended to read: |
---|
332 | 332 | | 10.25 Subd. 5.Storage and counting of absentee ballots.(a) On a day on which absentee |
---|
333 | 333 | | 10.26ballots are inserted into a ballot box, two members of the ballot board must: |
---|
334 | 334 | | 10.27 (1) remove the ballots from the ballot box at the end of the day; |
---|
335 | 335 | | 10.28 (2) without inspecting the ballots, ensure that the number of ballots removed from the |
---|
336 | 336 | | 10.29ballot box is equal to the number of voters whose absentee ballots were accepted from the |
---|
337 | 337 | | 10.30tally in subdivision 4 that were to be inserted into the ballot box that day; and |
---|
338 | 338 | | 10.31 (3) seal and secure all voted and unvoted ballots present in that location at the end of |
---|
339 | 339 | | 10.32the day. |
---|
340 | 340 | | 10Sec. 10. |
---|
341 | 341 | | REVISOR JFK/CH 25-0422503/03/25 11.1 (b) After the polls have closed on election day, two members of the ballot board must |
---|
342 | 342 | | 11.2count the ballots, tabulating the vote in a manner that indicates each vote of the voter and |
---|
343 | 343 | | 11.3the total votes cast for each candidate or question. In state primary and state general elections, |
---|
344 | 344 | | 11.4the results must indicate the total votes cast for each candidate or question in each precinct |
---|
345 | 345 | | 11.5and report the vote totals tabulated for each precinct. The count must be recorded on a |
---|
346 | 346 | | 11.6summary statement in substantially the same format as provided in section 204C.26. The |
---|
347 | 347 | | 11.7ballot board shall must submit at least one completed summary statement to the county |
---|
348 | 348 | | 11.8auditor or municipal clerk. The county auditor or municipal clerk may require the ballot |
---|
349 | 349 | | 11.9board to submit a sufficient number of completed summary statements to comply with the |
---|
350 | 350 | | 11.10provisions of section 204C.27, or the county auditor or municipal clerk may certify reports |
---|
351 | 351 | | 11.11containing the details of the ballot board summary statement to the recipients of the summary |
---|
352 | 352 | | 11.12statements designated in section 204C.27. |
---|
353 | 353 | | 11.13 In state primary and state general elections, These vote totals shall must be added to the |
---|
354 | 354 | | 11.14vote totals on the summary statements of the returns for the appropriate precinct. In other |
---|
355 | 355 | | 11.15elections, these vote totals may be added to the vote totals on the summary statement of |
---|
356 | 356 | | 11.16returns for the appropriate precinct or may be reported as a separate total. |
---|
357 | 357 | | 11.17 The count shall must be public. No vote totals from ballots may be made public before |
---|
358 | 358 | | 11.18the close of voting on election day. |
---|
359 | 359 | | 11.19 (c) In addition to the requirements of paragraphs (a) and (b), if the task has not been |
---|
360 | 360 | | 11.20completed previously, the members of the ballot board must verify as soon as possible, but |
---|
361 | 361 | | 11.21no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots |
---|
362 | 362 | | 11.22arrived after the rosters were marked or supplemental reports were generated and whose |
---|
363 | 363 | | 11.23ballots were accepted did not vote in person on election day. An absentee ballot submitted |
---|
364 | 364 | | 11.24by a voter who has voted in person on election day must be rejected. All other accepted |
---|
365 | 365 | | 11.25absentee ballots must be opened in accordance with the procedures outlined in subdivision |
---|
366 | 366 | | 11.264, except for the absentee ballots cast using the alternative procedure in section 203B.081, |
---|
367 | 367 | | 11.27subdivision 3, duplicated if necessary, and counted by members of the ballot board. The |
---|
368 | 368 | | 11.28vote totals from these ballots must be incorporated into the totals with the other absentee |
---|
369 | 369 | | 11.29ballots and handled according to paragraph (b). |
---|
370 | 370 | | 11.30Sec. 11. Minnesota Statutes 2024, section 203B.30, subdivision 3, is amended to read: |
---|
371 | 371 | | 11.31 Subd. 3.Processing of ballots.At the end of each day when early voting occurs, the |
---|
372 | 372 | | 11.32early voting officials must: |
---|
373 | 373 | | 11Sec. 11. |
---|
374 | 374 | | REVISOR JFK/CH 25-0422503/03/25 12.1 (1) remove and secure ballots cast during the early voting period following the procedures |
---|
375 | 375 | | 12.2in section 203B.121, subdivision 5, paragraph (a). that day, noting the date, voting location, |
---|
376 | 376 | | 12.3and number of ballots cast; |
---|
377 | 377 | | 12.4 (2) without inspecting the ballots, ensure that the number of ballots removed from the |
---|
378 | 378 | | 12.5ballot box is equal to the number of voter certificates that were signed by voters in subdivision |
---|
379 | 379 | | 12.62, paragraph (b); and |
---|
380 | 380 | | 12.7 (3) seal and secure all voted and unvoted ballots present in that location at the end of |
---|
381 | 381 | | 12.8the day. |
---|
382 | 382 | | 12.9 The absentee ballot board must count the ballots after the polls have closed on election |
---|
383 | 383 | | 12.10day following the procedures in section 203B.121, subdivision 5, paragraph (b). |
---|
384 | 384 | | 12.11 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of |
---|
385 | 385 | | 12.12the early voting certification and applies to elections held on or after the 85th day after the |
---|
386 | 386 | | 12.13revisor of statutes receives the certification, whichever is later. |
---|
387 | 387 | | 12.14Sec. 12. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read: |
---|
388 | 388 | | 12.15 Subd. 1b.Address, electronic mail address, and telephone number.(a) An affidavit |
---|
389 | 389 | | 12.16of candidacy must state a telephone number where the candidate can be contacted. An |
---|
390 | 390 | | 12.17affidavit must also state the candidate's or campaign's nongovernment issued electronic |
---|
391 | 391 | | 12.18mail address or an attestation that the candidate and the candidate's campaign do not possess |
---|
392 | 392 | | 12.19an electronic mail address. Except for affidavits of candidacy for (1) judicial office, (2) the |
---|
393 | 393 | | 12.20office of county attorney, or (3) county sheriff, an affidavit must also state the candidate's |
---|
394 | 394 | | 12.21current address of residence as determined under section 200.031, or at the candidate's |
---|
395 | 395 | | 12.22request in accordance with paragraph (c), the candidate's campaign contact address. When |
---|
396 | 396 | | 12.23filing the affidavit, the candidate must present the filing officer with the candidate's valid |
---|
397 | 397 | | 12.24driver's license or state identification card that contains the candidate's current address of |
---|
398 | 398 | | 12.25residence, or documentation of proof of residence authorized for election day registration |
---|
399 | 399 | | 12.26in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item (ii); or paragraph |
---|
400 | 400 | | 12.27(d). If an original bill is shown, the due date on the bill must be within 30 days before or |
---|
401 | 401 | | 12.28after the beginning of the filing period or, for bills without a due date, dated within 30 days |
---|
402 | 402 | | 12.29before the beginning of the filing period. If the address on the affidavit and the documentation |
---|
403 | 403 | | 12.30do not match, the filing officer must not accept the affidavit. The form for the affidavit of |
---|
404 | 404 | | 12.31candidacy must allow the candidate to request, if eligible, that the candidate's address of |
---|
405 | 405 | | 12.32residence be classified as private data, and to provide the certification required under |
---|
406 | 406 | | 12.33paragraph (c) for classification of that address. |
---|
407 | 407 | | 12Sec. 12. |
---|
408 | 408 | | REVISOR JFK/CH 25-0422503/03/25 13.1 (b) If an affidavit for an office where a residency requirement must be satisfied by the |
---|
409 | 409 | | 13.2close of the filing period is filed as provided by paragraph (c), the filing officer must, within |
---|
410 | 410 | | 13.3one business day of receiving the filing, determine whether the address provided in the |
---|
411 | 411 | | 13.4affidavit of candidacy is within the area represented by the office the candidate is seeking. |
---|
412 | 412 | | 13.5For all other candidates who filed for an office whose residency requirement must be satisfied |
---|
413 | 413 | | 13.6by the close of the filing period, a registered voter in this state may request in writing that |
---|
414 | 414 | | 13.7the filing officer receiving the affidavit of candidacy review the address as provided in this |
---|
415 | 415 | | 13.8paragraph, at any time up to one day after the last day for filing for office. If requested, the |
---|
416 | 416 | | 13.9filing officer must determine whether the address provided in the affidavit of candidacy is |
---|
417 | 417 | | 13.10within the area represented by the office the candidate is seeking. If the filing officer |
---|
418 | 418 | | 13.11determines that the address is not within the area represented by the office, the filing officer |
---|
419 | 419 | | 13.12must immediately notify the candidate and the candidate's name must be removed from the |
---|
420 | 420 | | 13.13ballot for that office. A determination made by a filing officer under this paragraph is subject |
---|
421 | 421 | | 13.14to judicial review under section 204B.44. |
---|
422 | 422 | | 13.15 (c) If the candidate requests that the candidate's address of residence be classified as |
---|
423 | 423 | | 13.16private data, the candidate must list the candidate's address of residence on a separate form |
---|
424 | 424 | | 13.17to be attached to the affidavit. The candidate must also certify on the affidavit that either: |
---|
425 | 425 | | 13.18(1) a police report has been submitted, an order for protection has been issued, or the |
---|
426 | 426 | | 13.19candidate has a reasonable fear in regard to the safety of the candidate or the candidate's |
---|
427 | 427 | | 13.20family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The |
---|
428 | 428 | | 13.21address of residence provided by a candidate who makes a request for classification on the |
---|
429 | 429 | | 13.22candidate's affidavit of candidacy and provides the certification required by this paragraph |
---|
430 | 430 | | 13.23is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed |
---|
431 | 431 | | 13.24by the filing officer as provided in this subdivision. |
---|
432 | 432 | | 13.25 (d) The requirements of this subdivision do not apply to affidavits of candidacy for a |
---|
433 | 433 | | 13.26candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff. |
---|
434 | 434 | | 13.27Sec. 13. Minnesota Statutes 2024, section 204B.09, subdivision 1a, is amended to read: |
---|
435 | 435 | | 13.28 Subd. 1a.Absent candidates.(a) A candidate for special district, county, state, or federal |
---|
436 | 436 | | 13.29office who will be absent from the state during the filing period may submit a properly |
---|
437 | 437 | | 13.30executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in |
---|
438 | 438 | | 13.31person to the filing officer. The candidate shall state in writing the reason for being unable |
---|
439 | 439 | | 13.32to submit the affidavit during the filing period. The affidavit, filing fee, if any, and petitions |
---|
440 | 440 | | 13.33must be submitted to the filing officer during the seven days immediately preceding the |
---|
441 | 441 | | 13Sec. 13. |
---|
442 | 442 | | REVISOR JFK/CH 25-0422503/03/25 14.1candidate's absence from the state. Nominating petitions may be signed during the 14 days |
---|
443 | 443 | | 14.2immediately preceding the date when the affidavit of candidacy is filed. |
---|
444 | 444 | | 14.3 (b) A candidate for special district, county, state, or federal office who will be absent |
---|
445 | 445 | | 14.4from the state during the entire filing period or who must leave the state for the remainder |
---|
446 | 446 | | 14.5of the filing period and who certifies to the secretary of state that the circumstances constitute |
---|
447 | 447 | | 14.6an emergency and were unforeseen, may submit a properly executed affidavit of candidacy |
---|
448 | 448 | | 14.7by facsimile device or by transmitting electronically a scanned image of the affidavit and |
---|
449 | 449 | | 14.8proof of residence required in section 204B.06, subdivision 1b, to the secretary of state |
---|
450 | 450 | | 14.9during the filing period. The candidate shall state in writing the specific reason for being |
---|
451 | 451 | | 14.10unable to submit the affidavit by mail or by hand during the filing period or in person prior |
---|
452 | 452 | | 14.11to the start of the filing period. The affidavit of candidacy, filing fee, if any, and any necessary |
---|
453 | 453 | | 14.12petitions must be received by the secretary of state by 5:00 p.m. on the last day for filing. |
---|
454 | 454 | | 14.13If the candidate is filing for a special district or county office, the secretary of state shall |
---|
455 | 455 | | 14.14forward the affidavit of candidacy, filing fee, if any, and any necessary petitions to the |
---|
456 | 456 | | 14.15appropriate filing officer. Copies of a proof of residence submitted under this subdivision |
---|
457 | 457 | | 14.16are private data. |
---|
458 | 458 | | 14.17Sec. 14. Minnesota Statutes 2024, section 204B.09, subdivision 2, is amended to read: |
---|
459 | 459 | | 14.18 Subd. 2.Other elections.Affidavits of candidacy and nominating petitions for city, |
---|
460 | 460 | | 14.19town or other elective offices shall be filed during the time and with the official specified |
---|
461 | 461 | | 14.20in chapter 205 or other applicable law or charter, except as provided for a special district |
---|
462 | 462 | | 14.21candidate under subdivision 1a. Affidavits of candidacy and applications filed on behalf of |
---|
463 | 463 | | 14.22eligible voters for school board office shall be filed during the time and with the official |
---|
464 | 464 | | 14.23specified in chapter 205A or other applicable law. Affidavits of candidacy, including proof |
---|
465 | 465 | | 14.24of residence required in section 204B.06, subdivision 1b, and nominating petitions filed |
---|
466 | 466 | | 14.25under this subdivision must be submitted by mail or by hand, notwithstanding chapter 325L, |
---|
467 | 467 | | 14.26or any other law to the contrary, and must be received by the appropriate official within the |
---|
468 | 468 | | 14.27specified time for the filing of affidavits and petitions for the office. Copies of a proof of |
---|
469 | 469 | | 14.28residence submitted by mail are private data. |
---|
470 | 470 | | 14.29Sec. 15. Minnesota Statutes 2024, section 204B.14, subdivision 4a, is amended to read: |
---|
471 | 471 | | 14.30 Subd. 4a.Municipal boundary adjustment procedure.A change in the boundary of |
---|
472 | 472 | | 14.31an election precinct that has occurred as a result of a municipal boundary adjustment made |
---|
473 | 473 | | 14.32under chapter 414 that is effective more than 21 46 days before a regularly scheduled election |
---|
474 | 474 | | 14.33takes effect at the scheduled election. |
---|
475 | 475 | | 14Sec. 15. |
---|
476 | 476 | | REVISOR JFK/CH 25-0422503/03/25 15.1 A change in the boundary of an election precinct that has occurred as a result of a |
---|
477 | 477 | | 15.2municipal boundary adjustment made under chapter 414 that is effective less than 21 46 or |
---|
478 | 478 | | 15.3fewer days before a regularly scheduled election takes effect the day after the scheduled |
---|
479 | 479 | | 15.4election. |
---|
480 | 480 | | 15.5 Sec. 16. [204B.182] CHAIN OF CUSTODY PLANS. |
---|
481 | 481 | | 15.6 (a) The county auditor must develop a county elections chain of custody plan to be used |
---|
482 | 482 | | 15.7in all state, county, municipal, school district, and special district elections held in that |
---|
483 | 483 | | 15.8county. If any of the political subdivisions cross county lines, the affected counties must |
---|
484 | 484 | | 15.9make efforts to ensure that the elections chain of custody procedures affecting the local |
---|
485 | 485 | | 15.10jurisdiction are uniform throughout the jurisdiction. County auditors must file the elections |
---|
486 | 486 | | 15.11chain of custody plans with the secretary of state. |
---|
487 | 487 | | 15.12 (b) The chain of custody plan must account for both the physical and cyber security of |
---|
488 | 488 | | 15.13elections-related materials. The plan must include sample chain of custody documentation. |
---|
489 | 489 | | 15.14 (c) The secretary of state may provide additional guidance to counties on elections chain |
---|
490 | 490 | | 15.15of custody best practices and planning. |
---|
491 | 491 | | 15.16 (d) A municipal clerk, school district clerk, or special district clerk may create a local |
---|
492 | 492 | | 15.17chain of custody plan for use in local elections not held in conjunction with federal, state, |
---|
493 | 493 | | 15.18or county elections that meets or exceeds the requirements of the county elections chain of |
---|
494 | 494 | | 15.19custody plan. Any plan adopted under this paragraph must be adopted and filed with the |
---|
495 | 495 | | 15.20secretary of state at least 84 days before the first election in which it will be used. |
---|
496 | 496 | | 15.21 (e) Each political subdivision clerk who develops a local elections chain of custody plan |
---|
497 | 497 | | 15.22pursuant to paragraph (d) and each county auditor must review their respective elections |
---|
498 | 498 | | 15.23chain of custody plan prior to each state primary election. Any revisions to the elections |
---|
499 | 499 | | 15.24chain of custody plan must be completed and filed with the secretary of state by June 1 prior |
---|
500 | 500 | | 15.25to the state primary election. |
---|
501 | 501 | | 15.26 EFFECTIVE DATE.This section is effective the day following final enactment and |
---|
502 | 502 | | 15.27county auditors must file an elections chain of custody plan with the secretary of state by |
---|
503 | 503 | | 15.28September 1, 2025. |
---|
504 | 504 | | 15.29Sec. 17. Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read: |
---|
505 | 505 | | 15.30 Subdivision 1.Appointment lists; duties of political parties and secretary of state.(a) |
---|
506 | 506 | | 15.31On May March 1 in a year in which there is an election for a partisan political office, each |
---|
507 | 507 | | 15.32major political party shall must prepare a list of eligible voters who have indicated within |
---|
508 | 508 | | 15Sec. 17. |
---|
509 | 509 | | REVISOR JFK/CH 25-0422503/03/25 16.1the last 24 months they are willing to act as election judges in each election precinct. The |
---|
510 | 510 | | 16.2list provided by the party must indicate: |
---|
511 | 511 | | 16.3 (1) which eligible voters are willing to travel to a precinct outside of their home |
---|
512 | 512 | | 16.4jurisdiction to act as an election judge, and the jurisdictions to which each eligible voter is |
---|
513 | 513 | | 16.5willing to travel for that purpose; |
---|
514 | 514 | | 16.6 (2) which eligible voters are willing to serve on an absentee ballot board; and |
---|
515 | 515 | | 16.7 (3) each eligible voter's residential address, telephone number, and email address, along |
---|
516 | 516 | | 16.8with the date the eligible voter indicated their willingness to act as an election judge. |
---|
517 | 517 | | 16.9 (b) The political parties shall must furnish the lists electronically to the secretary of state, |
---|
518 | 518 | | 16.10in a format specified by the secretary of state. The secretary of state must combine the data |
---|
519 | 519 | | 16.11received from each political party under this subdivision and must process the data to locate |
---|
520 | 520 | | 16.12the precinct in which the address provided for each potential election judge is located. If |
---|
521 | 521 | | 16.13the data submitted by a political party is insufficient for the secretary of state to locate the |
---|
522 | 522 | | 16.14proper precinct or does not include the eligible voter's telephone number, email address, |
---|
523 | 523 | | 16.15and date the eligible voter indicated their willingness to act as an election judge, the |
---|
524 | 524 | | 16.16associated name must not appear in any list forwarded to an appointing authority under this |
---|
525 | 525 | | 16.17subdivision. The secretary of state shall must notify political parties of any proposed election |
---|
526 | 526 | | 16.18judges with addresses that could not be located in a precinct. |
---|
527 | 527 | | 16.19 (c) By May March 15, the secretary of state shall must furnish electronically to the |
---|
528 | 528 | | 16.20county auditor a list of the appropriate names for each election precinct and absentee ballot |
---|
529 | 529 | | 16.21board in the jurisdiction of the appointing authority, and a list of the names of individuals |
---|
530 | 530 | | 16.22residing outside of the jurisdiction who indicated a willingness to travel to that jurisdiction |
---|
531 | 531 | | 16.23to act as an election judge, noting the political party affiliation of each individual on the |
---|
532 | 532 | | 16.24list. The county auditor must promptly forward the appropriate names to the appropriate |
---|
533 | 533 | | 16.25municipal clerk within seven days of receipt. |
---|
534 | 534 | | 16.26Sec. 18. Minnesota Statutes 2024, section 204B.21, subdivision 2, is amended to read: |
---|
535 | 535 | | 16.27 Subd. 2.Appointing authority; powers and duties.(a) Election judges for precincts |
---|
536 | 536 | | 16.28in a municipality shall must be appointed by the governing body of the municipality. Election |
---|
537 | 537 | | 16.29judges for precincts in unorganized territory and for performing election-related duties |
---|
538 | 538 | | 16.30assigned by the county auditor shall must be appointed by the county board. Election judges |
---|
539 | 539 | | 16.31for a precinct composed of two or more municipalities must be appointed by the governing |
---|
540 | 540 | | 16.32body of the municipality or municipalities responsible for appointing election judges as |
---|
541 | 541 | | 16.33provided in the agreement to combine for election purposes. Except as otherwise provided |
---|
542 | 542 | | 16Sec. 18. |
---|
543 | 543 | | REVISOR JFK/CH 25-0422503/03/25 17.1in this section, appointments shall be made from At least two election judges in each precinct |
---|
544 | 544 | | 17.2and serving on the absentee ballot board must be affiliated with different major political |
---|
545 | 545 | | 17.3parties. Election judges must meet all eligibility requirements and other qualifications |
---|
546 | 546 | | 17.4established or authorized under section 204B.19. |
---|
547 | 547 | | 17.5 (b) The appointing authority must first exhaust the list of voters who maintain residence |
---|
548 | 548 | | 17.6in each precinct or, for appointment to an absentee ballot board, the list of voters who |
---|
549 | 549 | | 17.7maintain residence in a jurisdiction covered by the absentee ballot board, furnished pursuant |
---|
550 | 550 | | 17.8to subdivision 1, subject to the eligibility requirements and other qualifications established |
---|
551 | 551 | | 17.9or authorized under section 204B.19. At least two election judges in each precinct must be |
---|
552 | 552 | | 17.10affiliated with different major political parties. If no lists have been furnished or if additional |
---|
553 | 553 | | 17.11election judges are required after all listed names in that municipality have been exhausted, |
---|
554 | 554 | | 17.12the appointing authority may appoint other individuals who meet the qualifications to serve |
---|
555 | 555 | | 17.13as an election judge, including persons on the list furnished pursuant to subdivision 1 who |
---|
556 | 556 | | 17.14indicated a willingness to travel to the municipality, and persons who are not affiliated with |
---|
557 | 557 | | 17.15a major political party. before appointing other individuals who meet the qualifications to |
---|
558 | 558 | | 17.16serve as an election judge. An appointing authority may exhaust the list furnished pursuant |
---|
559 | 559 | | 17.17to subdivision 1 by: |
---|
560 | 560 | | 17.18 (1) contacting once each person who appears on the list; |
---|
561 | 561 | | 17.19 (2) identifying the opportunities available for the person to serve as an election judge; |
---|
562 | 562 | | 17.20 (3) including the qualifications necessary to serve as an election judge, information about |
---|
563 | 563 | | 17.21the required training, and the dates and times at which the person must be available to |
---|
564 | 564 | | 17.22perform those duties; and |
---|
565 | 565 | | 17.23 (4) explaining how the person may apply for appointment as an election judge. |
---|
566 | 566 | | 17.24Any person on the list furnished pursuant to subdivision 1 who does not respond to the |
---|
567 | 567 | | 17.25appointing authority within 14 days is deemed to have waived their interest in appointment |
---|
568 | 568 | | 17.26to any election judge position. |
---|
569 | 569 | | 17.27 (c) An individual who is appointed from a source other than the list furnished pursuant |
---|
570 | 570 | | 17.28to subdivision 1 must provide to the appointing authority the individual's major political |
---|
571 | 571 | | 17.29party affiliation or a statement that the individual does not affiliate with any major political |
---|
572 | 572 | | 17.30party. An individual who refuses to provide the individual's major political party affiliation |
---|
573 | 573 | | 17.31or a statement that the individual does not affiliate with a major political party must not be |
---|
574 | 574 | | 17.32appointed as an election judge. The appointments shall must be made at least 25 days before |
---|
575 | 575 | | 17.33the election at which the election judges will serve, except that the appointing authority |
---|
576 | 576 | | 17.34may pass a resolution authorizing the appointment of additional election judges within the |
---|
577 | 577 | | 17Sec. 18. |
---|
578 | 578 | | REVISOR JFK/CH 25-0422503/03/25 18.125 days before the election if the appointing authority determines that additional election |
---|
579 | 579 | | 18.2judges will be required. |
---|
580 | 580 | | 18.3 Sec. 19. Minnesota Statutes 2024, section 204B.24, is amended to read: |
---|
581 | 581 | | 18.4 204B.24 ELECTION JUDGES; OATH. |
---|
582 | 582 | | 18.5 Each election judge shall sign the following oath before assuming the duties of the office: |
---|
583 | 583 | | 18.6 "I .......... solemnly swear (or affirm) that: |
---|
584 | 584 | | 18.7 (1) I will perform the duties of election judge according to law and the best of my ability |
---|
585 | 585 | | 18.8and will diligently endeavor to prevent fraud, deceit and abuse in conducting this election. |
---|
586 | 586 | | 18.9 (2) I will perform my duties in a fair and impartial manner and not attempt to create an |
---|
587 | 587 | | 18.10advantage for my party or for any candidate. |
---|
588 | 588 | | 18.11 (3) In accordance with Minnesota Statutes, section 211B.075, I will not share information |
---|
589 | 589 | | 18.12about voting that I know to be materially false and will not intentionally hinder, interfere |
---|
590 | 590 | | 18.13with, or prevent a person from voting, registering to vote, or aiding another person in casting |
---|
591 | 591 | | 18.14a ballot or registering to vote, except as specifically required by law." |
---|
592 | 592 | | 18.15 The oath shall be attached to the summary statement of the election returns of that |
---|
593 | 593 | | 18.16precinct. If there is no individual present who is authorized to administer oaths, the election |
---|
594 | 594 | | 18.17judges may administer the oath to each other. |
---|
595 | 595 | | 18.18Sec. 20. Minnesota Statutes 2024, section 204B.25, subdivision 3, is amended to read: |
---|
596 | 596 | | 18.19 Subd. 3.Trained election judges; number required.Each election precinct in which |
---|
597 | 597 | | 18.20less than 100 individuals voted at the last state general election shall have at least two |
---|
598 | 598 | | 18.21election judges who are members of different major political parties who have received |
---|
599 | 599 | | 18.22training as required in this section. In every other election precinct, No individual may serve |
---|
600 | 600 | | 18.23as an election judge who has not received training as required by subdivision 1. |
---|
601 | 601 | | 18.24Sec. 21. Minnesota Statutes 2024, section 204B.44, is amended to read: |
---|
602 | 602 | | 18.25 204B.44 ERRORS AND OMISSIONS; REMEDY. |
---|
603 | 603 | | 18.26 (a) Any individual may file a petition in the manner provided in this section for the |
---|
604 | 604 | | 18.27correction of any of the following errors, omissions, or wrongful acts which have occurred |
---|
605 | 605 | | 18.28or are about to occur: |
---|
606 | 606 | | 18Sec. 21. |
---|
607 | 607 | | REVISOR JFK/CH 25-0422503/03/25 19.1 (1) an error or omission in the placement or printing of the name or description of any |
---|
608 | 608 | | 19.2candidate or any question on any official ballot, including the placement of a candidate on |
---|
609 | 609 | | 19.3the official ballot who is not eligible to hold the office for which the candidate has filed; |
---|
610 | 610 | | 19.4 (2) any other error in preparing or printing any official ballot; |
---|
611 | 611 | | 19.5 (3) failure of the chair or secretary of the proper committee of a major political party to |
---|
612 | 612 | | 19.6execute or file a certificate of nomination; |
---|
613 | 613 | | 19.7 (4) any wrongful act, omission, or error of any election judge, municipal clerk, county |
---|
614 | 614 | | 19.8auditor, canvassing board or any of its members, the secretary of state, or any other individual |
---|
615 | 615 | | 19.9charged with any duty concerning an election. |
---|
616 | 616 | | 19.10 (b) The petition shall describe the error, omission, or wrongful act and the correction |
---|
617 | 617 | | 19.11sought by the petitioner. The petition shall be filed with any judge of the supreme court in |
---|
618 | 618 | | 19.12the case of an election for state or federal office or any judge of the district court in that |
---|
619 | 619 | | 19.13county in the case of an election for county, municipal, or school district office. The petitioner |
---|
620 | 620 | | 19.14shall serve a copy of the petition on the officer, board or individual charged with the error, |
---|
621 | 621 | | 19.15omission, or wrongful act, on all candidates for the office in the case of an election for state, |
---|
622 | 622 | | 19.16federal, county, municipal, or school district office, and on any other party as required by |
---|
623 | 623 | | 19.17the court. Upon receipt of the petition the court shall immediately set a time for a hearing |
---|
624 | 624 | | 19.18on the matter and order the officer, board or individual charged with the error, omission or |
---|
625 | 625 | | 19.19wrongful act to correct the error or wrongful act or perform the duty or show cause for not |
---|
626 | 626 | | 19.20doing so. In the case of a review of a candidate's eligibility to hold office, the court may |
---|
627 | 627 | | 19.21order the candidate to appear and present sufficient evidence of the candidate's eligibility. |
---|
628 | 628 | | 19.22The court shall issue its findings and a final order for appropriate relief as soon as possible |
---|
629 | 629 | | 19.23after the hearing. Failure to obey the order is contempt of court. |
---|
630 | 630 | | 19.24 (c) Any service required on a candidate may be accomplished by electronic mail sent |
---|
631 | 631 | | 19.25to the address the candidate provided on their affidavit of candidacy pursuant to section |
---|
632 | 632 | | 19.26204B.06, subdivision 1b, or by any other means permitted by law. |
---|
633 | 633 | | 19.27 (d) If the candidate for an office and the officer, board, or individual charged with the |
---|
634 | 634 | | 19.28error, omission, or wrongful act unanimously agree in writing: |
---|
635 | 635 | | 19.29 (1) that an error, omission, or wrongful act occurred; and |
---|
636 | 636 | | 19.30 (2) on the appropriate correction for the error, omission, or wrongful act, |
---|
637 | 637 | | 19.31then the officer, board, or individual charged with the error, omission, or wrongful act must |
---|
638 | 638 | | 19.32correct the error in the manner agreed to without an order from the court. |
---|
639 | 639 | | 19Sec. 21. |
---|
640 | 640 | | REVISOR JFK/CH 25-0422503/03/25 20.1The officer, board, or individual must notify the secretary of state in writing of the error |
---|
641 | 641 | | 20.2and proposed correction within one business day of receiving notification of the candidate's |
---|
642 | 642 | | 20.3written agreement and must not distribute any ballots reflecting the proposed correction for |
---|
643 | 643 | | 20.4two business days unless the secretary of state waives this notice period. |
---|
644 | 644 | | 20.5 (e) Any candidate for an office who does not enter into an agreement under paragraph |
---|
645 | 645 | | 20.6(d) and who does not prevail at any subsequent proceeding involving a petition filed under |
---|
646 | 646 | | 20.7this section must pay the costs and disbursements of the prevailing party or parties unless |
---|
647 | 647 | | 20.8the court determines that the candidate's position was substantially justified or such costs |
---|
648 | 648 | | 20.9and disbursements would impose undue hardship or otherwise be inequitable. |
---|
649 | 649 | | 20.10 (f) Notwithstanding any other provision of this section, an official may correct any |
---|
650 | 650 | | 20.11official ballot without order from the court if the ballot is not in compliance with sections |
---|
651 | 651 | | 20.12204B.35 to 204B.37 or any rules promulgated under sections 204B.35 to 204B.37. |
---|
652 | 652 | | 20.13Sec. 22. Minnesota Statutes 2024, section 204B.45, subdivision 2, is amended to read: |
---|
653 | 653 | | 20.14 Subd. 2.Procedure; voting prior to election day.Notice of the election and the special |
---|
654 | 654 | | 20.15mail procedure must be given at least ten weeks prior to the election. Not more than 46 days |
---|
655 | 655 | | 20.16nor later than 14 28 days before a regularly scheduled any election and not more than 30 |
---|
656 | 656 | | 20.17days nor later than 14 days before any other election, the auditor shall mail ballots by |
---|
657 | 657 | | 20.18nonforwardable mail to all voters registered in the city, town, or unorganized territory. No |
---|
658 | 658 | | 20.19later than 14 days before the election, the auditor must make a subsequent mailing of ballots |
---|
659 | 659 | | 20.20to those voters who register to vote after the initial mailing but before the 20th day before |
---|
660 | 660 | | 20.21the election. Eligible voters not registered at the time the ballots are mailed may apply for |
---|
661 | 661 | | 20.22ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, |
---|
662 | 662 | | 20.23must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or |
---|
663 | 663 | | 20.24in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot |
---|
664 | 664 | | 20.25board to examine the mail and absentee ballot return envelopes and mark them "accepted" |
---|
665 | 665 | | 20.26or "rejected" within three days of receipt if there are 14 or fewer days before election day, |
---|
666 | 666 | | 20.27or within five days of receipt if there are more than 14 days before election day. The board |
---|
667 | 667 | | 20.28may consist of deputy county auditors or deputy municipal clerks who have received training |
---|
668 | 668 | | 20.29in the processing and counting of mail ballots, who need not be affiliated with a major |
---|
669 | 669 | | 20.30political party. Election judges performing the duties in this section must be of different |
---|
670 | 670 | | 20.31major political parties, unless they are exempt from that requirement under section 205.075, |
---|
671 | 671 | | 20.32subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before |
---|
672 | 672 | | 20.33the election, the ballots in the envelope must remain sealed and the auditor or clerk shall |
---|
673 | 673 | | 20.34provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. |
---|
674 | 674 | | 20Sec. 22. |
---|
675 | 675 | | REVISOR JFK/CH 25-0422503/03/25 21.1If the ballot is rejected within five days of the election, the envelope must remain sealed |
---|
676 | 676 | | 21.2and the official in charge of the ballot board must attempt to contact the voter by telephone |
---|
677 | 677 | | 21.3or email to notify the voter that the voter's ballot has been rejected. The official must |
---|
678 | 678 | | 21.4document the attempts made to contact the voter. |
---|
679 | 679 | | 21.5 If the ballot is accepted, the county auditor or municipal clerk must mark the roster to |
---|
680 | 680 | | 21.6indicate that the voter has already cast a ballot in that election. After the close of business |
---|
681 | 681 | | 21.7on the 19th day before the election, the ballots from return envelopes marked "Accepted" |
---|
682 | 682 | | 21.8may be opened, duplicated as needed in the manner provided by section 206.86, subdivision |
---|
683 | 683 | | 21.95, initialed by the members of the ballot board, and deposited in the ballot box. |
---|
684 | 684 | | 21.10 In all other respects, the provisions of the Minnesota Election Law governing deposit |
---|
685 | 685 | | 21.11and counting of ballots apply. |
---|
686 | 686 | | 21.12 The mail and absentee ballots for a precinct must be counted together and reported as |
---|
687 | 687 | | 21.13one vote total. No vote totals from mail or absentee ballots may be made public before the |
---|
688 | 688 | | 21.14close of voting on election day. |
---|
689 | 689 | | 21.15 The costs of the mailing shall be paid by the election jurisdiction in which the voter |
---|
690 | 690 | | 21.16maintains residence. Any ballot received by 8:00 p.m. on the day of the election must be |
---|
691 | 691 | | 21.17counted. |
---|
692 | 692 | | 21.18Sec. 23. Minnesota Statutes 2024, section 204C.08, subdivision 1d, is amended to read: |
---|
693 | 693 | | 21.19 Subd. 1d.Voter's Bill of Rights.The county auditor shall prepare and provide to each |
---|
694 | 694 | | 21.20polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth |
---|
695 | 695 | | 21.21in this section. Before the hours of voting are scheduled to begin, the election judges shall |
---|
696 | 696 | | 21.22post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights |
---|
697 | 697 | | 21.23is as follows: |
---|
698 | 698 | | 21.24 "VOTER'S BILL OF RIGHTS |
---|
699 | 699 | | 21.25 For all persons residing in this state who meet federal voting eligibility requirements: |
---|
700 | 700 | | 21.26 (1) You have the right to be absent from work for the purpose of voting in a state, federal, |
---|
701 | 701 | | 21.27or regularly scheduled election without reduction to your pay, personal leave, or vacation |
---|
702 | 702 | | 21.28time on election day for the time necessary to appear at your polling place, cast a ballot, |
---|
703 | 703 | | 21.29and return to work. |
---|
704 | 704 | | 21.30 (2) If you are in line at your polling place any time before 8:00 p.m., you have the right |
---|
705 | 705 | | 21.31to vote. |
---|
706 | 706 | | 21Sec. 23. |
---|
707 | 707 | | REVISOR JFK/CH 25-0422503/03/25 22.1 (3) If you can provide the required proof of residence, you have the right to register to |
---|
708 | 708 | | 22.2vote and to vote on election day. |
---|
709 | 709 | | 22.3 (4) If you are unable to sign your name, you have the right to orally confirm your identity |
---|
710 | 710 | | 22.4with an election judge and to direct another person to sign your name for you. |
---|
711 | 711 | | 22.5 (5) You have the right to request special assistance when voting. |
---|
712 | 712 | | 22.6 (6) If you need assistance, you may be accompanied into the voting booth by a person |
---|
713 | 713 | | 22.7of your choice, except by an agent of your employer or union or a candidate. |
---|
714 | 714 | | 22.8 (7) You have the right to bring your minor children into the polling place and into the |
---|
715 | 715 | | 22.9voting booth with you. |
---|
716 | 716 | | 22.10 (8) You have the right to vote if you are not currently incarcerated for conviction of a |
---|
717 | 717 | | 22.11felony offense. |
---|
718 | 718 | | 22.12 (9) If you are under a guardianship, you have the right to vote, unless the court order |
---|
719 | 719 | | 22.13revokes your right to vote. |
---|
720 | 720 | | 22.14 (10) You have the right to vote without anyone in the polling place trying to influence |
---|
721 | 721 | | 22.15your vote. |
---|
722 | 722 | | 22.16 (11) If you make a mistake or spoil your ballot before it is submitted, you have the right |
---|
723 | 723 | | 22.17to receive a replacement ballot and vote. |
---|
724 | 724 | | 22.18 (12) You have the right to file a written complaint at your polling place if you are |
---|
725 | 725 | | 22.19dissatisfied with the way an election is being run. |
---|
726 | 726 | | 22.20 (13) You have the right to take a sample ballot into the voting booth with you. |
---|
727 | 727 | | 22.21 (14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth |
---|
728 | 728 | | 22.22with you." |
---|
729 | 729 | | 22.23Sec. 24. Minnesota Statutes 2024, section 204C.09, subdivision 1, is amended to read: |
---|
730 | 730 | | 22.24 Subdivision 1.Counting and initialing.(a) Before the voting begins, at least two election |
---|
731 | 731 | | 22.25judges must certify the number of ballots delivered to the precinct. Election judges may |
---|
732 | 732 | | 22.26conduct this count, presuming that the total count provided for prepackaged ballots is correct. |
---|
733 | 733 | | 22.27As each package is opened, two judges must count the ballots in the package to ensure that |
---|
734 | 734 | | 22.28the total count provided for the package is correct. Any discrepancy must be noted on the |
---|
735 | 735 | | 22.29incident log. |
---|
736 | 736 | | 22Sec. 24. |
---|
737 | 737 | | REVISOR JFK/CH 25-0422503/03/25 23.1 (b) Before the voting begins, or as soon as possible after it begins, at least two election |
---|
738 | 738 | | 23.2judges shall each initial the backs of all the ballots. The election judges shall not otherwise |
---|
739 | 739 | | 23.3mark the ballots. |
---|
740 | 740 | | 23.4 Sec. 25. Minnesota Statutes 2024, section 204C.10, is amended to read: |
---|
741 | 741 | | 23.5 204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; |
---|
742 | 742 | | 23.6VOTER RECEIPT. |
---|
743 | 743 | | 23.7 (a) An individual seeking to vote shall sign a polling place roster or voter signature |
---|
744 | 744 | | 23.8certificate which states that the individual: |
---|
745 | 745 | | 23.9 (1) is at least 18 years old; |
---|
746 | 746 | | 23.10 (2) is a citizen of the United States; |
---|
747 | 747 | | 23.11 (3) has maintained residence in Minnesota for 20 days immediately preceding the election; |
---|
748 | 748 | | 23.12 (4) maintains residence at the address or location shown; |
---|
749 | 749 | | 23.13 (5) is not under a guardianship in which the court order revokes the individual's right to |
---|
750 | 750 | | 23.14vote; |
---|
751 | 751 | | 23.15 (6) has not been found by a court of law to be legally incompetent to vote; |
---|
752 | 752 | | 23.16 (7) has the right to vote because, if the individual was convicted of a felony, the individual |
---|
753 | 753 | | 23.17is not currently incarcerated for that conviction; |
---|
754 | 754 | | 23.18 (8) is registered; and |
---|
755 | 755 | | 23.19 (9) has not already voted in the election. |
---|
756 | 756 | | 23.20 The roster must also state: "I understand that deliberately providing false information |
---|
757 | 757 | | 23.21is a felony punishable by not more than five years imprisonment and a fine of not more than |
---|
758 | 758 | | 23.22$10,000, or both." |
---|
759 | 759 | | 23.23 (b) At the presidential nomination primary, the polling place roster must also state: "I |
---|
760 | 760 | | 23.24am in general agreement with the principles of the party for whose candidate I intend to |
---|
761 | 761 | | 23.25vote." This statement must appear separately from the statements required in paragraph (a). |
---|
762 | 762 | | 23.26The felony penalty provided for in paragraph (a) does not apply to this paragraph. |
---|
763 | 763 | | 23.27 (c) A judge may, before the applicant signs the roster or voter signature certificate, |
---|
764 | 764 | | 23.28confirm the applicant's name, address, and date of birth. |
---|
765 | 765 | | 23.29 (d) After the applicant signs the roster or voter signature certificate, the judge shall give |
---|
766 | 766 | | 23.30the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in |
---|
767 | 767 | | 23Sec. 25. |
---|
768 | 768 | | REVISOR JFK/CH 25-0422503/03/25 24.1charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to |
---|
769 | 769 | | 24.2the voter the ballot. The voters' receipts must be maintained during the time for notice of |
---|
770 | 770 | | 24.3filing an election contest. |
---|
771 | 771 | | 24.4 (e) Whenever a challenged status appears on the polling place roster, an election judge |
---|
772 | 772 | | 24.5must ensure that the challenge is concealed or hidden from the view of any voter other than |
---|
773 | 773 | | 24.6the voter whose status is challenged. |
---|
774 | 774 | | 24.7 Sec. 26. Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read: |
---|
775 | 775 | | 24.8 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.(a) Between |
---|
776 | 776 | | 24.9the third eighth and tenth 14th days after an election, the governing body of a city conducting |
---|
777 | 777 | | 24.10any election including a special municipal election, or the governing body of a town |
---|
778 | 778 | | 24.11conducting the general election in November shall act as the canvassing board, canvass the |
---|
779 | 779 | | 24.12returns, and declare the candidate duly elected who received the highest number of votes |
---|
780 | 780 | | 24.13for municipal office and the results of the election any ballot questions. The governing body |
---|
781 | 781 | | 24.14of a town conducting the general election in March shall act as the canvassing board, canvass |
---|
782 | 782 | | 24.15the returns, and shall declare the candidate duly elected who received the highest number |
---|
783 | 783 | | 24.16of votes for each town office and the results of the election any ballot question within two |
---|
784 | 784 | | 24.17days after an election. |
---|
785 | 785 | | 24.18 (b) After the time for contesting elections has passed, the municipal clerk shall issue a |
---|
786 | 786 | | 24.19certificate of election to each successful candidate. In case of a contest, the certificate shall |
---|
787 | 787 | | 24.20not be issued until the outcome of the contest has been determined by the proper court. |
---|
788 | 788 | | 24.21 (c) In case of a tie vote, the canvassing board having jurisdiction over the municipality |
---|
789 | 789 | | 24.22shall determine the result by lot. The clerk of the canvassing board shall certify the results |
---|
790 | 790 | | 24.23of the election to the county auditor, and the clerk shall be the final custodian of the ballots |
---|
791 | 791 | | 24.24and the returns of the election. |
---|
792 | 792 | | 24.25Sec. 27. Minnesota Statutes 2024, section 205A.10, subdivision 3, is amended to read: |
---|
793 | 793 | | 24.26 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.Between the |
---|
794 | 794 | | 24.27third eighth and tenth 14th days after a school district election other than a recount of a |
---|
795 | 795 | | 24.28special election conducted under section 126C.17, subdivision 9, or 475.59, the school board |
---|
796 | 796 | | 24.29shall canvass the returns and declare the candidate duly elected who received the highest |
---|
797 | 797 | | 24.30number of votes for school district office and the results of the election any ballot question. |
---|
798 | 798 | | 24.31After the time for contesting elections has passed, the school district clerk shall issue a |
---|
799 | 799 | | 24.32certificate of election to each successful candidate. If there is a contest, the certificate of |
---|
800 | 800 | | 24.33election to that office must not be issued until the outcome of the contest has been determined |
---|
801 | 801 | | 24Sec. 27. |
---|
802 | 802 | | REVISOR JFK/CH 25-0422503/03/25 25.1by the proper court. If there is a tie vote, the school board shall determine the result by lot. |
---|
803 | 803 | | 25.2The clerk shall deliver the certificate of election to the successful candidate by personal |
---|
804 | 804 | | 25.3service or certified mail. The successful candidate shall file an acceptance and oath of office |
---|
805 | 805 | | 25.4in writing with the clerk within 30 days of the date of mailing or personal service. A person |
---|
806 | 806 | | 25.5who fails to qualify prior to the time specified shall be deemed to have refused to serve, but |
---|
807 | 807 | | 25.6that filing may be made at any time before action to fill the vacancy has been taken. The |
---|
808 | 808 | | 25.7school district clerk shall certify the results of the election to the county auditor, and the |
---|
809 | 809 | | 25.8clerk shall be the final custodian of the ballots and the returns of the election. |
---|
810 | 810 | | 25.9 A school district canvassing board shall perform the duties of the school board according |
---|
811 | 811 | | 25.10to the requirements of this subdivision for a recount of a special election conducted under |
---|
812 | 812 | | 25.11section 126C.17, subdivision 9, or 475.59. |
---|
813 | 813 | | 25.12Sec. 28. Minnesota Statutes 2024, section 205A.11, subdivision 2, is amended to read: |
---|
814 | 814 | | 25.13 Subd. 2.Combined polling place.(a) When no other election is being held in a school |
---|
815 | 815 | | 25.14district, the school board may designate combined polling places at which the voters in |
---|
816 | 816 | | 25.15those precincts may vote in the school district election. |
---|
817 | 817 | | 25.16 (b) By December 31 of each year, the school board must designate, by resolution, any |
---|
818 | 818 | | 25.17changes to combined polling places. The combined polling places designated in the resolution |
---|
819 | 819 | | 25.18are the polling places, unless a change is made in accordance with this paragraph or: |
---|
820 | 820 | | 25.19 (1) pursuant to section 204B.175; or |
---|
821 | 821 | | 25.20 (2) because a polling place has become unavailable. |
---|
822 | 822 | | 25.21 (c) If the school board designates combined polling places pursuant to this subdivision, |
---|
823 | 823 | | 25.22polling places must be designated throughout the district, taking into account both |
---|
824 | 824 | | 25.23geographical distribution and population distribution. A combined polling place must be at |
---|
825 | 825 | | 25.24a location designated for use as a polling place by a county or municipality, except as |
---|
826 | 826 | | 25.25provided in this paragraph. If the municipality conducts elections by mail balloting pursuant |
---|
827 | 827 | | 25.26to section 204B.45, the school board may designate a polling place not used by the |
---|
828 | 828 | | 25.27municipality if the polling place satisfies the requirements in section 204B.16, subdivisions |
---|
829 | 829 | | 25.284 to 7. |
---|
830 | 830 | | 25.29 (d) In school districts that have organized into separate board member election districts |
---|
831 | 831 | | 25.30under section 205A.12, a combined polling place for a school general election must be |
---|
832 | 832 | | 25.31arranged so that it does not include more than one board member election district. |
---|
833 | 833 | | 25Sec. 28. |
---|
834 | 834 | | REVISOR JFK/CH 25-0422503/03/25 26.1 Sec. 29. Minnesota Statutes 2024, section 368.47, is amended to read: |
---|
835 | 835 | | 26.2 368.47 TOWNS MAY BE DISSOLVED. |
---|
836 | 836 | | 26.3 (1) When the voters residing within a town have failed to elect any town officials for |
---|
837 | 837 | | 26.4more than ten years continuously; |
---|
838 | 838 | | 26.5 (2) when a town has failed for a period of ten years to exercise any of the powers and |
---|
839 | 839 | | 26.6functions of a town; |
---|
840 | 840 | | 26.7 (3) when the estimated market value of a town drops to less than $165,000; |
---|
841 | 841 | | 26.8 (4) when the tax delinquency of a town, exclusive of taxes that are delinquent or unpaid |
---|
842 | 842 | | 26.9because they are contested in proceedings for the enforcement of taxes, amounts to 12 |
---|
843 | 843 | | 26.10percent of its market value; or |
---|
844 | 844 | | 26.11 (5) when the state or federal government has acquired title to 50 percent of the real estate |
---|
845 | 845 | | 26.12of a town, |
---|
846 | 846 | | 26.13which facts, or any of them, may be found and determined by the resolution of the county |
---|
847 | 847 | | 26.14board of the county in which the town is located, according to the official records in the |
---|
848 | 848 | | 26.15office of the county auditor, the county board by resolution may declare the town, naming |
---|
849 | 849 | | 26.16it, dissolved and no longer entitled to exercise any of the powers or functions of a town. |
---|
850 | 850 | | 26.17 In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters of |
---|
851 | 851 | | 26.18the town shall express their approval or disapproval. The town clerk shall, upon a petition |
---|
852 | 852 | | 26.19signed by a majority of the registered voters of the town, filed with the clerk at least 60 84 |
---|
853 | 853 | | 26.20days before a regular or special town election, give notice at the same time and in the same |
---|
854 | 854 | | 26.21manner of the election that the question of dissolution of the town will be submitted for |
---|
855 | 855 | | 26.22determination at the election. At the election the question shall be voted upon by a separate |
---|
856 | 856 | | 26.23ballot. The form of the question under this chapter shall be substantially in the following |
---|
857 | 857 | | 26.24form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a separate ballot |
---|
858 | 858 | | 26.25box and The result of the voting canvassed, certified, and returned in the same manner and |
---|
859 | 859 | | 26.26at the same time as other facts and returns of the election. If a majority of the votes cast at |
---|
860 | 860 | | 26.27the election are for dissolution, the town shall be dissolved. If a majority of the votes cast |
---|
861 | 861 | | 26.28at the election are against dissolution, the town shall not be dissolved. |
---|
862 | 862 | | 26.29 When a town is dissolved under sections 368.47 to 368.49 the county shall acquire title |
---|
863 | 863 | | 26.30to any telephone company or other business conducted by the town. The business shall be |
---|
864 | 864 | | 26.31operated by the board of county commissioners until it can be sold. The subscribers or |
---|
865 | 865 | | 26.32patrons of the business shall have the first opportunity of purchase. If the town has any |
---|
866 | 866 | | 26.33outstanding indebtedness chargeable to the business, the county auditor shall levy a tax |
---|
867 | 867 | | 26Sec. 29. |
---|
868 | 868 | | REVISOR JFK/CH 25-0422503/03/25 27.1against the property situated in the dissolved town to pay the indebtedness as it becomes |
---|
869 | 869 | | 27.2due. |
---|
870 | 870 | | 27.3 Sec. 30. Minnesota Statutes 2024, section 375.20, is amended to read: |
---|
871 | 871 | | 27.4 375.20 BALLOT QUESTIONS. |
---|
872 | 872 | | 27.5 If the county board may do an act, incur a debt, appropriate money for a purpose, or |
---|
873 | 873 | | 27.6exercise any other power or authority, only if authorized by a vote of the people, the question |
---|
874 | 874 | | 27.7may be submitted at a special or general election, by a resolution specifying the matter or |
---|
875 | 875 | | 27.8question to be voted upon. If the question is to authorize the appropriation of money, creation |
---|
876 | 876 | | 27.9of a debt, or levy of a tax, it shall state the amount. Notice of the election shall be given as |
---|
877 | 877 | | 27.10in the case of special elections. If the question submitted is adopted, the board shall pass an |
---|
878 | 878 | | 27.11appropriate resolution to carry it into effect. In the election the form of the ballot shall be: |
---|
879 | 879 | | 27.12"Shall (here state the substance of the resolution to be submitted)?, Yes ...... No......,". The |
---|
880 | 880 | | 27.13county board may call a special county election upon a question to be held within 74 84 |
---|
881 | 881 | | 27.14days after a resolution to that effect is adopted by the county board. Upon the adoption of |
---|
882 | 882 | | 27.15the resolution the county auditor shall post and publish notices of the election, as required |
---|
883 | 883 | | 27.16by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the returns |
---|
884 | 884 | | 27.17canvassed in the manner prescribed by sections 204D.20 to 204D.27, so far as practicable. |
---|
885 | 885 | | 27.18Sec. 31. Minnesota Statutes 2024, section 414.09, subdivision 3, is amended to read: |
---|
886 | 886 | | 27.19 Subd. 3.Elections of municipal officers.(a) An order approving an incorporation or |
---|
887 | 887 | | 27.20consolidation pursuant to this chapter, or an order requiring an election under section 414.031, |
---|
888 | 888 | | 27.21subdivision 4a, shall set a date for an election of new municipal officers not less than 45 |
---|
889 | 889 | | 27.22days nor more than 60 days after the issuance of such order in accordance with the uniform |
---|
890 | 890 | | 27.23election dates defined in section 205.10, subdivision 3a. |
---|
891 | 891 | | 27.24 (b) The chief administrative law judge shall appoint an acting clerk for election purposes, |
---|
892 | 892 | | 27.25at least three election judges who shall be residents of the new municipality, and shall |
---|
893 | 893 | | 27.26designate polling places within the new municipality. |
---|
894 | 894 | | 27.27 (c) The acting clerk shall prepare the official election ballot pursuant to section 205.17. |
---|
895 | 895 | | 27.28 (d) Any person eligible to hold municipal office may file an affidavit of candidacy not |
---|
896 | 896 | | 27.29more than four weeks nor less than two weeks before the date designated in the order for |
---|
897 | 897 | | 27.30the election pursuant to section 205.13. |
---|
898 | 898 | | 27.31 (e) The election shall be conducted in conformity with the charter and the laws for |
---|
899 | 899 | | 27.32conducting municipal elections insofar as applicable. |
---|
900 | 900 | | 27Sec. 31. |
---|
901 | 901 | | REVISOR JFK/CH 25-0422503/03/25 28.1 (f) Any person eligible to vote at a township or municipal election within the area of the |
---|
902 | 902 | | 28.2new municipality, is eligible to vote at such election. |
---|
903 | 903 | | 28.3 (g) Any excess in the expense of conducting the election over receipts from filing fees |
---|
904 | 904 | | 28.4shall be a charge against the new municipality; any excess of receipts shall be deposited in |
---|
905 | 905 | | 28.5the treasury of the new municipality. |
---|
906 | 906 | | 28.6 Sec. 32. Minnesota Statutes 2024, section 447.32, subdivision 4, is amended to read: |
---|
907 | 907 | | 28.7 Subd. 4.Candidates; ballots; certifying election.(a) A person who wants to be a |
---|
908 | 908 | | 28.8candidate for the hospital board shall file an affidavit of candidacy for the election either |
---|
909 | 909 | | 28.9as member at large or as a member representing the city or town where the candidate |
---|
910 | 910 | | 28.10maintains residence. The affidavit of candidacy must be filed with the city or town clerk |
---|
911 | 911 | | 28.11not more than 98 days nor less than 84 days before the first Tuesday after the first Monday |
---|
912 | 912 | | 28.12in November of the year in which the general election is held. The city or town clerk must |
---|
913 | 913 | | 28.13forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, |
---|
914 | 914 | | 28.14the clerk of the most populous city or town immediately after the last day of the filing period. |
---|
915 | 915 | | 28.15A candidate may withdraw from the election by filing an affidavit of withdrawal with the |
---|
916 | 916 | | 28.16clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of |
---|
917 | 917 | | 28.17candidacy. |
---|
918 | 918 | | 28.18 (b) Between the eighth and 14th days after an election, the board must act as the |
---|
919 | 919 | | 28.19canvassing board, canvass the returns, and declare the candidate duly elected who received |
---|
920 | 920 | | 28.20the highest number of votes for hospital district office and the results of any ballot questions. |
---|
921 | 921 | | 28.21 (c) Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, |
---|
922 | 922 | | 28.22necessary ballots for the election of officers. Ballots must be prepared as provided in the |
---|
923 | 923 | | 28.23rules of the secretary of state. The ballots must be marked and initialed by at least two judges |
---|
924 | 924 | | 28.24as official ballots and used exclusively at the election. Any proposition to be voted on may |
---|
925 | 925 | | 28.25be printed on the ballot provided for the election of officers. The hospital board may also |
---|
926 | 926 | | 28.26authorize the use of voting systems subject to chapter 206. Enough election judges may be |
---|
927 | 927 | | 28.27appointed to receive the votes at each polling place. The election judges shall act as clerks |
---|
928 | 928 | | 28.28of election, count the ballots cast, and submit them to the board for canvass. |
---|
929 | 929 | | 28.29 (d) After canvassing the election, the board shall issue a certificate of election to the |
---|
930 | 930 | | 28.30candidate who received the largest number of votes cast for each office. The clerk shall |
---|
931 | 931 | | 28.31deliver the certificate to the person entitled to it in person or by certified mail. Each person |
---|
932 | 932 | | 28.32certified shall file an acceptance and oath of office in writing with the clerk within 30 days |
---|
933 | 933 | | 28.33after the date of delivery or mailing of the certificate. The board may fill any office as |
---|
934 | 934 | | 28Sec. 32. |
---|
935 | 935 | | REVISOR JFK/CH 25-0422503/03/25 29.1provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification |
---|
936 | 936 | | 29.2is effective if made before the board acts to fill the vacancy. |
---|
937 | 937 | | 29.3 Sec. 33. VOTING EQUIPMENT GRANT ACCOUNT; TRANSFER. |
---|
938 | 938 | | 29.4 Any balance remaining in the voting equipment grant account established under |
---|
939 | 939 | | 29.5Minnesota Statutes, section 206.95, on the effective date of this section is transferred to the |
---|
940 | 940 | | 29.6voting operations, technology, and election resources account established under Minnesota |
---|
941 | 941 | | 29.7Statutes, section 5.305. |
---|
942 | 942 | | 29.8 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
943 | 943 | | 29.9 Sec. 34. REPEALER. |
---|
944 | 944 | | 29.10 Minnesota Statutes 2024, sections 206.95; and 209.06, are repealed. |
---|
945 | 945 | | 29Sec. 34. |
---|
946 | 946 | | REVISOR JFK/CH 25-0422503/03/25 206.95 VOTING EQUIPMENT GRANT ACCOUNT. |
---|
947 | 947 | | Subdivision 1.Voting equipment grant account.A voting equipment grant account is |
---|
948 | 948 | | established in the special revenue fund. Funds in the account are appropriated to the secretary of |
---|
949 | 949 | | state to provide grants to political subdivisions as authorized by this section. Funds in the account |
---|
950 | 950 | | are available until expended. |
---|
951 | 951 | | Subd. 2.Authorized equipment.A political subdivision may apply to receive a grant under |
---|
952 | 952 | | this section for the purchase or lease of the following: |
---|
953 | 953 | | (1) an electronic voting system, or any individual components of an electronic voting system |
---|
954 | 954 | | as provided in section 206.56, subdivision 8; |
---|
955 | 955 | | (2) assistive voting technology; |
---|
956 | 956 | | (3) an electronic roster system meeting the technology requirements of section 201.225, |
---|
957 | 957 | | subdivision 2; and |
---|
958 | 958 | | (4) any other equipment or technology approved by the secretary of state for use in conducting |
---|
959 | 959 | | a state or local election in Minnesota consistent with the requirements of law. |
---|
960 | 960 | | Subd. 3.Application.(a) The secretary of state may make a grant from the account to a political |
---|
961 | 961 | | subdivision only after receiving an application from the political subdivision. The application must |
---|
962 | 962 | | contain the following information: |
---|
963 | 963 | | (1) the date the application is submitted; |
---|
964 | 964 | | (2) the name of the political subdivision; |
---|
965 | 965 | | (3) the name and title of the individual who prepared the application; |
---|
966 | 966 | | (4) the type of voting system currently used in each precinct in the political subdivision; |
---|
967 | 967 | | (5) the date the system currently used was acquired and at what cost; |
---|
968 | 968 | | (6) the total number of registered voters, as of the date of the application, in each precinct in |
---|
969 | 969 | | the political subdivision; |
---|
970 | 970 | | (7) the total amount of the grant requested; |
---|
971 | 971 | | (8) the total amount and source of the political subdivision's money to be used to match a grant |
---|
972 | 972 | | from the account; |
---|
973 | 973 | | (9) the type of voting system to be acquired with the grant money and whether the voting system |
---|
974 | 974 | | will permit individuals with disabilities to cast a secret ballot; |
---|
975 | 975 | | (10) the proposed schedule for purchasing and implementing the new voting system and the |
---|
976 | 976 | | precincts in which the new voting system would be used; |
---|
977 | 977 | | (11) whether the political subdivision has previously applied for a grant from the account and |
---|
978 | 978 | | the disposition of that application; |
---|
979 | 979 | | (12) a certified statement by the political subdivision that the grant will be used only to purchase |
---|
980 | 980 | | authorized equipment under subdivision 2 and that the political subdivision has insufficient resources |
---|
981 | 981 | | to purchase the voting system without obtaining a grant from the account; and |
---|
982 | 982 | | (13) any other information required by the secretary of state. |
---|
983 | 983 | | (b) The secretary of state must establish a deadline for receipt of grant applications, a procedure |
---|
984 | 984 | | for awarding and distributing grants, and a process for verifying the proper use of the grants after |
---|
985 | 985 | | distribution. |
---|
986 | 986 | | Subd. 4.Amount of grant.A political subdivision is eligible to receive a grant of no more than |
---|
987 | 987 | | 75 percent of the total cost of electronic roster equipment and 50 percent of the total cost of all |
---|
988 | 988 | | other equipment or technology authorized for a grant under subdivision 2. In evaluating the |
---|
989 | 989 | | application, the secretary of state shall consider only the information set forth in the application |
---|
990 | 990 | | and is not subject to chapter 14. If the secretary of state determines that the application has been |
---|
991 | 991 | | fully and properly completed, and that there is a sufficient balance in the account to fund the grant, |
---|
992 | 992 | | either in whole or in part, the secretary of state may approve the application. |
---|
993 | 993 | | Subd. 5.Report to legislature.No later than January 15, 2018, and annually thereafter until |
---|
994 | 994 | | the appropriations provided for grants under this section have been exhausted, the secretary of state |
---|
995 | 995 | | must submit a report to the legislative committees with jurisdiction over elections policy on grants |
---|
996 | 996 | | 1R |
---|
997 | 997 | | APPENDIX |
---|
998 | 998 | | Repealed Minnesota Statutes: 25-04225 awarded by this section. The report must detail each grant awarded, including the jurisdiction, the |
---|
999 | 999 | | amount of the grant, and the type of equipment purchased. |
---|
1000 | 1000 | | 209.06 INSPECTION OF BALLOTS. |
---|
1001 | 1001 | | Subdivision 1.Appointment of inspectors.After a contest has been instituted, either party |
---|
1002 | 1002 | | may have the ballots inspected before preparing for trial. The party requesting an inspection shall |
---|
1003 | 1003 | | file with the district court where the contest is brought a verified petition, stating that the case cannot |
---|
1004 | 1004 | | properly be prepared for trial without an inspection of the ballots and designating the precincts in |
---|
1005 | 1005 | | which an inspection is desired. A judge of the court in which the contest is pending shall then |
---|
1006 | 1006 | | appoint as many sets of three inspectors for a contest of any office or question as are needed to |
---|
1007 | 1007 | | count and inspect the ballots expeditiously. One inspector must be selected by each of the parties |
---|
1008 | 1008 | | to the contest and a third must be chosen by those two inspectors. If either party neglects or refuses |
---|
1009 | 1009 | | to name an inspector, the judge shall appoint the inspector. The compensation of inspectors is the |
---|
1010 | 1010 | | same as for referees, unless otherwise stipulated. |
---|
1011 | 1011 | | Subd. 2.Bond, taxing of costs.The party applying for the inspection shall file with the court |
---|
1012 | 1012 | | administrator of district court a bond in the sum of $250 if the contest is in a single county. In other |
---|
1013 | 1013 | | cases the bond shall be in a sum set by the court with sureties approved by the court, and conditioned |
---|
1014 | 1014 | | that the party seeking inspection will pay the administrative costs and expenses of the inspection |
---|
1015 | 1015 | | if that party loses the contest. |
---|
1016 | 1016 | | Subd. 3.Report of inspectors.An inspection must be made in the office and in the presence |
---|
1017 | 1017 | | of the legal custodian of the ballots. The inspectors shall recanvass the votes cast for the parties to |
---|
1018 | 1018 | | the contest or the question in issue in accordance with the rules for counting ballots in the Minnesota |
---|
1019 | 1019 | | Election Law. They shall make a written report of the inspection indicating the number of votes |
---|
1020 | 1020 | | cast for each candidate or each side of the question in each precinct where the ballots were inspected |
---|
1021 | 1021 | | and indicating any disputed ballots upon which the inspectors cannot agree. |
---|
1022 | 1022 | | 2R |
---|
1023 | 1023 | | APPENDIX |
---|
1024 | 1024 | | Repealed Minnesota Statutes: 25-04225 |
---|