Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2343 Latest Draft

Bill / Introduced Version Filed 03/13/2025

                            1.1	A bill for an act​
1.2 relating to elections; changing the date of the state primary from August to May;​
1.3 changing the date of primary elections conducted by a political subdivision in​
1.4 certain circumstances; amending Minnesota Statutes 2024, sections 204B.14,​
1.5 subdivisions 2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09,​
1.6 subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03,​
1.7 subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61,​
1.8 subdivision 5; 206.82, subdivision 2.​
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.10 Section 1. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read:​
1.11 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute​
1.12at least one election precinct:​
1.13 (1) each city ward; and​
1.14 (2) each town and each statutory city.​
1.15 (b) A single, accessible, combined polling place may be established no later than​
1.16November 1 if a presidential nomination primary is scheduled to occur in the following​
1.17year or May February 1 of any other year:​
1.18 (1) for any city of the third or fourth class, any town, or any city having territory in more​
1.19than one county, in which all the voters of the city or town shall cast their ballots;​
1.20 (2) for contiguous precincts in the same municipality;​
1.21 (3) for up to four contiguous municipalities located entirely outside the metropolitan​
1.22area, as defined by section 200.02, subdivision 24, that are contained in the same county;​
1.23or​
1​Section 1.​
REVISOR JFK/BM 25-04534​03/05/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  2343​
NINETY-FOURTH SESSION​
Authored by Quam​03/13/2025​
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.​
2.2 Subject to the requirements of paragraph (c), a single, accessible, combined polling place​
2.3may be established after May February 1 of any year in the event of an emergency.​
2.4 A copy of the ordinance or resolution establishing a combined polling place must be​
2.5filed with the county auditor within 30 days after approval by the governing body, and the​
2.6county auditor must provide notice within ten days to the secretary of state, in a manner​
2.7and including information prescribed by the secretary of state. A polling place combined​
2.8under clause (3) must be approved by the governing body of each participating municipality.​
2.9A polling place combined under clause (4) must be approved by the governing body of each​
2.10participating municipality and the secretary of state and may be located outside any of the​
2.11noncontiguous precincts. A municipality withdrawing from participation in a combined​
2.12polling place must do so by filing a resolution of withdrawal with the county auditor no​
2.13later than October 1 if a presidential nomination primary is scheduled to occur in the​
2.14following year or April January 1 of any other year, and the county auditor must provide​
2.15notice within ten days to the secretary of state, in a manner and including information​
2.16prescribed by the secretary of state.​
2.17 The secretary of state shall provide a separate polling place roster for each precinct​
2.18served by the combined polling place, except that in a precinct that uses electronic rosters​
2.19the secretary of state shall provide separate data files for each precinct. A single set of​
2.20election judges may be appointed to serve at a combined polling place. The number of​
2.21election judges required must be based on the total number of persons voting at the last​
2.22similar election in all precincts to be voting at the combined polling place. Separate ballot​
2.23boxes must be provided for the ballots from each precinct. The results of the election must​
2.24be reported separately for each precinct served by the combined polling place, except in a​
2.25polling place established under clause (2) where one of the precincts has fewer than ten​
2.26registered voters, in which case the results of that precinct must be reported in the manner​
2.27specified by the secretary of state.​
2.28 (c) If a local elections official determines that an emergency situation preventing the​
2.29safe, secure, and full operation of a polling place on election day has occurred or is imminent,​
2.30the local elections official may combine two or more polling places for that election pursuant​
2.31to this subdivision. To the extent possible, the polling places must be combined and the​
2.32election conducted according to the requirements of paragraph (b), except that:​
2.33 (1) polling places may be combined after May February 1 and until the polls close on​
2.34election day;​
2​Section 1.​
REVISOR JFK/BM 25-04534​03/05/25 ​ 3.1 (2) any city or town, regardless of size or location, may establish a combined polling​
3.2place under this paragraph;​
3.3 (3) the governing body is not required to adopt an ordinance or resolution to establish​
3.4the combined polling place;​
3.5 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved​
3.6by the local election official of each participating municipality;​
3.7 (5) the local elections official must immediately notify the county auditor and the​
3.8secretary of state of the combination, including the reason for the emergency combination​
3.9and the location of the combined polling place. As soon as possible, the local elections​
3.10official must also post a notice stating the reason for the combination and the location of​
3.11the combined polling place. The notice must also be posted on the governing board's website,​
3.12if one exists. The local elections official must also notify the election judges and request​
3.13that local media outlets publicly announce the reason for the combination and the location​
3.14of the combined polling place; and​
3.15 (6) on election day, the local elections official must post a notice in large print in a​
3.16conspicuous place at the polling place where the emergency occurred, if practical, stating​
3.17the location of the combined polling place. The local election official must also post the​
3.18notice, if practical, in a location visible by voters who vote from their motor vehicles as​
3.19provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to​
3.20section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph​
3.21must include a statement that the polling place hours at the combined polling place will be​
3.22extended until the specified time.​
3.23 Sec. 2. Minnesota Statutes 2024, section 204B.14, subdivision 4, is amended to read:​
3.24 Subd. 4.Boundary change procedure.Any change in the boundary of an election​
3.25precinct must be adopted at least ten weeks before the date of the next election and, for the​
3.26state primary and general election or presidential nomination primary, no later than December​
3.27November 1 in the year prior to the year of the state general election. The precinct boundary​
3.28change shall not take effect until notice of the change has been posted in the office of the​
3.29municipal clerk or county auditor for at least 56 days.​
3.30 The county auditor must publish a notice illustrating or describing the congressional,​
3.31legislative, and county commissioner district boundaries in the county in one or more​
3.32qualified newspapers in the county at least 14 days before the first day to file affidavits of​
3.33candidacy for the state general election in the year ending in two.​
3​Sec. 2.​
REVISOR JFK/BM 25-04534​03/05/25 ​ 4.1 Alternate dates for adopting changes in precinct boundaries, posting notices of boundary​
4.2changes, and notifying voters affected by boundary changes pursuant to this subdivision,​
4.3and procedures for coordinating precinct boundary changes with reestablishing local​
4.4government election district boundaries may be established in the manner provided in the​
4.5rules of the secretary of state.​
4.6 Sec. 3. Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read:​
4.7 Subdivision 1.Appointment lists; duties of political parties and secretary of state.On​
4.8May February 1 in a year in which there is an election for a partisan political office, each​
4.9major political party shall prepare a list of eligible voters to act as election judges in each​
4.10election precinct. The list provided by the party must indicate which eligible voters are​
4.11willing to travel to a precinct outside of their home jurisdiction to act as an election judge,​
4.12and the jurisdictions to which each eligible voter is willing to travel for that purpose. The​
4.13political parties shall furnish the lists electronically to the secretary of state, in a format​
4.14specified by the secretary of state. The secretary of state must combine the data received​
4.15from each political party under this subdivision and must process the data to locate the​
4.16precinct in which the address provided for each potential election judge is located. If the​
4.17data submitted by a political party is insufficient for the secretary of state to locate the proper​
4.18precinct, the associated name must not appear in any list forwarded to an appointing authority​
4.19under this subdivision. The secretary of state shall notify political parties of any proposed​
4.20election judges with addresses that could not be located in a precinct.​
4.21 By May February 15, the secretary of state shall furnish electronically to the county​
4.22auditor a list of the appropriate names for each election precinct in the jurisdiction of the​
4.23appointing authority, and a list of the names of individuals residing outside of the jurisdiction​
4.24who indicated a willingness to travel to that jurisdiction to act as an election judge, noting​
4.25the political party affiliation of each individual on the list. The county auditor must promptly​
4.26forward the appropriate names to the appropriate municipal clerk.​
4.27 Sec. 4. Minnesota Statutes 2024, section 204D.03, subdivision 1, is amended to read:​
4.28 Subdivision 1.State primary.The state primary shall be held on the second first Tuesday​
4.29in August May in each even-numbered year to select the nominees of the major political​
4.30parties for partisan offices and the nominees for nonpartisan offices to be filled at the state​
4.31general election, other than presidential electors.​
4​Sec. 4.​
REVISOR JFK/BM 25-04534​03/05/25 ​ 5.1 Sec. 5. Minnesota Statutes 2024, section 204D.09, subdivision 1, is amended to read:​
5.2 Subdivision 1.Example ballot.No later than May February 1 of each year, the secretary​
5.3of state shall supply each auditor with a copy of an example ballot to be used at the state​
5.4primary and state general election. The example ballot must illustrate the format required​
5.5for the ballots used in the primary and general elections that year. The county auditor shall​
5.6distribute copies of the example ballot to municipal and school district clerks in municipalities​
5.7and school districts holding elections that year. The official ballot must conform in all​
5.8respects to the example ballot.​
5.9 Sec. 6. Minnesota Statutes 2024, section 204D.28, subdivision 5, is amended to read:​
5.10 Subd. 5.Regular state primary."Regular state primary" means:​
5.11 (a) the state primary at which candidates are nominated for offices elected at the state​
5.12general election; or​
5.13 (b) a primary held on the second first Tuesday in August May of odd-numbered years.​
5.14 Sec. 7. Minnesota Statutes 2024, section 205.065, subdivision 1, is amended to read:​
5.15 Subdivision 1.Establishing primary.A municipal primary for the purpose of nominating​
5.16elective officers may be held in any city on the second first Tuesday in August May of any​
5.17year in which a municipal general election is to be held for the purpose of electing officers.​
5.18The date of a municipal primary held in an odd-numbered year may be postponed for​
5.19inclement weather as provided in section 205.105.​
5.20 Sec. 8. Minnesota Statutes 2024, section 205.065, subdivision 2, is amended to read:​
5.21 Subd. 2.Resolution or ordinance.The governing body of a city may, by ordinance or​
5.22resolution adopted by April December 15 in the year when before a municipal general​
5.23election is held, elect to choose nominees for municipal offices by a primary as provided​
5.24in this section. The resolution or ordinance, when adopted, is effective for all ensuing​
5.25municipal elections until it is revoked. The municipal clerk shall notify the secretary of state​
5.26and the county auditor within 30 days after the adoption of the resolution or ordinance.​
5.27 Sec. 9. Minnesota Statutes 2024, section 205A.03, subdivision 1, is amended to read:​
5.28 Subdivision 1.Resolution requiring primary in certain circumstances.The school​
5.29board of a school district may, by resolution adopted by April December 15 of any year,​
5.30decide to choose nominees for school board by a primary as provided in this section. The​
5​Sec. 9.​
REVISOR JFK/BM 25-04534​03/05/25 ​ 6.1resolution, when adopted, is effective for all ensuing elections of board members in that​
6.2school district until it is revoked. If the board decides to choose nominees by primary and​
6.3if there are more than two candidates for a specified school board position or more than​
6.4twice as many school board candidates as there are at-large school board positions available,​
6.5the school district must hold a primary.​
6.6 Sec. 10. Minnesota Statutes 2024, section 205A.03, subdivision 2, is amended to read:​
6.7 Subd. 2.Date.The school district primary must be held on the second first Tuesday in​
6.8August May in the year when the school district general election is held. The clerk shall​
6.9give notice of the primary in the manner provided in section 205A.07. The date of a school​
6.10district primary held in an odd-numbered year may be postponed for inclement weather as​
6.11provided in section 205A.055.​
6.12 Sec. 11. Minnesota Statutes 2024, section 205A.06, subdivision 1a, is amended to read:​
6.13 Subd. 1a.Filing period.In school districts that have adopted a resolution to choose​
6.14nominees for school board by a primary election, affidavits of candidacy must be filed with​
6.15the school district clerk no earlier than the 84th day and no later than the 70th day before​
6.16the second first Tuesday in August May in the year when the school district general election​
6.17is held. In all other school districts, affidavits of candidacy must be filed no earlier than the​
6.1898th day and no later than the 84th day before the school district general election.​
6.19 Sec. 12. Minnesota Statutes 2024, section 205A.11, subdivision 2a, is amended to read:​
6.20 Subd. 2a.Notice of special elections.The school district clerk shall prepare a notice to​
6.21the voters who will be voting in a combined polling place for a school district special election.​
6.22The notice must include the following information: the date of the election, the hours of​
6.23voting, and the location of the voter's polling place. The notice must be sent by​
6.24nonforwardable mail to every affected household in the school district with at least one​
6.25registered voter. The notice must be mailed no later than 14 days before the election. The​
6.26mailed notice is not required for a school district special election that is held on the second​
6.27first Tuesday in August May, the Tuesday following the first Monday in November, or for​
6.28a special election conducted entirely by mail. A notice that is returned as undeliverable must​
6.29be forwarded immediately to the county auditor.​
6​Sec. 12.​
REVISOR JFK/BM 25-04534​03/05/25 ​ 7.1 Sec. 13. Minnesota Statutes 2024, section 206.61, subdivision 5, is amended to read:​
7.2 Subd. 5.Alternation.The provisions of the election laws requiring the alternation of​
7.3names of candidates must be observed as far as practicable by changing the order of the​
7.4names on an electronic voting system in the various precincts so that each name appears on​
7.5the machines or marking devices used in a municipality substantially an equal number of​
7.6times in the first, last, and in each intermediate place in the list or group in which they​
7.7belong. However, the arrangement of candidates' names must be the same on all voting​
7.8systems used in the same precinct. If the number of names to be alternated exceeds the​
7.9number of precincts, the election official responsible for providing the ballots, in accordance​
7.10with subdivision 1, shall determine by lot the alternation of names.​
7.11 If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot​
7.12card, the manner of alternation of candidate names on the paper ballot must be as prescribed​
7.13for optical scan ballots in this subdivision.​
7.14 The rules adopted by the secretary of state for the rotation of candidate names must use​
7.15the number of registered voters in each precinct as of 8:00 a.m. on May February 1 of the​
7.16year when the rotation will be made as the basis for determining the rotation of names.​
7.17 Sec. 14. Minnesota Statutes 2024, section 206.82, subdivision 2, is amended to read:​
7.18 Subd. 2.Plan.The municipal clerk in a municipality where an electronic voting system​
7.19is used and the county auditor of a county in which an electronic voting system is used in​
7.20more than one municipality and the county auditor of a county in which a counting center​
7.21serving more than one municipality is located shall prepare a plan which indicates acquisition​
7.22of sufficient facilities, computer time, and professional services and which describes the​
7.23proposed manner of complying with section 206.80. The plan must be signed, notarized,​
7.24and submitted to the secretary of state more than 60 days before the first election at which​
7.25the municipality uses an electronic voting system. Before May February 1 of each subsequent​
7.26general election year, the clerk or auditor shall submit to the secretary of state notification​
7.27of any changes to the plan on file with the secretary of state. The secretary of state shall​
7.28review each plan for its sufficiency and may request technical assistance from the Department​
7.29of Information Technology Services or other agency which may be operating as the central​
7.30computer authority. The secretary of state shall notify each reporting authority of the​
7.31sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney​
7.32general, upon request of the secretary of state, may seek a district court order requiring an​
7.33election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant​
7.34to this section.​
7​Sec. 14.​
REVISOR JFK/BM 25-04534​03/05/25 ​ 8.1 Sec. 15. EFFECTIVE DATE.​
8.2 This act is effective January 1, 2026, and applies to primary elections held on or after​
8.3January 1, 2026.​
8​Sec. 15.​
REVISOR JFK/BM 25-04534​03/05/25 ​