Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2474 Latest Draft

Bill / Engrossed Version Filed 03/26/2025

                            1.1	A bill for an act​
1.2 relating to elections; modifying provisions related to absentee voting; amending​
1.3 Minnesota Statutes 2024, sections 203B.04, subdivision 1; 203B.05, subdivision​
1.4 1; 203B.121, subdivisions 4, 5; 203B.29, subdivisions 1, 2; 203B.30, subdivision​
1.5 3.​
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. Minnesota Statutes 2024, section 203B.04, subdivision 1, is amended to read:​
1.8 Subdivision 1.Application procedures.(a) Except as otherwise allowed by subdivision​
1.92 or by section 203B.11, subdivision 4, or 203B.29, an application for absentee ballots for​
1.10any election:​
1.11 (1) may be submitted in person at any time not later than the day before the election; or​
1.12 (2) if not submitted in person as provided in clause (1), must be received at any time not​
1.13less than one day seven days before the day of that election.​
1.14The county auditor shall prepare absentee ballot application forms in the format provided​
1.15by the secretary of state and shall furnish them to any person on request. By January 1 of​
1.16each even-numbered year, the secretary of state shall make the forms to be used available​
1.17to auditors through electronic means. An application submitted pursuant to this subdivision​
1.18shall be in writing. An application may be submitted in person, by electronic facsimile​
1.19device, by electronic mail, or by mail to:​
1.20 (1) the county auditor of the county where the applicant maintains residence; or​
1.21 (2) the municipal clerk of the municipality, or school district if applicable, where the​
1.22applicant maintains residence.​
1​Section 1.​
REVISOR	JFK H2474-1​HF2474  FIRST ENGROSSMENT​
107​
Printed​
Page No.​State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  2474​
NINETY-FOURTH SESSION​
Authored by Tabke, Klevorn, Stephenson, Freiberg, Gomez and others​03/17/2025​
The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations​
Adoption of Report: Placed on the General Register as Amended​03/26/2025​
Read for the Second Time​ 2.1 (b) An absentee ballot application may alternatively be submitted electronically through​
2.2a secure website that shall be maintained by the secretary of state for this purpose. After​
2.35:00 p.m. seven days prior to an election, the secretary of state must replace the electronic​
2.4application with information detailing the available options to vote before and on the​
2.5upcoming election day. Notwithstanding paragraph (d), the secretary of state must require​
2.6applicants using the website to submit the applicant's email address and the applicant's:​
2.7 (1) verifiable Minnesota driver's license number, or Minnesota state identification card​
2.8number, or; and​
2.9 (2) the last four digits of the applicant's Social Security number.​
2.10If an applicant does not possess both types of documents, the applicant must include the​
2.11number for one type of document and must affirmatively certify that the applicant does not​
2.12possess the other type of documentation. This paragraph does not apply to a town election​
2.13held in March.​
2.14 (c) An application submitted electronically under this paragraph (b) may only be​
2.15transmitted to the county auditor for processing if the secretary of state has verified the​
2.16application information matches the information in a government database associated with​
2.17the applicant's driver's license number, state identification card number, or Social Security​
2.18number. The secretary of state must review all unverifiable applications for evidence of​
2.19suspicious activity and must forward any such application to an appropriate law enforcement​
2.20agency for investigation.​
2.21 (d) An application shall be approved if it is timely received, signed and dated by the​
2.22applicant, contains the applicant's name and residence and mailing addresses, date of birth,​
2.23and at least one of the following:​
2.24 (1) the applicant's Minnesota driver's license number;​
2.25 (2) Minnesota state identification card number;​
2.26 (3) the last four digits of the applicant's Social Security number; or​
2.27 (4) a statement that the applicant does not have any of these numbers.​
2.28All applications must be retained by the county auditor or the municipal clerk or school​
2.29district clerk, if applicable. If an application is received after 5:00 p.m. seven days prior to​
2.30the election, the official in charge of the ballot board must, within one day of receipt of the​
2.31application, attempt to contact the applicant by telephone or email to notify the applicant​
2.32of opportunities to vote in the election. The official must document the attempts made to​
2.33contact the applicant.​
2​Section 1.​
REVISOR	JFK H2474-1​HF2474 FIRST ENGROSSMENT​ 3.1 (e) To be approved, the application must contain an oath that the information contained​
3.2on the form is accurate, that the applicant is applying on the applicant's own behalf, and​
3.3that the applicant is signing the form under penalty of perjury.​
3.4 (f) An applicant's full date of birth, Minnesota driver's license or state identification​
3.5number, and the last four digits of the applicant's Social Security number must not be made​
3.6available for public inspection. An application may be submitted to the county auditor or​
3.7municipal clerk by an electronic facsimile device. An application mailed or returned in​
3.8person to the county auditor or municipal clerk on behalf of a voter by a person other than​
3.9the voter must be deposited in the mail or returned in person to the county auditor or​
3.10municipal clerk within ten seven days after it has been dated by the voter and no later than​
3.11six seven days before the election.​
3.12 (g) An application under this subdivision may contain an application under subdivision​
3.135 to automatically receive an absentee ballot.​
3.14 Sec. 2. Minnesota Statutes 2024, section 203B.05, subdivision 1, is amended to read:​
3.15 Subdivision 1.Generally.The full-time clerk of any city or town shall administer the​
3.16provisions of sections 203B.04 to 203B.15 and 203B.30 if:​
3.17 (1) the county auditor of that county has designated the clerk to administer them and the​
3.18clerk accepts that responsibility; or​
3.19 (2) the clerk has given the county auditor of that county notice of intention to administer​
3.20them.​
3.21 The designation or notice must specify whether the clerk will be responsible for the​
3.22administration of a ballot board as provided in section 203B.121 and whether the​
3.23municipality's office will be designated an absentee voting location pursuant to section​
3.24203B.081, subdivision 1, or only for early voting pursuant to section 203B.081, subdivision​
3.251a.​
3.26 A clerk of a city that is located in more than one county may only administer the​
3.27provisions of sections 203B.04 to 203B.15 and 203B.30 if the clerk has been designated​
3.28by each of the county auditors or has provided notice to each of the county auditors that the​
3.29city will administer absentee voting. A clerk may only administer the provisions of sections​
3.30203B.04 to 203B.15 and 203B.30 if the clerk has technical capacity to access the statewide​
3.31voter registration system in the secure manner prescribed by the secretary of state. The​
3.32secretary of state must identify hardware, software, security, or other technical prerequisites​
3.33necessary to ensure the security, access controls, and performance of the statewide voter​
3​Sec. 2.​
REVISOR	JFK H2474-1​HF2474 FIRST ENGROSSMENT​ 4.1registration system. A clerk must receive training approved by the secretary of state on the​
4.2use of the statewide voter registration system before administering this section. A clerk may​
4.3not use the statewide voter registration system until the clerk has received the required​
4.4training. The county auditor must notify the secretary of state of any municipal clerk who​
4.5will be administering the provisions of this section and the duties that the clerk will​
4.6administer.​
4.7 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of​
4.8the early voting certification and applies to elections held on or after the 85th day after the​
4.9revisor of statutes receives the certification.​
4.10 Sec. 3. Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read:​
4.11 Subd. 4.Opening of envelopes.(a) After the close of business on the 19th day before​
4.12the election, the ballots from secrecy ballot envelopes within the signature envelopes marked​
4.13"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86,​
4.14subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate​
4.15ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must​
4.16be returned in the manner provided by section 204C.25 for return of spoiled ballots, and​
4.17may not be counted.​
4.18 (b) Accepted signature envelopes must be segregated by precinct and processed in​
4.19accordance with this subdivision on a precinct-by-precinct basis. Precincts within a​
4.20combination polling place established in section 205A.11, subdivision 2, may be processed​
4.21together. At each step, members of the ballot board must notify the official responsible for​
4.22the ballot board if there is a discrepancy in any count required by paragraphs (c) to (e) and​
4.23note it in the ballot board incident log.​
4.24 (c) Before opening accepted signature envelopes, two members of the ballot board must​
4.25count and record the number of envelopes and ensure that the count matches either the​
4.26number of accepted signature envelopes provided by the official responsible for the ballot​
4.27board or the number of signature envelopes accepted by the ballot board that day.​
4.28 (d) Two members of the ballot board must remove the ballots from the ballot envelopes.​
4.29The governing body responsible for the ballot board must retain all ballot envelopes through​
4.30the contest period of that election.​
4.31 (e) After ballots have been removed from the ballot envelopes, two members of the​
4.32ballot board must count and record the number of ballots to ensure the count matches the​
4​Sec. 3.​
REVISOR	JFK H2474-1​HF2474 FIRST ENGROSSMENT​ 5.1number of accepted signature envelopes, accounting for any empty envelopes or spoiled​
5.2ballots, which must be noted on the ballot board incident log.​
5.3 Sec. 4. Minnesota Statutes 2024, section 203B.121, subdivision 5, is amended to read:​
5.4 Subd. 5.Storage and counting of absentee ballots.(a) On a day on which absentee​
5.5ballots are inserted into a ballot box, two members of the ballot board must:​
5.6 (1) remove the ballots from the ballot box at the end of the day;​
5.7 (2) without inspecting the ballots, ensure that the number of ballots removed from the​
5.8ballot box is equal to the number of voters whose absentee ballots were accepted from the​
5.9tally in subdivision 4 that were to be inserted into the ballot box that day; and​
5.10 (3) seal and secure all voted and unvoted ballots present in that location at the end of​
5.11the day.​
5.12 (b) After the polls have closed on election day, two members of the ballot board must​
5.13count the ballots, tabulating the vote in a manner that indicates each vote of the voter and​
5.14the total votes cast for each candidate or question. In state primary and state general elections,​
5.15the results must indicate the total votes cast for each candidate or question in each precinct​
5.16and report the vote totals tabulated for each precinct. The count must be recorded on a​
5.17summary statement in substantially the same format as provided in section 204C.26. The​
5.18ballot board shall must submit at least one completed summary statement to the county​
5.19auditor or municipal clerk. The county auditor or municipal clerk may require the ballot​
5.20board to submit a sufficient number of completed summary statements to comply with the​
5.21provisions of section 204C.27, or the county auditor or municipal clerk may certify reports​
5.22containing the details of the ballot board summary statement to the recipients of the summary​
5.23statements designated in section 204C.27.​
5.24 In state primary and state general elections, These vote totals shall must be added to the​
5.25vote totals on the summary statements of the returns for the appropriate precinct. In other​
5.26elections, these vote totals may be added to the vote totals on the summary statement of​
5.27returns for the appropriate precinct or may be reported as a separate total.​
5.28 The count shall must be public. No vote totals from ballots may be made public before​
5.29the close of voting on election day.​
5.30 (c) In addition to the requirements of paragraphs (a) and (b), if the task has not been​
5.31completed previously, the members of the ballot board must verify as soon as possible, but​
5.32no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots​
5.33arrived after the rosters were marked or supplemental reports were generated and whose​
5​Sec. 4.​
REVISOR	JFK H2474-1​HF2474 FIRST ENGROSSMENT​ 6.1ballots were accepted did not vote in person on election day. An absentee ballot submitted​
6.2by a voter who has voted in person on election day must be rejected. All other accepted​
6.3absentee ballots must be opened in accordance with the procedures outlined in subdivision​
6.44, except for the absentee ballots cast using the alternative procedure in section 203B.081,​
6.5subdivision 3, duplicated if necessary, and counted by members of the ballot board. The​
6.6vote totals from these ballots must be incorporated into the totals with the other absentee​
6.7ballots and handled according to paragraph (b).​
6.8 Sec. 5. Minnesota Statutes 2024, section 203B.29, subdivision 1, is amended to read:​
6.9 Subdivision 1.Emergency response providers.Any eligible Minnesota voter who is​
6.10a trained or certified emergency response provider or utility worker who is deployed in​
6.11response to any state of emergency declared by the President of the United States or any​
6.12governor of any state within the United States during the time period authorized by law for​
6.13absentee voting or on election day may request that ballots, instructions, and a certificate​
6.14of voter eligibility be transmitted to the voter electronically. Upon receipt of a properly​
6.15completed application requesting electronic transmission, the county auditor must​
6.16electronically transmit the requested materials to the voter. The absentee ballot application​
6.17deadlines in section 203B.04, subdivision 1, do not apply to this subdivision. The county​
6.18auditor is not required to provide return postage to voters to whom ballots are transmitted​
6.19electronically.​
6.20 Sec. 6. Minnesota Statutes 2024, section 203B.29, subdivision 2, is amended to read:​
6.21 Subd. 2.Reasonable accommodation for voter with disability.Any eligible Minnesota​
6.22voter with a print disability, including any voter with disabilities that interfere with the​
6.23effective reading, writing, or use of printed materials, may request that ballots, instructions,​
6.24and a certificate of voter eligibility be transmitted to the voter electronically in an accessible​
6.25format that meets Election Assistance Commission minimum accessibility requirements.​
6.26Upon receipt of a properly completed application requesting electronic transmission, the​
6.27county auditor shall electronically transmit the requested materials to the voter. The absentee​
6.28ballot application deadlines in section 203B.04, subdivision 1, do not apply to this​
6.29subdivision. The county auditor must also mail the voter materials required under section​
6.30203B.07.​
6.31 Sec. 7. Minnesota Statutes 2024, section 203B.30, subdivision 3, is amended to read:​
6.32 Subd. 3.Processing of ballots.Each day when early voting occurs, the early voting​
6.33officials must:​
6​Sec. 7.​
REVISOR	JFK H2474-1​HF2474 FIRST ENGROSSMENT​ 7.1 (1) remove and secure ballots cast during the early voting period following the procedures​
7.2in section 203B.121, subdivision 5, paragraph (a). noting the date, voting location, and​
7.3number of ballots cast;​
7.4 (2) without inspecting the ballots, ensure that the number of ballots removed from the​
7.5ballot box is equal to the number of voter certificates that were signed by voters in subdivision​
7.62, paragraph (b); and​
7.7 (3) seal and secure all voted and unvoted ballots present in that location at the end of​
7.8the day.​
7.9 The absentee ballot board must count the ballots after the polls have closed on election​
7.10day following the procedures in section 203B.121, subdivision 5, paragraph (b).​
7.11 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of​
7.12the early voting certification and applies to elections held on or after the 85th day after the​
7.13revisor of statutes receives the certification.​
7​Sec. 7.​
REVISOR	JFK H2474-1​HF2474 FIRST ENGROSSMENT​