1.1 A bill for an act
1.2 relating to elections; modifying various laws related to election administration;
1.3 modifying absentee voting requirements and procedures; modifying timelines;
1.4 requiring a notice to be sent with absentee ballot applications and sample ballots
1.5 sent by nongovernment entities; modifying the filing period for certain local offices;
1.6 amending Minnesota Statutes 2024, sections 201.225, subdivision 2; 203B.04,
1.7 subdivision 1; 203B.11, subdivision 1; 203B.121, subdivision 1; 203B.23,
1.8 subdivision 2; 203B.29, subdivisions 1, 2; 204B.06, subdivision 1; 204B.09,
1.9 subdivisions 2, 3; 204B.14, subdivision 2; 204B.28, subdivision 2; 204B.45,
1.10 subdivision 2; 205.13, subdivisions 1, 1a; 205A.06, subdivisions 1, 1a; 447.32,
1.11 subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 211B.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2024, section 201.225, subdivision 2, is amended to read:
1.14 Subd. 2.Technology requirements.An electronic roster must:
1.15 (1) be able to be loaded with a data file that includes voter registration data in a file
1.16format prescribed by the secretary of state;
1.17 (2) allow for data to be exported in a file format prescribed by the secretary of state;
1.18 (3) allow for data to be entered manually or by scanning a Minnesota driver's license or
1.19identification card to locate a voter record or populate a voter registration application that
1.20would be printed and signed and dated by the voter. The printed registration application
1.21can be a printed form, a label printed with voter information to be affixed to a preprinted
1.22form, a combination of a form and label, or an electronic record that the voter signs
1.23electronically and is printed following its completion at the polling place;
1.24 (4) allow an election judge to update data that was populated from a scanned driver's
1.25license or identification card;
1Section 1.
REVISOR JFK/MI 25-0399602/24/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2428
NINETY-FOURTH SESSION
Authored by Virnig03/17/2025
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
2.2driver's license or identification card that is otherwise required to be collected from the voter
2.3or an election judge;
2.4 (6) immediately alert the election judge if the voter has provided information that indicates
2.5that the voter is not eligible to vote;
2.6 (7) immediately alert the election judge if the electronic roster indicates that a voter has
2.7already voted in that precinct, the voter's registration status is challenged, or it appears the
2.8voter maintains residence in a different precinct;
2.9 (8) provide immediate instructions on how to resolve a particular type of challenge when
2.10a voter's record is challenged;
2.11 (9) provide for a printed voter signature certificate, containing the voter's name, address
2.12of residence, date of birth, voter identification number, the oath required by section 204C.10,
2.13and a space for the voter's original signature. The printed voter signature certificate can be
2.14a printed form, a label printed with the voter's information to be affixed to the oath, or an
2.15electronic record that the voter signs electronically and is printed following its completion
2.16at the polling place;
2.17 (10) contain only preregistered voters within the precinct, and not contain preregistered
2.18voter data on voters registered outside of the precinct, unless being utilized for a combined
2.19polling place pursuant to section 204B.14, subdivision 2, absentee or early voting under
2.20chapter 203B or for mail balloting on election day pursuant to section 204B.45, subdivision
2.212a;
2.22 (11) be only networked within the polling location on election day, except for the purpose
2.23of updating absentee ballot records;
2.24 (12) meet minimum security, reliability, and networking standards established by the
2.25Office of the Secretary of State in consultation with the Department of Information
2.26Technology Services;
2.27 (13) be capable of providing a voter's correct polling place; and
2.28 (14) perform any other functions necessary for the efficient and secure administration
2.29of the participating election, as determined by the secretary of state.
2.30Electronic rosters used only for election day registration do not need to comply with clauses
2.31(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
2.32to comply with clauses (4) and (5).
2Section 1.
REVISOR JFK/MI 25-0399602/24/25 3.1 Sec. 2. Minnesota Statutes 2024, section 203B.04, subdivision 1, is amended to read:
3.2 Subdivision 1.Application procedures.(a) Except as otherwise allowed by subdivision
3.32 or by section 203B.11, subdivision 4, or 203B.29, an application for absentee ballots for
3.4any election:
3.5 (1) may be submitted in person at any time not later than the day before the election; or
3.6 (2) if not submitted in-person as provided in clause (1), must be received at any time
3.7not less than one day seven days before the day of that election.
3.8The county auditor shall prepare absentee ballot application forms in the format provided
3.9by the secretary of state and shall furnish them to any person on request. By January 1 of
3.10each even-numbered year, the secretary of state shall make the forms to be used available
3.11to auditors through electronic means. An application submitted pursuant to this subdivision
3.12shall be in writing. An application may be submitted in person, by electronic facsimile
3.13device, by electronic mail, or by mail to:
3.14 (1) the county auditor of the county where the applicant maintains residence; or
3.15 (2) the municipal clerk of the municipality, or school district if applicable, where the
3.16applicant maintains residence.
3.17 (b) An absentee ballot application may alternatively be submitted electronically through
3.18a secure website that shall be maintained by the secretary of state for this purpose. After
3.195:00 p.m. seven days prior to an election, the secretary of state must replace the electronic
3.20application with information detailing the available options to vote before and on the
3.21upcoming election day. Notwithstanding paragraph (d), the secretary of state must require
3.22applicants using the website to submit the applicant's email address and the applicant's:
3.23 (1) verifiable Minnesota driver's license number, or Minnesota state identification card
3.24number, or; and
3.25 (2) the last four digits of the applicant's Social Security number.
3.26If an applicant does not possess both types of documents, the applicant must include the
3.27number for one type of document and must affirmatively certify that the applicant does not
3.28possess the other type of documentation. This paragraph does not apply to a town election
3.29held in March.
3.30 (c) An application submitted electronically under this paragraph (b) may only be
3.31transmitted to the county auditor for processing if the secretary of state has verified the
3.32application information matches the information in a government database associated with
3Sec. 2.
REVISOR JFK/MI 25-0399602/24/25 4.1the applicant's driver's license number, state identification card number, or Social Security
4.2number. The secretary of state must review all unverifiable applications for evidence of
4.3suspicious activity and must forward any such application to an appropriate law enforcement
4.4agency for investigation.
4.5 (d) An application shall be approved if it is timely received, signed and dated by the
4.6applicant, contains the applicant's name and residence and mailing addresses, date of birth,
4.7and at least one of the following:
4.8 (1) the applicant's Minnesota driver's license number;
4.9 (2) Minnesota state identification card number;
4.10 (3) the last four digits of the applicant's Social Security number; or
4.11 (4) a statement that the applicant does not have any of these numbers.
4.12All applications must be retained by the county auditor or the municipal clerk or school
4.13district clerk, if applicable. If an application is received after 5:00 p.m. seven days prior to
4.14the election, the official in charge of the ballot board must, within one day of receipt of the
4.15application, attempt to contact the applicant by telephone or email to notify the applicant
4.16of opportunities to vote in the election. The official must document the attempts made to
4.17contact the applicant.
4.18 (e) To be approved, the application must contain an oath that the information contained
4.19on the form is accurate, that the applicant is applying on the applicant's own behalf, and
4.20that the applicant is signing the form under penalty of perjury.
4.21 (f) An applicant's full date of birth, Minnesota driver's license or state identification
4.22number, and the last four digits of the applicant's Social Security number must not be made
4.23available for public inspection. An application may be submitted to the county auditor or
4.24municipal clerk by an electronic facsimile device. An application mailed or returned in
4.25person to the county auditor or municipal clerk on behalf of a voter by a person other than
4.26the voter must be deposited in the mail or returned in person to the county auditor or
4.27municipal clerk within ten seven days after it has been dated by the voter and no later than
4.28six seven days before the election.
4.29 (g) An application under this subdivision may contain an application under subdivision
4.305 to automatically receive an absentee ballot.
4Sec. 2.
REVISOR JFK/MI 25-0399602/24/25 5.1 Sec. 3. Minnesota Statutes 2024, section 203B.11, subdivision 1, is amended to read:
5.2 Subdivision 1.Generally.(a) Each full-time municipal clerk or school district clerk
5.3who has authority under section 203B.05 to administer absentee voting laws must designate
5.4election judges to deliver absentee ballots in accordance with this section. The county auditor
5.5must also designate election judges to perform the duties in this section. A ballot may be
5.6delivered only to an eligible voter who is a temporary or permanent resident or patient in
5.7one of the following facilities located in the municipality in which the voter maintains
5.8residence: a health care facility, hospital, or veterans home operated by the board of directors
5.9of the Minnesota veterans homes under chapter 198. The ballots must be delivered by two
5.10election judges, each of whom is affiliated with a different major political party. When the
5.11election judges deliver or return ballots as provided in this section, they must travel together
5.12in the same vehicle. Both election judges must be present when an applicant completes the
5.13certificate of eligibility and marks the absentee ballots, and may assist an applicant as
5.14provided in section 204C.15. The election judges must deposit the return envelopes containing
5.15the marked absentee ballots in a sealed container and return them to the clerk on the same
5.16day that they are delivered and marked.
5.17 (b) If a health care professional at the facility or hospital determines it is necessary to
5.18ensure the health and safety of election judges, the voter, or others at the facility or hospital,
5.19two employees of the facility or hospital may receive a ballot from the election judges and
5.20deliver the ballot to an individual voter in place of election judges, notwithstanding other
5.21requirements of this section. The employees must not in any manner request, persuade,
5.22induce, or attempt to persuade or induce the voter to vote for any particular political party
5.23or candidate. Both employees must be present when an applicant completes the certificate
5.24of eligibility and marks the absentee ballots, and may assist an applicant as provided in
5.25section 204C.15. The employees must return the ballot to the election judges immediately
5.26after the voter has finished voting.
5.27 (b) (c) At the discretion of a full-time municipal clerk, school district clerk, or county
5.28auditor, absentee ballots may be delivered in the same manner as prescribed in paragraph
5.29(a) to a shelter for battered women as defined in section 611A.37, subdivision 4, or to an
5.30assisted living facility licensed under chapter 144G.
5.31 Sec. 4. Minnesota Statutes 2024, section 203B.121, subdivision 1, is amended to read:
5.32 Subdivision 1.Establishment; applicable laws.(a) The governing body of each county,
5.33municipality, and school district with responsibility to accept and reject absentee ballots or
5.34to administer early voting must, by ordinance or resolution, establish a ballot board. The
5Sec. 4.
REVISOR JFK/MI 25-0399602/24/25 6.1board must consist of a sufficient number of election judges appointed as provided in sections
6.2204B.19 to 204B.22, except the provisions of section 204B.19, subdivision 5, relating to
6.3party balance in the appointment of judges and to duties to be performed by judges of
6.4different major political parties do not apply to a county election not held in conjunction
6.5with a state election. The board may include deputy county auditors or deputy city clerks
6.6who have received training in the processing and counting of absentee ballots. Each member
6.7of the ballot board must be provided adequate training on the processing and counting of
6.8absentee ballots, including but not limited to instruction on accepting and rejecting absentee
6.9ballots, storage of absentee ballots, timelines and deadlines, the role of the ballot board,
6.10procedures for opening absentee ballot envelopes, procedures for counting absentee ballots,
6.11and procedures for reporting absentee ballot totals.
6.12 (b) Each jurisdiction must pay a reasonable compensation to each member of that
6.13jurisdiction's ballot board for services rendered during an election.
6.14 (c) Except as otherwise provided by this section, all provisions of the Minnesota Election
6.15Law apply to a ballot board.
6.16 Sec. 5. Minnesota Statutes 2024, section 203B.23, subdivision 2, is amended to read:
6.17 Subd. 2.Duties.(a) The absentee ballot board must examine all returned absentee ballot
6.18envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the
6.19absentee ballots in the manner provided in section 203B.24. If the certificate of voter
6.20eligibility is not printed on the signature envelope, the certificate must be attached to the
6.21ballot envelope.
6.22 (b) The absentee ballot board must immediately examine the signature envelopes or
6.23certificates of voter eligibility that are attached to the ballot envelopes and mark them
6.24"accepted" or "rejected" during the 45 days before the election. If an envelope has been
6.25rejected at least five days before the election, the ballots in the envelope must be considered
6.26spoiled ballots and the official in charge of the absentee ballot board must provide the voter
6.27with a replacement absentee ballot and envelopes in place of the spoiled ballot.
6.28 (c) If a county has delegated the responsibility for administering absentee balloting to
6.29a municipality under section 203B.05, accepted absentee ballots must be delivered to the
6.30appropriate municipality's absentee ballot board, except as otherwise provided in this
6.31paragraph. If a municipality and county agree that the county's ballot board retains
6.32responsibility for ballots issued pursuant to sections 203B.16 to 203B.27, absentee ballots
6.33issued pursuant to these sections that are accepted must be opened, counted, and retained
6.34by the county's absentee ballot board. The absentee ballot board with the authority to open
6Sec. 5.
REVISOR JFK/MI 25-0399602/24/25 7.1and count the ballots must do so in accordance with section 203B.121, subdivisions 4 and
7.25.
7.3 Sec. 6. Minnesota Statutes 2024, section 203B.29, subdivision 1, is amended to read:
7.4 Subdivision 1.Emergency response providers.Any eligible Minnesota voter who is
7.5a trained or certified emergency response provider or utility worker who is deployed in
7.6response to any state of emergency declared by the President of the United States or any
7.7governor of any state within the United States during the time period authorized by law for
7.8absentee voting or on election day may request that ballots, instructions, and a certificate
7.9of voter eligibility be transmitted to the voter electronically. Upon receipt of a properly
7.10completed application requesting electronic transmission, the county auditor must
7.11electronically transmit the requested materials to the voter. The absentee ballot application
7.12deadlines in section 203B.04, subdivision 1, do not apply to this subdivision. The county
7.13auditor is not required to provide return postage to voters to whom ballots are transmitted
7.14electronically.
7.15 Sec. 7. Minnesota Statutes 2024, section 203B.29, subdivision 2, is amended to read:
7.16 Subd. 2.Reasonable accommodation for voter with disability.Any eligible Minnesota
7.17voter with a print disability, including any voter with disabilities that interfere with the
7.18effective reading, writing, or use of printed materials, may request that ballots, instructions,
7.19and a certificate of voter eligibility be transmitted to the voter electronically in an accessible
7.20format that meets Election Assistance Commission minimum accessibility requirements.
7.21Upon receipt of a properly completed application requesting electronic transmission, the
7.22county auditor shall electronically transmit the requested materials to the voter. The absentee
7.23ballot application deadlines in section 203B.04, subdivision 1, do not apply to this
7.24subdivision. The county auditor must also mail the voter materials required under section
7.25203B.07.
7.26 Sec. 8. Minnesota Statutes 2024, section 204B.06, subdivision 1, is amended to read:
7.27 Subdivision 1.Form of affidavit.(a) An affidavit of candidacy shall state the name of
7.28the office sought and, except as provided in subdivision 4, shall state that the candidate:
7.29 (1) is an eligible voter;
7.30 (2) has no other affidavit on file as a candidate for any office at the same primary or
7.31next ensuing general election, except as authorized by subdivision 9; and
7Sec. 8.
REVISOR JFK/MI 25-0399602/24/25 8.1 (3) is, or will be on assuming the office, 21 years of age or more, and will have maintained
8.2residence in the district from which the candidate seeks election for 30 days before the
8.3general election.
8.4 (b) An affidavit of candidacy must include a statement that the candidate's name as
8.5written on the affidavit for ballot designation is the candidate's true name or the name by
8.6which the candidate is commonly and generally known in the community. and:
8.7 (1) the phonetic spelling or an explanation for the pronunciation of the full name
8.8designated for the ballot; or
8.9 (2) a certification that the candidate is directing the official responsible for programming
8.10materials for the election to use the applicable technology's default pronunciation of the
8.11candidate's name.
8.12 (c) An affidavit of candidacy for partisan office shall also state the name of the candidate's
8.13political party or political principle, stated in three words or less.
8.14 Sec. 9. Minnesota Statutes 2024, section 204B.09, subdivision 2, is amended to read:
8.15 Subd. 2.Other elections.(a) Affidavits of candidacy and nominating petitions for city,
8.16town or other elective offices shall be filed during the time and with the official specified
8.17in chapter 205 or other applicable law or charter, except as provided for a special district
8.18candidate under subdivision 1a. Affidavits of candidacy and applications filed on behalf of
8.19eligible voters for school board office shall be filed during the time and with the official
8.20specified in chapter 205A or other applicable law. Affidavits of candidacy and nominating
8.21petitions filed under this subdivision must be submitted by mail or by hand, notwithstanding
8.22chapter 325L, or any other law to the contrary, and must be received by the appropriate
8.23official within the specified time for the filing of affidavits and petitions for the office.
8.24 (b) The official receiving the filing shall notify the official responsible for preparing the
8.25ballot of the names of the candidates placed on the ballot, any changes to candidates, or
8.26other information necessary to prepare the ballot. The notification must be made within one
8.27business day of receiving the filing or change or immediately following the close of the
8.28filing period, whichever is sooner, unless the clerk and official agree to an alternative
8.29notification timeline.
8.30 Sec. 10. Minnesota Statutes 2024, section 204B.09, subdivision 3, is amended to read:
8.31 Subd. 3.Write-in candidates.(a) A candidate for county, state, or federal office who
8.32wants write-in votes for the candidate to be counted must file a written request with the
8Sec. 10.
REVISOR JFK/MI 25-0399602/24/25 9.1filing office for the office sought not more than 84 days before the primary and no later
9.2than the seventh 19th day before the general election. The filing officer shall provide copies
9.3of the form to make the request. The filing officer shall not accept a written request later
9.4than 5:00 p.m. on the last day for filing a written request.
9.5 (b) The governing body of a statutory or home rule charter city may adopt a resolution
9.6governing the counting of write-in votes for local elective office. The resolution may:
9.7 (1) require the candidate to file a written request with the chief election official no later
9.8than the seventh 19th day before the city election if the candidate wants to have the
9.9candidate's write-in votes individually recorded; or
9.10 (2) require that write-in votes for an individual candidate only be individually recorded
9.11if the total number of write-in votes for that office is equal to or greater than the fewest
9.12number of non-write-in votes for a ballot candidate.
9.13If the governing body of the statutory or home rule charter city adopts a resolution authorized
9.14by this paragraph, the resolution must be adopted and the city clerk must notify the county
9.15auditor before the first day of filing for office. A resolution adopted under this paragraph
9.16remains in effect until a subsequent resolution on the same subject is adopted by the
9.17governing body of the statutory or home rule charter city.
9.18 (c) The governing body of a township, school district, hospital district, park district, soil
9.19and water district, or other ancillary elected district may adopt a resolution governing the
9.20counting of write-in votes for local elective office. The resolution may require that write-in
9.21votes for an individual candidate only be individually recorded if the total number of write-in
9.22votes for that office is equal to or greater than the fewest number of non-write-in votes for
9.23a ballot candidate. If a governing body adopts a resolution authorized by this paragraph,
9.24the resolution must be adopted and the clerk must notify the county auditor before the first
9.25day of filing for office. A resolution adopted under this paragraph remains in effect until a
9.26subsequent resolution on the same subject is adopted by the governing body.
9.27 (d) A candidate for president of the United States who files a request under this
9.28subdivision must include the name of a candidate for vice president of the United States.
9.29The request must also include the name of at least one candidate for presidential elector.
9.30The total number of names of candidates for presidential elector on the request may not
9.31exceed the total number of electoral votes to be cast by Minnesota in the presidential election.
9.32 (e) A candidate for governor who files a request under this subdivision must file jointly
9.33with another individual seeking nomination as a candidate for lieutenant governor. A
9Sec. 10.
REVISOR JFK/MI 25-0399602/24/25 10.1candidate for lieutenant governor who files a request under this subdivision must file jointly
10.2with another individual seeking nomination as a candidate for governor.
10.3 Sec. 11. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read:
10.4 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute
10.5at least one election precinct:
10.6 (1) each city ward; and
10.7 (2) each town and each statutory city.
10.8 (b) A single, accessible, combined polling place may be established no later than
10.9November 1 if a presidential nomination primary is scheduled to occur in the following
10.10year or May 1 of any other year:
10.11 (1) for any city of the third or fourth class, any town, or any city having territory in more
10.12than one county, in which all the voters of the city or town shall cast their ballots;
10.13 (2) for contiguous precincts in the same municipality;
10.14 (3) for up to four contiguous municipalities located entirely outside the metropolitan
10.15area, as defined by section 200.02, subdivision 24, that are contained in the same county;
10.16or
10.17 (4) for noncontiguous precincts located in one or more counties.
10.18 Subject to the requirements of paragraph (c), a single, accessible, combined polling place
10.19may be established after May 1 of any year in the event of an emergency.
10.20 A copy of the ordinance or resolution establishing a combined polling place must be
10.21filed with the county auditor within 30 days after approval by the governing body, and the
10.22county auditor must provide notice within ten days to the secretary of state, in a manner
10.23and including information prescribed by the secretary of state. A polling place combined
10.24under clause (3) must be approved by the governing body of each participating municipality.
10.25A polling place combined under clause (4) must be approved by the governing body of each
10.26participating municipality and the secretary of state and may be located outside any of the
10.27noncontiguous precincts. A municipality withdrawing from participation in a combined
10.28polling place must do so by filing a resolution of withdrawal with the county auditor no
10.29later than October 1 if a presidential nomination primary is scheduled to occur in the
10.30following year or April 1 of any other year, and the county auditor must provide notice
10.31within ten days to the secretary of state, in a manner and including information prescribed
10.32by the secretary of state.
10Sec. 11.
REVISOR JFK/MI 25-0399602/24/25 11.1 The secretary of state shall provide a separate polling place roster for each precinct
11.2served by the combined polling place, except that. In a precinct that uses electronic rosters,
11.3the secretary of state shall provide separate data files for each precinct and the election
11.4official responsible for the electronic rosters may combine the files as necessary to be loaded
11.5onto one or more electronic rosters provided that the requirements under section 201.225,
11.6subdivision 2, are met. A single set of election judges may be appointed to serve at a
11.7combined polling place. The number of election judges required must be based on the total
11.8number of persons voting at the last similar election in all precincts to be voting at the
11.9combined polling place. Separate ballot boxes must be provided for the ballots from each
11.10precinct. The results of the election must be reported separately for each precinct served by
11.11the combined polling place, except in a polling place established under clause (2) where
11.12one of the precincts has fewer than ten registered voters, in which case the results of that
11.13precinct must be reported in the manner specified by the secretary of state.
11.14 (c) If a local elections official determines that an emergency situation preventing the
11.15safe, secure, and full operation of a polling place on election day has occurred or is imminent,
11.16the local elections official may combine two or more polling places for that election pursuant
11.17to this subdivision. To the extent possible, the polling places must be combined and the
11.18election conducted according to the requirements of paragraph (b), except that:
11.19 (1) polling places may be combined after May 1 and until the polls close on election
11.20day;
11.21 (2) any city or town, regardless of size or location, may establish a combined polling
11.22place under this paragraph;
11.23 (3) the governing body is not required to adopt an ordinance or resolution to establish
11.24the combined polling place;
11.25 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
11.26by the local election official of each participating municipality;
11.27 (5) the local elections official must immediately notify the county auditor and the
11.28secretary of state of the combination, including the reason for the emergency combination
11.29and the location of the combined polling place. As soon as possible, the local elections
11.30official must also post a notice stating the reason for the combination and the location of
11.31the combined polling place. The notice must also be posted on the governing board's website,
11.32if one exists. The local elections official must also notify the election judges and request
11.33that local media outlets publicly announce the reason for the combination and the location
11.34of the combined polling place; and
11Sec. 11.
REVISOR JFK/MI 25-0399602/24/25 12.1 (6) on election day, the local elections official must post a notice in large print in a
12.2conspicuous place at the polling place where the emergency occurred, if practical, stating
12.3the location of the combined polling place. The local election official must also post the
12.4notice, if practical, in a location visible by voters who vote from their motor vehicles as
12.5provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to
12.6section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph
12.7must include a statement that the polling place hours at the combined polling place will be
12.8extended until the specified time.
12.9 Sec. 12. Minnesota Statutes 2024, section 204B.28, subdivision 2, is amended to read:
12.10 Subd. 2.Election supplies; duties of county auditors and clerks.(a) Except as
12.11otherwise provided in this section and for absentee ballots in section 204B.35, subdivision
12.124, the county auditor shall complete the preparation of the election materials for which the
12.13auditor is responsible at least four days before every state primary and state general election.
12.14At any time after all election materials are available from the county auditor but not later
12.15than four days the day before the election each municipal clerk shall secure from the county
12.16auditor:
12.17 (1) the forms that are required for the conduct of the election;
12.18 (2) any printed voter instruction materials furnished by the secretary of state;
12.19 (3) any other instructions for election officers; and
12.20 (4) a sufficient quantity of the official ballots, registration files, envelopes for ballot
12.21returns, and other supplies and materials required for each precinct in order to comply with
12.22the provisions of the Minnesota Election Law. The county auditor may furnish the election
12.23supplies to the municipal clerks in the same manner as the supplies are furnished to precincts
12.24in unorganized territory pursuant to section 204B.29, subdivision 1.
12.25 (b) The county auditor must prepare and make available election materials for early
12.26voting to municipal clerks designated to administer early voting under section 203B.05 on
12.27or before the 19th day before the election.
12.28Sec. 13. Minnesota Statutes 2024, section 204B.45, subdivision 2, is amended to read:
12.29 Subd. 2.Procedure; voting prior to election day.Notice of the election and the special
12.30mail procedure must be given at least ten weeks prior to the election. Not more than 46 days
12.31nor later than 14 days before a regularly scheduled election and not more than 30 days nor
12.32later than 14 days before any other election, the auditor shall mail ballots by nonforwardable
12Sec. 13.
REVISOR JFK/MI 25-0399602/24/25 13.1mail to all voters registered in the city, town, or unorganized territory. No later than 14 days
13.2before the election, the auditor must make a subsequent mailing of ballots to those voters
13.3who register to vote after the initial mailing but before the 20th day before the election.
13.4Eligible voters not registered at the time the ballots are mailed may apply for ballots as
13.5provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
13.6preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
13.7to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to
13.8examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected"
13.9within three days of receipt if there are 14 or fewer days before election day, or within five
13.10days of receipt if there are more than 14 days before election day. The board may consist
13.11of deputy county auditors or deputy municipal clerks who have received training in the
13.12processing and counting of mail ballots, who need not be affiliated with a major political
13.13party. Election judges performing the duties in this section must be of different major
13.14political parties, unless they are exempt from that requirement under section 205.075,
13.15subdivision 4, or section 205A.10, or they are performing duties for a county election not
13.16held in conjunction with a state election. If an envelope has been rejected at least five days
13.17before the election, the ballots in the envelope must remain sealed and the auditor or clerk
13.18shall provide the voter with a replacement ballot and return envelope in place of the spoiled
13.19ballot. If the ballot is rejected within five days of the election, the envelope must remain
13.20sealed and the official in charge of the ballot board must attempt to contact the voter by
13.21telephone or email to notify the voter that the voter's ballot has been rejected. The official
13.22must document the attempts made to contact the voter.
13.23 If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
13.24indicate that the voter has already cast a ballot in that election. After the close of business
13.25on the 19th day before the election, the ballots from return envelopes marked "Accepted"
13.26may be opened, duplicated as needed in the manner provided by section 206.86, subdivision
13.275, initialed by the members of the ballot board, and deposited in the ballot box.
13.28 In all other respects, the provisions of the Minnesota Election Law governing deposit
13.29and counting of ballots apply.
13.30 The mail and absentee ballots for a precinct must be counted together and reported as
13.31one vote total. No vote totals from mail or absentee ballots may be made public before the
13.32close of voting on election day.
13.33 The costs of the mailing shall be paid by the election jurisdiction in which the voter
13.34maintains residence. Any ballot received by 8:00 p.m. on the day of the election must be
13.35counted.
13Sec. 13.
REVISOR JFK/MI 25-0399602/24/25 14.1 Sec. 14. Minnesota Statutes 2024, section 205.13, subdivision 1, is amended to read:
14.2 Subdivision 1.Affidavit of candidacy.(a) An individual who is eligible and desires to
14.3become a candidate for an office to be voted for at the municipal general election shall file
14.4an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill
14.5a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of
14.6candidacy for the specific office to fill the unexpired portion of the term. Subject to the
14.7approval of the county auditor, the town clerk may authorize candidates for township offices
14.8to file affidavits of candidacy with the county auditor. The affidavit shall be in the same
14.9form as that in section 204B.06. The municipal clerk shall also accept an application signed
14.10by not less than five voters and filed on behalf of an eligible voter in the municipality whom
14.11they desire to be a candidate, if service of a copy of the application has been made on the
14.12candidate and proof of service is endorsed on the application being filed. Upon receipt of
14.13the proper filing fee, the clerk shall place the name of the candidate on the official ballot
14.14without partisan designation.
14.15 (b) The municipal clerk shall notify the official responsible for preparing the ballot of
14.16the names of the candidates placed on the ballot, any changes to candidates, and other
14.17information necessary to prepare the ballot. The notification must be made within one
14.18business day of receiving the filing or change or immediately following the close of the
14.19filing period, whichever is sooner, unless the clerk and official agree to an alternative
14.20notification timeline.
14.21Sec. 15. Minnesota Statutes 2024, section 205.13, subdivision 1a, is amended to read:
14.22 Subd. 1a.Filing period.In a city nominating candidates at a primary, an affidavit of
14.23candidacy for a city office voted on in November must be filed no more than 84 days nor
14.24less than 70 days before the city primary. In municipalities that do not hold a primary, an
14.25affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
14.26the municipal general election held in March in any year, or a special election not held in
14.27conjunction with another election, and no more than 98 112 days nor less than 84 98 days
14.28before the municipal general election held in November of any year. The municipal clerk's
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.
14.30 EFFECTIVE DATE.This section is effective January 1, 2026.
14.31Sec. 16. Minnesota Statutes 2024, section 205A.06, subdivision 1, is amended to read:
14.32 Subdivision 1.Affidavit of candidacy.(a) An individual who is eligible and desires to
14.33become a candidate for an office to be voted on at the election must file an affidavit of
14Sec. 16.
REVISOR JFK/MI 25-0399602/24/25 15.1candidacy with the school district clerk. The affidavit must be in the form prescribed by
15.2section 204B.06. The school district clerk shall also accept an application signed by at least
15.3five voters and filed on behalf of an eligible voter in the school district whom they desire
15.4to be a candidate, if service of a copy of the application has been made on the candidate
15.5and proof of service is endorsed on the application being filed. No individual shall be
15.6nominated by nominating petition for a school district elective office. Upon receipt of the
15.7proper filing fee, the clerk shall place the name of the candidate on the official ballot without
15.8partisan designation.
15.9 (b) The school district clerk shall notify the official responsible for preparing the ballot
15.10of the names of the candidates placed on the ballot, any changes to candidates, and other
15.11information necessary to prepare the ballot. The notification must be made within one
15.12business day of receiving the filing or change or immediately following the close of the
15.13filing period, whichever is sooner, unless the clerk and official agree to an alternative
15.14notification timeline.
15.15Sec. 17. Minnesota Statutes 2024, section 205A.06, subdivision 1a, is amended to read:
15.16 Subd. 1a.Filing period.In school districts that have adopted a resolution to choose
15.17nominees for school board by a primary election, affidavits of candidacy must be filed with
15.18the school district clerk no earlier than the 84th day and no later than the 70th day before
15.19the second Tuesday in August in the year when the school district general election is held.
15.20In all other school districts, affidavits of candidacy must be filed no earlier than the 98th
15.21112th day and no later than the 84th 98th day before the school district general election.
15.22 EFFECTIVE DATE.This section is effective January 1, 2026.
15.23Sec. 18. [211B.065] DISTRIBUTION OF ABSENTEE BALLOT APPLICATIONS
15.24AND SAMPLE BALLOTS.
15.25 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
15.26the meanings given.
15.27 (b) "Person or entity" means any individual, committee, or association as defined in
15.28section 10A.01, subdivision 6.
15.29 (c) "Sample ballot" means a document that is formatted and printed in a manner that so
15.30closely resembles an official ballot that it could lead a reasonable person to believe the
15.31document is an official ballot. A document that contains the names of particular candidates
15.32or ballot questions alongside illustrations of a generic ballot or common ballot markings is
15Sec. 18.
REVISOR JFK/MI 25-0399602/24/25 16.1not a sample ballot as long as the document does not closely resemble an official ballot and
16.2would not lead a reasonable person to believe the document is an official ballot.
16.3 Subd. 2.Requirements.(a) Except as otherwise provided in this paragraph, any person
16.4or entity that mails an absentee ballot application or sample ballot to anyone in the state
16.5must comply with this section. This section does not apply to a unit of government or
16.6employee of that unit of government when discharging official election duties.
16.7 (b) The person or entity mailing the absentee ballot application or sample ballot must
16.8also include a statement that:
16.9 (1) the mailing is not an official election communication from a unit of government;
16.10 (2) the application or ballot has not been included at the request of a government official;
16.11and
16.12 (3) if a sample ballot is enclosed, the sample ballot is not an official ballot and the voter
16.13must not cast the enclosed sample ballot.
16.14 (c) The statement required in paragraph (b) must be printed in a typeface and format
16.15designed to be clearly visible at the time the mailing is opened. The mailing envelope must
16.16include markings to clearly distinguish it from official election mail sent by a unit of
16.17government.
16.18 (d) If an absentee ballot application is included, the application fields must be blank and
16.19must not include the voter's name, address, or any other required information.
16.20Sec. 19. Minnesota Statutes 2024, section 447.32, subdivision 4, is amended to read:
16.21 Subd. 4.Candidates; ballots; certifying election.(a) A person who wants to be a
16.22candidate for the hospital board shall file an affidavit of candidacy for the election either
16.23as member at large or as a member representing the city or town where the candidate
16.24maintains residence. The affidavit of candidacy must be filed with the city or town clerk
16.25not more than 98 112 days nor less than 84 98 days before the first Tuesday after the first
16.26Monday in November of the year in which the general election is held. The city or town
16.27clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the
16.28first election, the clerk of the most populous city or town immediately after the last day of
16.29the filing period. A candidate may withdraw from the election by filing an affidavit of
16.30withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day
16.31to file affidavits of candidacy.
16Sec. 19.
REVISOR JFK/MI 25-0399602/24/25 17.1 (b) Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,
17.2necessary ballots for the election of officers. Ballots must be prepared as provided in the
17.3rules of the secretary of state. The ballots must be marked and initialed by at least two judges
17.4as official ballots and used exclusively at the election. Any proposition to be voted on may
17.5be printed on the ballot provided for the election of officers. The hospital board may also
17.6authorize the use of voting systems subject to chapter 206. Enough election judges may be
17.7appointed to receive the votes at each polling place. The election judges shall act as clerks
17.8of election, count the ballots cast, and submit them to the board for canvass.
17.9 (c) After canvassing the election, the board shall issue a certificate of election to the
17.10candidate who received the largest number of votes cast for each office. The clerk shall
17.11deliver the certificate to the person entitled to it in person or by certified mail. Each person
17.12certified shall file an acceptance and oath of office in writing with the clerk within 30 days
17.13after the date of delivery or mailing of the certificate. The board may fill any office as
17.14provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification
17.15is effective if made before the board acts to fill the vacancy.
17.16 EFFECTIVE DATE.This section is effective January 1, 2026.
17Sec. 19.
REVISOR JFK/MI 25-0399602/24/25