| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to elections; changing the date of the state primary from August to May; |
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| 3 | 3 | | 1.3 changing the date of primary elections conducted by a political subdivision in |
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| 4 | 4 | | 1.4 certain circumstances; amending Minnesota Statutes 2024, sections 204B.14, |
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| 5 | 5 | | 1.5 subdivisions 2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09, |
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| 6 | 6 | | 1.6 subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, |
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| 7 | 7 | | 1.7 subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, |
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| 8 | 8 | | 1.8 subdivision 5; 206.82, subdivision 2. |
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| 9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 10 | 10 | | 1.10 Section 1. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read: |
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| 11 | 11 | | 1.11 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute |
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| 12 | 12 | | 1.12at least one election precinct: |
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| 13 | 13 | | 1.13 (1) each city ward; and |
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| 14 | 14 | | 1.14 (2) each town and each statutory city. |
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| 15 | 15 | | 1.15 (b) A single, accessible, combined polling place may be established no later than |
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| 16 | 16 | | 1.16November 1 if a presidential nomination primary is scheduled to occur in the following |
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| 17 | 17 | | 1.17year or May February 1 of any other year: |
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| 18 | 18 | | 1.18 (1) for any city of the third or fourth class, any town, or any city having territory in more |
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| 19 | 19 | | 1.19than one county, in which all the voters of the city or town shall cast their ballots; |
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| 20 | 20 | | 1.20 (2) for contiguous precincts in the same municipality; |
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| 21 | 21 | | 1.21 (3) for up to four contiguous municipalities located entirely outside the metropolitan |
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| 22 | 22 | | 1.22area, as defined by section 200.02, subdivision 24, that are contained in the same county; |
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| 23 | 23 | | 1.23or |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR JFK/BM 25-0453403/05/25 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 2343 |
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| 31 | 31 | | NINETY-FOURTH SESSION |
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| 32 | 32 | | Authored by Quam03/13/2025 |
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| 33 | 33 | | The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations 2.1 (4) for noncontiguous precincts located in one or more counties. |
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| 34 | 34 | | 2.2 Subject to the requirements of paragraph (c), a single, accessible, combined polling place |
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| 35 | 35 | | 2.3may be established after May February 1 of any year in the event of an emergency. |
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| 36 | 36 | | 2.4 A copy of the ordinance or resolution establishing a combined polling place must be |
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| 37 | 37 | | 2.5filed with the county auditor within 30 days after approval by the governing body, and the |
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| 38 | 38 | | 2.6county auditor must provide notice within ten days to the secretary of state, in a manner |
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| 39 | 39 | | 2.7and including information prescribed by the secretary of state. A polling place combined |
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| 40 | 40 | | 2.8under clause (3) must be approved by the governing body of each participating municipality. |
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| 41 | 41 | | 2.9A polling place combined under clause (4) must be approved by the governing body of each |
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| 42 | 42 | | 2.10participating municipality and the secretary of state and may be located outside any of the |
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| 43 | 43 | | 2.11noncontiguous precincts. A municipality withdrawing from participation in a combined |
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| 44 | 44 | | 2.12polling place must do so by filing a resolution of withdrawal with the county auditor no |
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| 45 | 45 | | 2.13later than October 1 if a presidential nomination primary is scheduled to occur in the |
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| 46 | 46 | | 2.14following year or April January 1 of any other year, and the county auditor must provide |
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| 47 | 47 | | 2.15notice within ten days to the secretary of state, in a manner and including information |
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| 48 | 48 | | 2.16prescribed by the secretary of state. |
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| 49 | 49 | | 2.17 The secretary of state shall provide a separate polling place roster for each precinct |
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| 50 | 50 | | 2.18served by the combined polling place, except that in a precinct that uses electronic rosters |
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| 51 | 51 | | 2.19the secretary of state shall provide separate data files for each precinct. A single set of |
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| 52 | 52 | | 2.20election judges may be appointed to serve at a combined polling place. The number of |
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| 53 | 53 | | 2.21election judges required must be based on the total number of persons voting at the last |
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| 54 | 54 | | 2.22similar election in all precincts to be voting at the combined polling place. Separate ballot |
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| 55 | 55 | | 2.23boxes must be provided for the ballots from each precinct. The results of the election must |
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| 56 | 56 | | 2.24be reported separately for each precinct served by the combined polling place, except in a |
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| 57 | 57 | | 2.25polling place established under clause (2) where one of the precincts has fewer than ten |
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| 58 | 58 | | 2.26registered voters, in which case the results of that precinct must be reported in the manner |
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| 59 | 59 | | 2.27specified by the secretary of state. |
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| 60 | 60 | | 2.28 (c) If a local elections official determines that an emergency situation preventing the |
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| 61 | 61 | | 2.29safe, secure, and full operation of a polling place on election day has occurred or is imminent, |
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| 62 | 62 | | 2.30the local elections official may combine two or more polling places for that election pursuant |
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| 63 | 63 | | 2.31to this subdivision. To the extent possible, the polling places must be combined and the |
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| 64 | 64 | | 2.32election conducted according to the requirements of paragraph (b), except that: |
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| 65 | 65 | | 2.33 (1) polling places may be combined after May February 1 and until the polls close on |
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| 66 | 66 | | 2.34election day; |
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| 67 | 67 | | 2Section 1. |
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| 68 | 68 | | REVISOR JFK/BM 25-0453403/05/25 3.1 (2) any city or town, regardless of size or location, may establish a combined polling |
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| 69 | 69 | | 3.2place under this paragraph; |
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| 70 | 70 | | 3.3 (3) the governing body is not required to adopt an ordinance or resolution to establish |
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| 71 | 71 | | 3.4the combined polling place; |
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| 72 | 72 | | 3.5 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved |
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| 73 | 73 | | 3.6by the local election official of each participating municipality; |
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| 74 | 74 | | 3.7 (5) the local elections official must immediately notify the county auditor and the |
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| 75 | 75 | | 3.8secretary of state of the combination, including the reason for the emergency combination |
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| 76 | 76 | | 3.9and the location of the combined polling place. As soon as possible, the local elections |
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| 77 | 77 | | 3.10official must also post a notice stating the reason for the combination and the location of |
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| 78 | 78 | | 3.11the combined polling place. The notice must also be posted on the governing board's website, |
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| 79 | 79 | | 3.12if one exists. The local elections official must also notify the election judges and request |
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| 80 | 80 | | 3.13that local media outlets publicly announce the reason for the combination and the location |
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| 81 | 81 | | 3.14of the combined polling place; and |
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| 82 | 82 | | 3.15 (6) on election day, the local elections official must post a notice in large print in a |
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| 83 | 83 | | 3.16conspicuous place at the polling place where the emergency occurred, if practical, stating |
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| 84 | 84 | | 3.17the location of the combined polling place. The local election official must also post the |
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| 85 | 85 | | 3.18notice, if practical, in a location visible by voters who vote from their motor vehicles as |
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| 86 | 86 | | 3.19provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to |
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| 87 | 87 | | 3.20section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph |
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| 88 | 88 | | 3.21must include a statement that the polling place hours at the combined polling place will be |
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| 89 | 89 | | 3.22extended until the specified time. |
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| 90 | 90 | | 3.23 Sec. 2. Minnesota Statutes 2024, section 204B.14, subdivision 4, is amended to read: |
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| 91 | 91 | | 3.24 Subd. 4.Boundary change procedure.Any change in the boundary of an election |
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| 92 | 92 | | 3.25precinct must be adopted at least ten weeks before the date of the next election and, for the |
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| 93 | 93 | | 3.26state primary and general election or presidential nomination primary, no later than December |
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| 94 | 94 | | 3.27November 1 in the year prior to the year of the state general election. The precinct boundary |
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| 95 | 95 | | 3.28change shall not take effect until notice of the change has been posted in the office of the |
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| 96 | 96 | | 3.29municipal clerk or county auditor for at least 56 days. |
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| 97 | 97 | | 3.30 The county auditor must publish a notice illustrating or describing the congressional, |
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| 98 | 98 | | 3.31legislative, and county commissioner district boundaries in the county in one or more |
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| 99 | 99 | | 3.32qualified newspapers in the county at least 14 days before the first day to file affidavits of |
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| 100 | 100 | | 3.33candidacy for the state general election in the year ending in two. |
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| 101 | 101 | | 3Sec. 2. |
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| 102 | 102 | | REVISOR JFK/BM 25-0453403/05/25 4.1 Alternate dates for adopting changes in precinct boundaries, posting notices of boundary |
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| 103 | 103 | | 4.2changes, and notifying voters affected by boundary changes pursuant to this subdivision, |
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| 104 | 104 | | 4.3and procedures for coordinating precinct boundary changes with reestablishing local |
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| 105 | 105 | | 4.4government election district boundaries may be established in the manner provided in the |
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| 106 | 106 | | 4.5rules of the secretary of state. |
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| 107 | 107 | | 4.6 Sec. 3. Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read: |
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| 108 | 108 | | 4.7 Subdivision 1.Appointment lists; duties of political parties and secretary of state.On |
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| 109 | 109 | | 4.8May February 1 in a year in which there is an election for a partisan political office, each |
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| 110 | 110 | | 4.9major political party shall prepare a list of eligible voters to act as election judges in each |
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| 111 | 111 | | 4.10election precinct. The list provided by the party must indicate which eligible voters are |
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| 112 | 112 | | 4.11willing to travel to a precinct outside of their home jurisdiction to act as an election judge, |
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| 113 | 113 | | 4.12and the jurisdictions to which each eligible voter is willing to travel for that purpose. The |
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| 114 | 114 | | 4.13political parties shall furnish the lists electronically to the secretary of state, in a format |
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| 115 | 115 | | 4.14specified by the secretary of state. The secretary of state must combine the data received |
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| 116 | 116 | | 4.15from each political party under this subdivision and must process the data to locate the |
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| 117 | 117 | | 4.16precinct in which the address provided for each potential election judge is located. If the |
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| 118 | 118 | | 4.17data submitted by a political party is insufficient for the secretary of state to locate the proper |
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| 119 | 119 | | 4.18precinct, the associated name must not appear in any list forwarded to an appointing authority |
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| 120 | 120 | | 4.19under this subdivision. The secretary of state shall notify political parties of any proposed |
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| 121 | 121 | | 4.20election judges with addresses that could not be located in a precinct. |
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| 122 | 122 | | 4.21 By May February 15, the secretary of state shall furnish electronically to the county |
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| 123 | 123 | | 4.22auditor a list of the appropriate names for each election precinct in the jurisdiction of the |
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| 124 | 124 | | 4.23appointing authority, and a list of the names of individuals residing outside of the jurisdiction |
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| 125 | 125 | | 4.24who indicated a willingness to travel to that jurisdiction to act as an election judge, noting |
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| 126 | 126 | | 4.25the political party affiliation of each individual on the list. The county auditor must promptly |
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| 127 | 127 | | 4.26forward the appropriate names to the appropriate municipal clerk. |
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| 128 | 128 | | 4.27 Sec. 4. Minnesota Statutes 2024, section 204D.03, subdivision 1, is amended to read: |
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| 129 | 129 | | 4.28 Subdivision 1.State primary.The state primary shall be held on the second first Tuesday |
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| 130 | 130 | | 4.29in August May in each even-numbered year to select the nominees of the major political |
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| 131 | 131 | | 4.30parties for partisan offices and the nominees for nonpartisan offices to be filled at the state |
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| 132 | 132 | | 4.31general election, other than presidential electors. |
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| 133 | 133 | | 4Sec. 4. |
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| 134 | 134 | | REVISOR JFK/BM 25-0453403/05/25 5.1 Sec. 5. Minnesota Statutes 2024, section 204D.09, subdivision 1, is amended to read: |
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| 135 | 135 | | 5.2 Subdivision 1.Example ballot.No later than May February 1 of each year, the secretary |
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| 136 | 136 | | 5.3of state shall supply each auditor with a copy of an example ballot to be used at the state |
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| 137 | 137 | | 5.4primary and state general election. The example ballot must illustrate the format required |
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| 138 | 138 | | 5.5for the ballots used in the primary and general elections that year. The county auditor shall |
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| 139 | 139 | | 5.6distribute copies of the example ballot to municipal and school district clerks in municipalities |
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| 140 | 140 | | 5.7and school districts holding elections that year. The official ballot must conform in all |
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| 141 | 141 | | 5.8respects to the example ballot. |
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| 142 | 142 | | 5.9 Sec. 6. Minnesota Statutes 2024, section 204D.28, subdivision 5, is amended to read: |
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| 143 | 143 | | 5.10 Subd. 5.Regular state primary."Regular state primary" means: |
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| 144 | 144 | | 5.11 (a) the state primary at which candidates are nominated for offices elected at the state |
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| 145 | 145 | | 5.12general election; or |
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| 146 | 146 | | 5.13 (b) a primary held on the second first Tuesday in August May of odd-numbered years. |
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| 147 | 147 | | 5.14 Sec. 7. Minnesota Statutes 2024, section 205.065, subdivision 1, is amended to read: |
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| 148 | 148 | | 5.15 Subdivision 1.Establishing primary.A municipal primary for the purpose of nominating |
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| 149 | 149 | | 5.16elective officers may be held in any city on the second first Tuesday in August May of any |
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| 150 | 150 | | 5.17year in which a municipal general election is to be held for the purpose of electing officers. |
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| 151 | 151 | | 5.18The date of a municipal primary held in an odd-numbered year may be postponed for |
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| 152 | 152 | | 5.19inclement weather as provided in section 205.105. |
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| 153 | 153 | | 5.20 Sec. 8. Minnesota Statutes 2024, section 205.065, subdivision 2, is amended to read: |
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| 154 | 154 | | 5.21 Subd. 2.Resolution or ordinance.The governing body of a city may, by ordinance or |
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| 155 | 155 | | 5.22resolution adopted by April December 15 in the year when before a municipal general |
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| 156 | 156 | | 5.23election is held, elect to choose nominees for municipal offices by a primary as provided |
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| 157 | 157 | | 5.24in this section. The resolution or ordinance, when adopted, is effective for all ensuing |
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| 158 | 158 | | 5.25municipal elections until it is revoked. The municipal clerk shall notify the secretary of state |
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| 159 | 159 | | 5.26and the county auditor within 30 days after the adoption of the resolution or ordinance. |
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| 160 | 160 | | 5.27 Sec. 9. Minnesota Statutes 2024, section 205A.03, subdivision 1, is amended to read: |
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| 161 | 161 | | 5.28 Subdivision 1.Resolution requiring primary in certain circumstances.The school |
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| 162 | 162 | | 5.29board of a school district may, by resolution adopted by April December 15 of any year, |
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| 163 | 163 | | 5.30decide to choose nominees for school board by a primary as provided in this section. The |
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| 164 | 164 | | 5Sec. 9. |
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| 165 | 165 | | REVISOR JFK/BM 25-0453403/05/25 6.1resolution, when adopted, is effective for all ensuing elections of board members in that |
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| 166 | 166 | | 6.2school district until it is revoked. If the board decides to choose nominees by primary and |
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| 167 | 167 | | 6.3if there are more than two candidates for a specified school board position or more than |
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| 168 | 168 | | 6.4twice as many school board candidates as there are at-large school board positions available, |
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| 169 | 169 | | 6.5the school district must hold a primary. |
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| 170 | 170 | | 6.6 Sec. 10. Minnesota Statutes 2024, section 205A.03, subdivision 2, is amended to read: |
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| 171 | 171 | | 6.7 Subd. 2.Date.The school district primary must be held on the second first Tuesday in |
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| 172 | 172 | | 6.8August May in the year when the school district general election is held. The clerk shall |
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| 173 | 173 | | 6.9give notice of the primary in the manner provided in section 205A.07. The date of a school |
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| 174 | 174 | | 6.10district primary held in an odd-numbered year may be postponed for inclement weather as |
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| 175 | 175 | | 6.11provided in section 205A.055. |
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| 176 | 176 | | 6.12 Sec. 11. Minnesota Statutes 2024, section 205A.06, subdivision 1a, is amended to read: |
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| 177 | 177 | | 6.13 Subd. 1a.Filing period.In school districts that have adopted a resolution to choose |
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| 178 | 178 | | 6.14nominees for school board by a primary election, affidavits of candidacy must be filed with |
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| 179 | 179 | | 6.15the school district clerk no earlier than the 84th day and no later than the 70th day before |
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| 180 | 180 | | 6.16the second first Tuesday in August May in the year when the school district general election |
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| 181 | 181 | | 6.17is held. In all other school districts, affidavits of candidacy must be filed no earlier than the |
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| 182 | 182 | | 6.1898th day and no later than the 84th day before the school district general election. |
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| 183 | 183 | | 6.19 Sec. 12. Minnesota Statutes 2024, section 205A.11, subdivision 2a, is amended to read: |
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| 184 | 184 | | 6.20 Subd. 2a.Notice of special elections.The school district clerk shall prepare a notice to |
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| 185 | 185 | | 6.21the voters who will be voting in a combined polling place for a school district special election. |
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| 186 | 186 | | 6.22The notice must include the following information: the date of the election, the hours of |
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| 187 | 187 | | 6.23voting, and the location of the voter's polling place. The notice must be sent by |
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| 188 | 188 | | 6.24nonforwardable mail to every affected household in the school district with at least one |
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| 189 | 189 | | 6.25registered voter. The notice must be mailed no later than 14 days before the election. The |
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| 190 | 190 | | 6.26mailed notice is not required for a school district special election that is held on the second |
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| 191 | 191 | | 6.27first Tuesday in August May, the Tuesday following the first Monday in November, or for |
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| 192 | 192 | | 6.28a special election conducted entirely by mail. A notice that is returned as undeliverable must |
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| 193 | 193 | | 6.29be forwarded immediately to the county auditor. |
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| 194 | 194 | | 6Sec. 12. |
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| 195 | 195 | | REVISOR JFK/BM 25-0453403/05/25 7.1 Sec. 13. Minnesota Statutes 2024, section 206.61, subdivision 5, is amended to read: |
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| 196 | 196 | | 7.2 Subd. 5.Alternation.The provisions of the election laws requiring the alternation of |
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| 197 | 197 | | 7.3names of candidates must be observed as far as practicable by changing the order of the |
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| 198 | 198 | | 7.4names on an electronic voting system in the various precincts so that each name appears on |
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| 199 | 199 | | 7.5the machines or marking devices used in a municipality substantially an equal number of |
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| 200 | 200 | | 7.6times in the first, last, and in each intermediate place in the list or group in which they |
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| 201 | 201 | | 7.7belong. However, the arrangement of candidates' names must be the same on all voting |
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| 202 | 202 | | 7.8systems used in the same precinct. If the number of names to be alternated exceeds the |
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| 203 | 203 | | 7.9number of precincts, the election official responsible for providing the ballots, in accordance |
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| 204 | 204 | | 7.10with subdivision 1, shall determine by lot the alternation of names. |
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| 205 | 205 | | 7.11 If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot |
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| 206 | 206 | | 7.12card, the manner of alternation of candidate names on the paper ballot must be as prescribed |
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| 207 | 207 | | 7.13for optical scan ballots in this subdivision. |
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| 208 | 208 | | 7.14 The rules adopted by the secretary of state for the rotation of candidate names must use |
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| 209 | 209 | | 7.15the number of registered voters in each precinct as of 8:00 a.m. on May February 1 of the |
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| 210 | 210 | | 7.16year when the rotation will be made as the basis for determining the rotation of names. |
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| 211 | 211 | | 7.17 Sec. 14. Minnesota Statutes 2024, section 206.82, subdivision 2, is amended to read: |
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| 212 | 212 | | 7.18 Subd. 2.Plan.The municipal clerk in a municipality where an electronic voting system |
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| 213 | 213 | | 7.19is used and the county auditor of a county in which an electronic voting system is used in |
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| 214 | 214 | | 7.20more than one municipality and the county auditor of a county in which a counting center |
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| 215 | 215 | | 7.21serving more than one municipality is located shall prepare a plan which indicates acquisition |
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| 216 | 216 | | 7.22of sufficient facilities, computer time, and professional services and which describes the |
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| 217 | 217 | | 7.23proposed manner of complying with section 206.80. The plan must be signed, notarized, |
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| 218 | 218 | | 7.24and submitted to the secretary of state more than 60 days before the first election at which |
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| 219 | 219 | | 7.25the municipality uses an electronic voting system. Before May February 1 of each subsequent |
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| 220 | 220 | | 7.26general election year, the clerk or auditor shall submit to the secretary of state notification |
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| 221 | 221 | | 7.27of any changes to the plan on file with the secretary of state. The secretary of state shall |
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| 222 | 222 | | 7.28review each plan for its sufficiency and may request technical assistance from the Department |
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| 223 | 223 | | 7.29of Information Technology Services or other agency which may be operating as the central |
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| 224 | 224 | | 7.30computer authority. The secretary of state shall notify each reporting authority of the |
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| 225 | 225 | | 7.31sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney |
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| 226 | 226 | | 7.32general, upon request of the secretary of state, may seek a district court order requiring an |
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| 227 | 227 | | 7.33election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant |
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| 228 | 228 | | 7.34to this section. |
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| 229 | 229 | | 7Sec. 14. |
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| 230 | 230 | | REVISOR JFK/BM 25-0453403/05/25 8.1 Sec. 15. EFFECTIVE DATE. |
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| 231 | 231 | | 8.2 This act is effective January 1, 2026, and applies to primary elections held on or after |
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| 232 | 232 | | 8.3January 1, 2026. |
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| 233 | 233 | | 8Sec. 15. |
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| 234 | 234 | | REVISOR JFK/BM 25-0453403/05/25 |
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