Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2428 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to elections; modifying various laws related to election administration;​
33 1.3 modifying absentee voting requirements and procedures; modifying timelines;​
44 1.4 requiring a notice to be sent with absentee ballot applications and sample ballots​
55 1.5 sent by nongovernment entities; modifying the filing period for certain local offices;​
66 1.6 amending Minnesota Statutes 2024, sections 201.225, subdivision 2; 203B.04,​
77 1.7 subdivision 1; 203B.11, subdivision 1; 203B.121, subdivision 1; 203B.23,​
88 1.8 subdivision 2; 203B.29, subdivisions 1, 2; 204B.06, subdivision 1; 204B.09,​
99 1.9 subdivisions 2, 3; 204B.14, subdivision 2; 204B.28, subdivision 2; 204B.45,​
1010 1.10 subdivision 2; 205.13, subdivisions 1, 1a; 205A.06, subdivisions 1, 1a; 447.32,​
1111 1.11 subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 211B.​
1212 1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1313 1.13 Section 1. Minnesota Statutes 2024, section 201.225, subdivision 2, is amended to read:​
1414 1.14 Subd. 2.Technology requirements.An electronic roster must:​
1515 1.15 (1) be able to be loaded with a data file that includes voter registration data in a file​
1616 1.16format prescribed by the secretary of state;​
1717 1.17 (2) allow for data to be exported in a file format prescribed by the secretary of state;​
1818 1.18 (3) allow for data to be entered manually or by scanning a Minnesota driver's license or​
1919 1.19identification card to locate a voter record or populate a voter registration application that​
2020 1.20would be printed and signed and dated by the voter. The printed registration application​
2121 1.21can be a printed form, a label printed with voter information to be affixed to a preprinted​
2222 1.22form, a combination of a form and label, or an electronic record that the voter signs​
2323 1.23electronically and is printed following its completion at the polling place;​
2424 1.24 (4) allow an election judge to update data that was populated from a scanned driver's​
2525 1.25license or identification card;​
2626 1​Section 1.​
2727 REVISOR JFK/MI 25-03996​02/24/25 ​
2828 State of Minnesota​
2929 This Document can be made available​
3030 in alternative formats upon request​
3131 HOUSE OF REPRESENTATIVES​
3232 H. F. No. 2428​
3333 NINETY-FOURTH SESSION​
3434 Authored by Virnig​03/17/2025​
3535 The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations​ 2.1 (5) cue an election judge to ask for and input data that is not populated from a scanned​
3636 2.2driver's license or identification card that is otherwise required to be collected from the voter​
3737 2.3or an election judge;​
3838 2.4 (6) immediately alert the election judge if the voter has provided information that indicates​
3939 2.5that the voter is not eligible to vote;​
4040 2.6 (7) immediately alert the election judge if the electronic roster indicates that a voter has​
4141 2.7already voted in that precinct, the voter's registration status is challenged, or it appears the​
4242 2.8voter maintains residence in a different precinct;​
4343 2.9 (8) provide immediate instructions on how to resolve a particular type of challenge when​
4444 2.10a voter's record is challenged;​
4545 2.11 (9) provide for a printed voter signature certificate, containing the voter's name, address​
4646 2.12of residence, date of birth, voter identification number, the oath required by section 204C.10,​
4747 2.13and a space for the voter's original signature. The printed voter signature certificate can be​
4848 2.14a printed form, a label printed with the voter's information to be affixed to the oath, or an​
4949 2.15electronic record that the voter signs electronically and is printed following its completion​
5050 2.16at the polling place;​
5151 2.17 (10) contain only preregistered voters within the precinct, and not contain preregistered​
5252 2.18voter data on voters registered outside of the precinct, unless being utilized for a combined​
5353 2.19polling place pursuant to section 204B.14, subdivision 2, absentee or early voting under​
5454 2.20chapter 203B or for mail balloting on election day pursuant to section 204B.45, subdivision​
5555 2.212a;​
5656 2.22 (11) be only networked within the polling location on election day, except for the purpose​
5757 2.23of updating absentee ballot records;​
5858 2.24 (12) meet minimum security, reliability, and networking standards established by the​
5959 2.25Office of the Secretary of State in consultation with the Department of Information​
6060 2.26Technology Services;​
6161 2.27 (13) be capable of providing a voter's correct polling place; and​
6262 2.28 (14) perform any other functions necessary for the efficient and secure administration​
6363 2.29of the participating election, as determined by the secretary of state.​
6464 2.30Electronic rosters used only for election day registration do not need to comply with clauses​
6565 2.31(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need​
6666 2.32to comply with clauses (4) and (5).​
6767 2​Section 1.​
6868 REVISOR JFK/MI 25-03996​02/24/25 ​ 3.1 Sec. 2. Minnesota Statutes 2024, section 203B.04, subdivision 1, is amended to read:​
6969 3.2 Subdivision 1.Application procedures.(a) Except as otherwise allowed by subdivision​
7070 3.32 or by section 203B.11, subdivision 4, or 203B.29, an application for absentee ballots for​
7171 3.4any election:​
7272 3.5 (1) may be submitted in person at any time not later than the day before the election; or​
7373 3.6 (2) if not submitted in-person as provided in clause (1), must be received at any time​
7474 3.7not less than one day seven days before the day of that election.​
7575 3.8The county auditor shall prepare absentee ballot application forms in the format provided​
7676 3.9by the secretary of state and shall furnish them to any person on request. By January 1 of​
7777 3.10each even-numbered year, the secretary of state shall make the forms to be used available​
7878 3.11to auditors through electronic means. An application submitted pursuant to this subdivision​
7979 3.12shall be in writing. An application may be submitted in person, by electronic facsimile​
8080 3.13device, by electronic mail, or by mail to:​
8181 3.14 (1) the county auditor of the county where the applicant maintains residence; or​
8282 3.15 (2) the municipal clerk of the municipality, or school district if applicable, where the​
8383 3.16applicant maintains residence.​
8484 3.17 (b) An absentee ballot application may alternatively be submitted electronically through​
8585 3.18a secure website that shall be maintained by the secretary of state for this purpose. After​
8686 3.195:00 p.m. seven days prior to an election, the secretary of state must replace the electronic​
8787 3.20application with information detailing the available options to vote before and on the​
8888 3.21upcoming election day. Notwithstanding paragraph (d), the secretary of state must require​
8989 3.22applicants using the website to submit the applicant's email address and the applicant's:​
9090 3.23 (1) verifiable Minnesota driver's license number, or Minnesota state identification card​
9191 3.24number, or; and​
9292 3.25 (2) the last four digits of the applicant's Social Security number.​
9393 3.26If an applicant does not possess both types of documents, the applicant must include the​
9494 3.27number for one type of document and must affirmatively certify that the applicant does not​
9595 3.28possess the other type of documentation. This paragraph does not apply to a town election​
9696 3.29held in March.​
9797 3.30 (c) An application submitted electronically under this paragraph (b) may only be​
9898 3.31transmitted to the county auditor for processing if the secretary of state has verified the​
9999 3.32application information matches the information in a government database associated with​
100100 3​Sec. 2.​
101101 REVISOR JFK/MI 25-03996​02/24/25 ​ 4.1the applicant's driver's license number, state identification card number, or Social Security​
102102 4.2number. The secretary of state must review all unverifiable applications for evidence of​
103103 4.3suspicious activity and must forward any such application to an appropriate law enforcement​
104104 4.4agency for investigation.​
105105 4.5 (d) An application shall be approved if it is timely received, signed and dated by the​
106106 4.6applicant, contains the applicant's name and residence and mailing addresses, date of birth,​
107107 4.7and at least one of the following:​
108108 4.8 (1) the applicant's Minnesota driver's license number;​
109109 4.9 (2) Minnesota state identification card number;​
110110 4.10 (3) the last four digits of the applicant's Social Security number; or​
111111 4.11 (4) a statement that the applicant does not have any of these numbers.​
112112 4.12All applications must be retained by the county auditor or the municipal clerk or school​
113113 4.13district clerk, if applicable. If an application is received after 5:00 p.m. seven days prior to​
114114 4.14the election, the official in charge of the ballot board must, within one day of receipt of the​
115115 4.15application, attempt to contact the applicant by telephone or email to notify the applicant​
116116 4.16of opportunities to vote in the election. The official must document the attempts made to​
117117 4.17contact the applicant.​
118118 4.18 (e) To be approved, the application must contain an oath that the information contained​
119119 4.19on the form is accurate, that the applicant is applying on the applicant's own behalf, and​
120120 4.20that the applicant is signing the form under penalty of perjury.​
121121 4.21 (f) An applicant's full date of birth, Minnesota driver's license or state identification​
122122 4.22number, and the last four digits of the applicant's Social Security number must not be made​
123123 4.23available for public inspection. An application may be submitted to the county auditor or​
124124 4.24municipal clerk by an electronic facsimile device. An application mailed or returned in​
125125 4.25person to the county auditor or municipal clerk on behalf of a voter by a person other than​
126126 4.26the voter must be deposited in the mail or returned in person to the county auditor or​
127127 4.27municipal clerk within ten seven days after it has been dated by the voter and no later than​
128128 4.28six seven days before the election.​
129129 4.29 (g) An application under this subdivision may contain an application under subdivision​
130130 4.305 to automatically receive an absentee ballot.​
131131 4​Sec. 2.​
132132 REVISOR JFK/MI 25-03996​02/24/25 ​ 5.1 Sec. 3. Minnesota Statutes 2024, section 203B.11, subdivision 1, is amended to read:​
133133 5.2 Subdivision 1.Generally.(a) Each full-time municipal clerk or school district clerk​
134134 5.3who has authority under section 203B.05 to administer absentee voting laws must designate​
135135 5.4election judges to deliver absentee ballots in accordance with this section. The county auditor​
136136 5.5must also designate election judges to perform the duties in this section. A ballot may be​
137137 5.6delivered only to an eligible voter who is a temporary or permanent resident or patient in​
138138 5.7one of the following facilities located in the municipality in which the voter maintains​
139139 5.8residence: a health care facility, hospital, or veterans home operated by the board of directors​
140140 5.9of the Minnesota veterans homes under chapter 198. The ballots must be delivered by two​
141141 5.10election judges, each of whom is affiliated with a different major political party. When the​
142142 5.11election judges deliver or return ballots as provided in this section, they must travel together​
143143 5.12in the same vehicle. Both election judges must be present when an applicant completes the​
144144 5.13certificate of eligibility and marks the absentee ballots, and may assist an applicant as​
145145 5.14provided in section 204C.15. The election judges must deposit the return envelopes containing​
146146 5.15the marked absentee ballots in a sealed container and return them to the clerk on the same​
147147 5.16day that they are delivered and marked.​
148148 5.17 (b) If a health care professional at the facility or hospital determines it is necessary to​
149149 5.18ensure the health and safety of election judges, the voter, or others at the facility or hospital,​
150150 5.19two employees of the facility or hospital may receive a ballot from the election judges and​
151151 5.20deliver the ballot to an individual voter in place of election judges, notwithstanding other​
152152 5.21requirements of this section. The employees must not in any manner request, persuade,​
153153 5.22induce, or attempt to persuade or induce the voter to vote for any particular political party​
154154 5.23or candidate. Both employees must be present when an applicant completes the certificate​
155155 5.24of eligibility and marks the absentee ballots, and may assist an applicant as provided in​
156156 5.25section 204C.15. The employees must return the ballot to the election judges immediately​
157157 5.26after the voter has finished voting.​
158158 5.27 (b) (c) At the discretion of a full-time municipal clerk, school district clerk, or county​
159159 5.28auditor, absentee ballots may be delivered in the same manner as prescribed in paragraph​
160160 5.29(a) to a shelter for battered women as defined in section 611A.37, subdivision 4, or to an​
161161 5.30assisted living facility licensed under chapter 144G.​
162162 5.31 Sec. 4. Minnesota Statutes 2024, section 203B.121, subdivision 1, is amended to read:​
163163 5.32 Subdivision 1.Establishment; applicable laws.(a) The governing body of each county,​
164164 5.33municipality, and school district with responsibility to accept and reject absentee ballots or​
165165 5.34to administer early voting must, by ordinance or resolution, establish a ballot board. The​
166166 5​Sec. 4.​
167167 REVISOR JFK/MI 25-03996​02/24/25 ​ 6.1board must consist of a sufficient number of election judges appointed as provided in sections​
168168 6.2204B.19 to 204B.22, except the provisions of section 204B.19, subdivision 5, relating to​
169169 6.3party balance in the appointment of judges and to duties to be performed by judges of​
170170 6.4different major political parties do not apply to a county election not held in conjunction​
171171 6.5with a state election. The board may include deputy county auditors or deputy city clerks​
172172 6.6who have received training in the processing and counting of absentee ballots. Each member​
173173 6.7of the ballot board must be provided adequate training on the processing and counting of​
174174 6.8absentee ballots, including but not limited to instruction on accepting and rejecting absentee​
175175 6.9ballots, storage of absentee ballots, timelines and deadlines, the role of the ballot board,​
176176 6.10procedures for opening absentee ballot envelopes, procedures for counting absentee ballots,​
177177 6.11and procedures for reporting absentee ballot totals.​
178178 6.12 (b) Each jurisdiction must pay a reasonable compensation to each member of that​
179179 6.13jurisdiction's ballot board for services rendered during an election.​
180180 6.14 (c) Except as otherwise provided by this section, all provisions of the Minnesota Election​
181181 6.15Law apply to a ballot board.​
182182 6.16 Sec. 5. Minnesota Statutes 2024, section 203B.23, subdivision 2, is amended to read:​
183183 6.17 Subd. 2.Duties.(a) The absentee ballot board must examine all returned absentee ballot​
184184 6.18envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the​
185185 6.19absentee ballots in the manner provided in section 203B.24. If the certificate of voter​
186186 6.20eligibility is not printed on the signature envelope, the certificate must be attached to the​
187187 6.21ballot envelope.​
188188 6.22 (b) The absentee ballot board must immediately examine the signature envelopes or​
189189 6.23certificates of voter eligibility that are attached to the ballot envelopes and mark them​
190190 6.24"accepted" or "rejected" during the 45 days before the election. If an envelope has been​
191191 6.25rejected at least five days before the election, the ballots in the envelope must be considered​
192192 6.26spoiled ballots and the official in charge of the absentee ballot board must provide the voter​
193193 6.27with a replacement absentee ballot and envelopes in place of the spoiled ballot.​
194194 6.28 (c) If a county has delegated the responsibility for administering absentee balloting to​
195195 6.29a municipality under section 203B.05, accepted absentee ballots must be delivered to the​
196196 6.30appropriate municipality's absentee ballot board, except as otherwise provided in this​
197197 6.31paragraph. If a municipality and county agree that the county's ballot board retains​
198198 6.32responsibility for ballots issued pursuant to sections 203B.16 to 203B.27, absentee ballots​
199199 6.33issued pursuant to these sections that are accepted must be opened, counted, and retained​
200200 6.34by the county's absentee ballot board. The absentee ballot board with the authority to open​
201201 6​Sec. 5.​
202202 REVISOR JFK/MI 25-03996​02/24/25 ​ 7.1and count the ballots must do so in accordance with section 203B.121, subdivisions 4 and​
203203 7.25.​
204204 7.3 Sec. 6. Minnesota Statutes 2024, section 203B.29, subdivision 1, is amended to read:​
205205 7.4 Subdivision 1.Emergency response providers.Any eligible Minnesota voter who is​
206206 7.5a trained or certified emergency response provider or utility worker who is deployed in​
207207 7.6response to any state of emergency declared by the President of the United States or any​
208208 7.7governor of any state within the United States during the time period authorized by law for​
209209 7.8absentee voting or on election day may request that ballots, instructions, and a certificate​
210210 7.9of voter eligibility be transmitted to the voter electronically. Upon receipt of a properly​
211211 7.10completed application requesting electronic transmission, the county auditor must​
212212 7.11electronically transmit the requested materials to the voter. The absentee ballot application​
213213 7.12deadlines in section 203B.04, subdivision 1, do not apply to this subdivision. The county​
214214 7.13auditor is not required to provide return postage to voters to whom ballots are transmitted​
215215 7.14electronically.​
216216 7.15 Sec. 7. Minnesota Statutes 2024, section 203B.29, subdivision 2, is amended to read:​
217217 7.16 Subd. 2.Reasonable accommodation for voter with disability.Any eligible Minnesota​
218218 7.17voter with a print disability, including any voter with disabilities that interfere with the​
219219 7.18effective reading, writing, or use of printed materials, may request that ballots, instructions,​
220220 7.19and a certificate of voter eligibility be transmitted to the voter electronically in an accessible​
221221 7.20format that meets Election Assistance Commission minimum accessibility requirements.​
222222 7.21Upon receipt of a properly completed application requesting electronic transmission, the​
223223 7.22county auditor shall electronically transmit the requested materials to the voter. The absentee​
224224 7.23ballot application deadlines in section 203B.04, subdivision 1, do not apply to this​
225225 7.24subdivision. The county auditor must also mail the voter materials required under section​
226226 7.25203B.07.​
227227 7.26 Sec. 8. Minnesota Statutes 2024, section 204B.06, subdivision 1, is amended to read:​
228228 7.27 Subdivision 1.Form of affidavit.(a) An affidavit of candidacy shall state the name of​
229229 7.28the office sought and, except as provided in subdivision 4, shall state that the candidate:​
230230 7.29 (1) is an eligible voter;​
231231 7.30 (2) has no other affidavit on file as a candidate for any office at the same primary or​
232232 7.31next ensuing general election, except as authorized by subdivision 9; and​
233233 7​Sec. 8.​
234234 REVISOR JFK/MI 25-03996​02/24/25 ​ 8.1 (3) is, or will be on assuming the office, 21 years of age or more, and will have maintained​
235235 8.2residence in the district from which the candidate seeks election for 30 days before the​
236236 8.3general election.​
237237 8.4 (b) An affidavit of candidacy must include a statement that the candidate's name as​
238238 8.5written on the affidavit for ballot designation is the candidate's true name or the name by​
239239 8.6which the candidate is commonly and generally known in the community. and:​
240240 8.7 (1) the phonetic spelling or an explanation for the pronunciation of the full name​
241241 8.8designated for the ballot; or​
242242 8.9 (2) a certification that the candidate is directing the official responsible for programming​
243243 8.10materials for the election to use the applicable technology's default pronunciation of the​
244244 8.11candidate's name.​
245245 8.12 (c) An affidavit of candidacy for partisan office shall also state the name of the candidate's​
246246 8.13political party or political principle, stated in three words or less.​
247247 8.14 Sec. 9. Minnesota Statutes 2024, section 204B.09, subdivision 2, is amended to read:​
248248 8.15 Subd. 2.Other elections.(a) Affidavits of candidacy and nominating petitions for city,​
249249 8.16town or other elective offices shall be filed during the time and with the official specified​
250250 8.17in chapter 205 or other applicable law or charter, except as provided for a special district​
251251 8.18candidate under subdivision 1a. Affidavits of candidacy and applications filed on behalf of​
252252 8.19eligible voters for school board office shall be filed during the time and with the official​
253253 8.20specified in chapter 205A or other applicable law. Affidavits of candidacy and nominating​
254254 8.21petitions filed under this subdivision must be submitted by mail or by hand, notwithstanding​
255255 8.22chapter 325L, or any other law to the contrary, and must be received by the appropriate​
256256 8.23official within the specified time for the filing of affidavits and petitions for the office.​
257257 8.24 (b) The official receiving the filing shall notify the official responsible for preparing the​
258258 8.25ballot of the names of the candidates placed on the ballot, any changes to candidates, or​
259259 8.26other information necessary to prepare the ballot. The notification must be made within one​
260260 8.27business day of receiving the filing or change or immediately following the close of the​
261261 8.28filing period, whichever is sooner, unless the clerk and official agree to an alternative​
262262 8.29notification timeline.​
263263 8.30 Sec. 10. Minnesota Statutes 2024, section 204B.09, subdivision 3, is amended to read:​
264264 8.31 Subd. 3.Write-in candidates.(a) A candidate for county, state, or federal office who​
265265 8.32wants write-in votes for the candidate to be counted must file a written request with the​
266266 8​Sec. 10.​
267267 REVISOR JFK/MI 25-03996​02/24/25 ​ 9.1filing office for the office sought not more than 84 days before the primary and no later​
268268 9.2than the seventh 19th day before the general election. The filing officer shall provide copies​
269269 9.3of the form to make the request. The filing officer shall not accept a written request later​
270270 9.4than 5:00 p.m. on the last day for filing a written request.​
271271 9.5 (b) The governing body of a statutory or home rule charter city may adopt a resolution​
272272 9.6governing the counting of write-in votes for local elective office. The resolution may:​
273273 9.7 (1) require the candidate to file a written request with the chief election official no later​
274274 9.8than the seventh 19th day before the city election if the candidate wants to have the​
275275 9.9candidate's write-in votes individually recorded; or​
276276 9.10 (2) require that write-in votes for an individual candidate only be individually recorded​
277277 9.11if the total number of write-in votes for that office is equal to or greater than the fewest​
278278 9.12number of non-write-in votes for a ballot candidate.​
279279 9.13If the governing body of the statutory or home rule charter city adopts a resolution authorized​
280280 9.14by this paragraph, the resolution must be adopted and the city clerk must notify the county​
281281 9.15auditor before the first day of filing for office. A resolution adopted under this paragraph​
282282 9.16remains in effect until a subsequent resolution on the same subject is adopted by the​
283283 9.17governing body of the statutory or home rule charter city.​
284284 9.18 (c) The governing body of a township, school district, hospital district, park district, soil​
285285 9.19and water district, or other ancillary elected district may adopt a resolution governing the​
286286 9.20counting of write-in votes for local elective office. The resolution may require that write-in​
287287 9.21votes for an individual candidate only be individually recorded if the total number of write-in​
288288 9.22votes for that office is equal to or greater than the fewest number of non-write-in votes for​
289289 9.23a ballot candidate. If a governing body adopts a resolution authorized by this paragraph,​
290290 9.24the resolution must be adopted and the clerk must notify the county auditor before the first​
291291 9.25day of filing for office. A resolution adopted under this paragraph remains in effect until a​
292292 9.26subsequent resolution on the same subject is adopted by the governing body.​
293293 9.27 (d) A candidate for president of the United States who files a request under this​
294294 9.28subdivision must include the name of a candidate for vice president of the United States.​
295295 9.29The request must also include the name of at least one candidate for presidential elector.​
296296 9.30The total number of names of candidates for presidential elector on the request may not​
297297 9.31exceed the total number of electoral votes to be cast by Minnesota in the presidential election.​
298298 9.32 (e) A candidate for governor who files a request under this subdivision must file jointly​
299299 9.33with another individual seeking nomination as a candidate for lieutenant governor. A​
300300 9​Sec. 10.​
301301 REVISOR JFK/MI 25-03996​02/24/25 ​ 10.1candidate for lieutenant governor who files a request under this subdivision must file jointly​
302302 10.2with another individual seeking nomination as a candidate for governor.​
303303 10.3 Sec. 11. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read:​
304304 10.4 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute​
305305 10.5at least one election precinct:​
306306 10.6 (1) each city ward; and​
307307 10.7 (2) each town and each statutory city.​
308308 10.8 (b) A single, accessible, combined polling place may be established no later than​
309309 10.9November 1 if a presidential nomination primary is scheduled to occur in the following​
310310 10.10year or May 1 of any other year:​
311311 10.11 (1) for any city of the third or fourth class, any town, or any city having territory in more​
312312 10.12than one county, in which all the voters of the city or town shall cast their ballots;​
313313 10.13 (2) for contiguous precincts in the same municipality;​
314314 10.14 (3) for up to four contiguous municipalities located entirely outside the metropolitan​
315315 10.15area, as defined by section 200.02, subdivision 24, that are contained in the same county;​
316316 10.16or​
317317 10.17 (4) for noncontiguous precincts located in one or more counties.​
318318 10.18 Subject to the requirements of paragraph (c), a single, accessible, combined polling place​
319319 10.19may be established after May 1 of any year in the event of an emergency.​
320320 10.20 A copy of the ordinance or resolution establishing a combined polling place must be​
321321 10.21filed with the county auditor within 30 days after approval by the governing body, and the​
322322 10.22county auditor must provide notice within ten days to the secretary of state, in a manner​
323323 10.23and including information prescribed by the secretary of state. A polling place combined​
324324 10.24under clause (3) must be approved by the governing body of each participating municipality.​
325325 10.25A polling place combined under clause (4) must be approved by the governing body of each​
326326 10.26participating municipality and the secretary of state and may be located outside any of the​
327327 10.27noncontiguous precincts. A municipality withdrawing from participation in a combined​
328328 10.28polling place must do so by filing a resolution of withdrawal with the county auditor no​
329329 10.29later than October 1 if a presidential nomination primary is scheduled to occur in the​
330330 10.30following year or April 1 of any other year, and the county auditor must provide notice​
331331 10.31within ten days to the secretary of state, in a manner and including information prescribed​
332332 10.32by the secretary of state.​
333333 10​Sec. 11.​
334334 REVISOR JFK/MI 25-03996​02/24/25 ​ 11.1 The secretary of state shall provide a separate polling place roster for each precinct​
335335 11.2served by the combined polling place, except that. In a precinct that uses electronic rosters,​
336336 11.3the secretary of state shall provide separate data files for each precinct and the election​
337337 11.4official responsible for the electronic rosters may combine the files as necessary to be loaded​
338338 11.5onto one or more electronic rosters provided that the requirements under section 201.225,​
339339 11.6subdivision 2, are met. A single set of election judges may be appointed to serve at a​
340340 11.7combined polling place. The number of election judges required must be based on the total​
341341 11.8number of persons voting at the last similar election in all precincts to be voting at the​
342342 11.9combined polling place. Separate ballot boxes must be provided for the ballots from each​
343343 11.10precinct. The results of the election must be reported separately for each precinct served by​
344344 11.11the combined polling place, except in a polling place established under clause (2) where​
345345 11.12one of the precincts has fewer than ten registered voters, in which case the results of that​
346346 11.13precinct must be reported in the manner specified by the secretary of state.​
347347 11.14 (c) If a local elections official determines that an emergency situation preventing the​
348348 11.15safe, secure, and full operation of a polling place on election day has occurred or is imminent,​
349349 11.16the local elections official may combine two or more polling places for that election pursuant​
350350 11.17to this subdivision. To the extent possible, the polling places must be combined and the​
351351 11.18election conducted according to the requirements of paragraph (b), except that:​
352352 11.19 (1) polling places may be combined after May 1 and until the polls close on election​
353353 11.20day;​
354354 11.21 (2) any city or town, regardless of size or location, may establish a combined polling​
355355 11.22place under this paragraph;​
356356 11.23 (3) the governing body is not required to adopt an ordinance or resolution to establish​
357357 11.24the combined polling place;​
358358 11.25 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved​
359359 11.26by the local election official of each participating municipality;​
360360 11.27 (5) the local elections official must immediately notify the county auditor and the​
361361 11.28secretary of state of the combination, including the reason for the emergency combination​
362362 11.29and the location of the combined polling place. As soon as possible, the local elections​
363363 11.30official must also post a notice stating the reason for the combination and the location of​
364364 11.31the combined polling place. The notice must also be posted on the governing board's website,​
365365 11.32if one exists. The local elections official must also notify the election judges and request​
366366 11.33that local media outlets publicly announce the reason for the combination and the location​
367367 11.34of the combined polling place; and​
368368 11​Sec. 11.​
369369 REVISOR JFK/MI 25-03996​02/24/25 ​ 12.1 (6) on election day, the local elections official must post a notice in large print in a​
370370 12.2conspicuous place at the polling place where the emergency occurred, if practical, stating​
371371 12.3the location of the combined polling place. The local election official must also post the​
372372 12.4notice, if practical, in a location visible by voters who vote from their motor vehicles as​
373373 12.5provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to​
374374 12.6section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph​
375375 12.7must include a statement that the polling place hours at the combined polling place will be​
376376 12.8extended until the specified time.​
377377 12.9 Sec. 12. Minnesota Statutes 2024, section 204B.28, subdivision 2, is amended to read:​
378378 12.10 Subd. 2.Election supplies; duties of county auditors and clerks.(a) Except as​
379379 12.11otherwise provided in this section and for absentee ballots in section 204B.35, subdivision​
380380 12.124, the county auditor shall complete the preparation of the election materials for which the​
381381 12.13auditor is responsible at least four days before every state primary and state general election.​
382382 12.14At any time after all election materials are available from the county auditor but not later​
383383 12.15than four days the day before the election each municipal clerk shall secure from the county​
384384 12.16auditor:​
385385 12.17 (1) the forms that are required for the conduct of the election;​
386386 12.18 (2) any printed voter instruction materials furnished by the secretary of state;​
387387 12.19 (3) any other instructions for election officers; and​
388388 12.20 (4) a sufficient quantity of the official ballots, registration files, envelopes for ballot​
389389 12.21returns, and other supplies and materials required for each precinct in order to comply with​
390390 12.22the provisions of the Minnesota Election Law. The county auditor may furnish the election​
391391 12.23supplies to the municipal clerks in the same manner as the supplies are furnished to precincts​
392392 12.24in unorganized territory pursuant to section 204B.29, subdivision 1.​
393393 12.25 (b) The county auditor must prepare and make available election materials for early​
394394 12.26voting to municipal clerks designated to administer early voting under section 203B.05 on​
395395 12.27or before the 19th day before the election.​
396396 12.28Sec. 13. Minnesota Statutes 2024, section 204B.45, subdivision 2, is amended to read:​
397397 12.29 Subd. 2.Procedure; voting prior to election day.Notice of the election and the special​
398398 12.30mail procedure must be given at least ten weeks prior to the election. Not more than 46 days​
399399 12.31nor later than 14 days before a regularly scheduled election and not more than 30 days nor​
400400 12.32later than 14 days before any other election, the auditor shall mail ballots by nonforwardable​
401401 12​Sec. 13.​
402402 REVISOR JFK/MI 25-03996​02/24/25 ​ 13.1mail to all voters registered in the city, town, or unorganized territory. No later than 14 days​
403403 13.2before the election, the auditor must make a subsequent mailing of ballots to those voters​
404404 13.3who register to vote after the initial mailing but before the 20th day before the election.​
405405 13.4Eligible voters not registered at the time the ballots are mailed may apply for ballots as​
406406 13.5provided in chapter 203B. Ballot return envelopes, with return postage provided, must be​
407407 13.6preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person​
408408 13.7to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to​
409409 13.8examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected"​
410410 13.9within three days of receipt if there are 14 or fewer days before election day, or within five​
411411 13.10days of receipt if there are more than 14 days before election day. The board may consist​
412412 13.11of deputy county auditors or deputy municipal clerks who have received training in the​
413413 13.12processing and counting of mail ballots, who need not be affiliated with a major political​
414414 13.13party. Election judges performing the duties in this section must be of different major​
415415 13.14political parties, unless they are exempt from that requirement under section 205.075,​
416416 13.15subdivision 4, or section 205A.10, or they are performing duties for a county election not​
417417 13.16held in conjunction with a state election. If an envelope has been rejected at least five days​
418418 13.17before the election, the ballots in the envelope must remain sealed and the auditor or clerk​
419419 13.18shall provide the voter with a replacement ballot and return envelope in place of the spoiled​
420420 13.19ballot. If the ballot is rejected within five days of the election, the envelope must remain​
421421 13.20sealed and the official in charge of the ballot board must attempt to contact the voter by​
422422 13.21telephone or email to notify the voter that the voter's ballot has been rejected. The official​
423423 13.22must document the attempts made to contact the voter.​
424424 13.23 If the ballot is accepted, the county auditor or municipal clerk must mark the roster to​
425425 13.24indicate that the voter has already cast a ballot in that election. After the close of business​
426426 13.25on the 19th day before the election, the ballots from return envelopes marked "Accepted"​
427427 13.26may be opened, duplicated as needed in the manner provided by section 206.86, subdivision​
428428 13.275, initialed by the members of the ballot board, and deposited in the ballot box.​
429429 13.28 In all other respects, the provisions of the Minnesota Election Law governing deposit​
430430 13.29and counting of ballots apply.​
431431 13.30 The mail and absentee ballots for a precinct must be counted together and reported as​
432432 13.31one vote total. No vote totals from mail or absentee ballots may be made public before the​
433433 13.32close of voting on election day.​
434434 13.33 The costs of the mailing shall be paid by the election jurisdiction in which the voter​
435435 13.34maintains residence. Any ballot received by 8:00 p.m. on the day of the election must be​
436436 13.35counted.​
437437 13​Sec. 13.​
438438 REVISOR JFK/MI 25-03996​02/24/25 ​ 14.1 Sec. 14. Minnesota Statutes 2024, section 205.13, subdivision 1, is amended to read:​
439439 14.2 Subdivision 1.Affidavit of candidacy.(a) An individual who is eligible and desires to​
440440 14.3become a candidate for an office to be voted for at the municipal general election shall file​
441441 14.4an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill​
442442 14.5a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of​
443443 14.6candidacy for the specific office to fill the unexpired portion of the term. Subject to the​
444444 14.7approval of the county auditor, the town clerk may authorize candidates for township offices​
445445 14.8to file affidavits of candidacy with the county auditor. The affidavit shall be in the same​
446446 14.9form as that in section 204B.06. The municipal clerk shall also accept an application signed​
447447 14.10by not less than five voters and filed on behalf of an eligible voter in the municipality whom​
448448 14.11they desire to be a candidate, if service of a copy of the application has been made on the​
449449 14.12candidate and proof of service is endorsed on the application being filed. Upon receipt of​
450450 14.13the proper filing fee, the clerk shall place the name of the candidate on the official ballot​
451451 14.14without partisan designation.​
452452 14.15 (b) The municipal clerk shall notify the official responsible for preparing the ballot of​
453453 14.16the names of the candidates placed on the ballot, any changes to candidates, and other​
454454 14.17information necessary to prepare the ballot. The notification must be made within one​
455455 14.18business day of receiving the filing or change or immediately following the close of the​
456456 14.19filing period, whichever is sooner, unless the clerk and official agree to an alternative​
457457 14.20notification timeline.​
458458 14.21Sec. 15. Minnesota Statutes 2024, section 205.13, subdivision 1a, is amended to read:​
459459 14.22 Subd. 1a.Filing period.In a city nominating candidates at a primary, an affidavit of​
460460 14.23candidacy for a city office voted on in November must be filed no more than 84 days nor​
461461 14.24less than 70 days before the city primary. In municipalities that do not hold a primary, an​
462462 14.25affidavit of candidacy must be filed no more than 70 days and not less than 56 days before​
463463 14.26the municipal general election held in March in any year, or a special election not held in​
464464 14.27conjunction with another election, and no more than 98 112 days nor less than 84 98 days​
465465 14.28before the municipal general election held in November of any year. The municipal clerk's​
466466 14.29office must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.​
467467 14.30 EFFECTIVE DATE.This section is effective January 1, 2026.​
468468 14.31Sec. 16. Minnesota Statutes 2024, section 205A.06, subdivision 1, is amended to read:​
469469 14.32 Subdivision 1.Affidavit of candidacy.(a) An individual who is eligible and desires to​
470470 14.33become a candidate for an office to be voted on at the election must file an affidavit of​
471471 14​Sec. 16.​
472472 REVISOR JFK/MI 25-03996​02/24/25 ​ 15.1candidacy with the school district clerk. The affidavit must be in the form prescribed by​
473473 15.2section 204B.06. The school district clerk shall also accept an application signed by at least​
474474 15.3five voters and filed on behalf of an eligible voter in the school district whom they desire​
475475 15.4to be a candidate, if service of a copy of the application has been made on the candidate​
476476 15.5and proof of service is endorsed on the application being filed. No individual shall be​
477477 15.6nominated by nominating petition for a school district elective office. Upon receipt of the​
478478 15.7proper filing fee, the clerk shall place the name of the candidate on the official ballot without​
479479 15.8partisan designation.​
480480 15.9 (b) The school district clerk shall notify the official responsible for preparing the ballot​
481481 15.10of the names of the candidates placed on the ballot, any changes to candidates, and other​
482482 15.11information necessary to prepare the ballot. The notification must be made within one​
483483 15.12business day of receiving the filing or change or immediately following the close of the​
484484 15.13filing period, whichever is sooner, unless the clerk and official agree to an alternative​
485485 15.14notification timeline.​
486486 15.15Sec. 17. Minnesota Statutes 2024, section 205A.06, subdivision 1a, is amended to read:​
487487 15.16 Subd. 1a.Filing period.In school districts that have adopted a resolution to choose​
488488 15.17nominees for school board by a primary election, affidavits of candidacy must be filed with​
489489 15.18the school district clerk no earlier than the 84th day and no later than the 70th day before​
490490 15.19the second Tuesday in August in the year when the school district general election is held.​
491491 15.20In all other school districts, affidavits of candidacy must be filed no earlier than the 98th​
492492 15.21112th day and no later than the 84th 98th day before the school district general election.​
493493 15.22 EFFECTIVE DATE.This section is effective January 1, 2026.​
494494 15.23Sec. 18. [211B.065] DISTRIBUTION OF ABSENTEE BALLOT APPLICATIONS​
495495 15.24AND SAMPLE BALLOTS.​
496496 15.25 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
497497 15.26the meanings given.​
498498 15.27 (b) "Person or entity" means any individual, committee, or association as defined in​
499499 15.28section 10A.01, subdivision 6.​
500500 15.29 (c) "Sample ballot" means a document that is formatted and printed in a manner that so​
501501 15.30closely resembles an official ballot that it could lead a reasonable person to believe the​
502502 15.31document is an official ballot. A document that contains the names of particular candidates​
503503 15.32or ballot questions alongside illustrations of a generic ballot or common ballot markings is​
504504 15​Sec. 18.​
505505 REVISOR JFK/MI 25-03996​02/24/25 ​ 16.1not a sample ballot as long as the document does not closely resemble an official ballot and​
506506 16.2would not lead a reasonable person to believe the document is an official ballot.​
507507 16.3 Subd. 2.Requirements.(a) Except as otherwise provided in this paragraph, any person​
508508 16.4or entity that mails an absentee ballot application or sample ballot to anyone in the state​
509509 16.5must comply with this section. This section does not apply to a unit of government or​
510510 16.6employee of that unit of government when discharging official election duties.​
511511 16.7 (b) The person or entity mailing the absentee ballot application or sample ballot must​
512512 16.8also include a statement that:​
513513 16.9 (1) the mailing is not an official election communication from a unit of government;​
514514 16.10 (2) the application or ballot has not been included at the request of a government official;​
515515 16.11and​
516516 16.12 (3) if a sample ballot is enclosed, the sample ballot is not an official ballot and the voter​
517517 16.13must not cast the enclosed sample ballot.​
518518 16.14 (c) The statement required in paragraph (b) must be printed in a typeface and format​
519519 16.15designed to be clearly visible at the time the mailing is opened. The mailing envelope must​
520520 16.16include markings to clearly distinguish it from official election mail sent by a unit of​
521521 16.17government.​
522522 16.18 (d) If an absentee ballot application is included, the application fields must be blank and​
523523 16.19must not include the voter's name, address, or any other required information.​
524524 16.20Sec. 19. Minnesota Statutes 2024, section 447.32, subdivision 4, is amended to read:​
525525 16.21 Subd. 4.Candidates; ballots; certifying election.(a) A person who wants to be a​
526526 16.22candidate for the hospital board shall file an affidavit of candidacy for the election either​
527527 16.23as member at large or as a member representing the city or town where the candidate​
528528 16.24maintains residence. The affidavit of candidacy must be filed with the city or town clerk​
529529 16.25not more than 98 112 days nor less than 84 98 days before the first Tuesday after the first​
530530 16.26Monday in November of the year in which the general election is held. The city or town​
531531 16.27clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the​
532532 16.28first election, the clerk of the most populous city or town immediately after the last day of​
533533 16.29the filing period. A candidate may withdraw from the election by filing an affidavit of​
534534 16.30withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day​
535535 16.31to file affidavits of candidacy.​
536536 16​Sec. 19.​
537537 REVISOR JFK/MI 25-03996​02/24/25 ​ 17.1 (b) Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,​
538538 17.2necessary ballots for the election of officers. Ballots must be prepared as provided in the​
539539 17.3rules of the secretary of state. The ballots must be marked and initialed by at least two judges​
540540 17.4as official ballots and used exclusively at the election. Any proposition to be voted on may​
541541 17.5be printed on the ballot provided for the election of officers. The hospital board may also​
542542 17.6authorize the use of voting systems subject to chapter 206. Enough election judges may be​
543543 17.7appointed to receive the votes at each polling place. The election judges shall act as clerks​
544544 17.8of election, count the ballots cast, and submit them to the board for canvass.​
545545 17.9 (c) After canvassing the election, the board shall issue a certificate of election to the​
546546 17.10candidate who received the largest number of votes cast for each office. The clerk shall​
547547 17.11deliver the certificate to the person entitled to it in person or by certified mail. Each person​
548548 17.12certified shall file an acceptance and oath of office in writing with the clerk within 30 days​
549549 17.13after the date of delivery or mailing of the certificate. The board may fill any office as​
550550 17.14provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification​
551551 17.15is effective if made before the board acts to fill the vacancy.​
552552 17.16 EFFECTIVE DATE.This section is effective January 1, 2026.​
553553 17​Sec. 19.​
554554 REVISOR JFK/MI 25-03996​02/24/25 ​