Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2870 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to elections; making various changes related to election administration;
3	3		1.3 modifying provisions related to absentee voting; clarifying terminology; amending
4	4		1.4 Minnesota Statutes 2024, sections 203B.121, subdivision 4; 204B.06, subdivision
5	5		1.5 1b; 204B.09, subdivisions 1a, 2; 204B.44; repealing Minnesota Statutes 2024,
6	6		1.6 section 209.06.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read:
9	9		1.9 Subd. 4.Opening of envelopes.(a) After the close of business on the 19th day before
10	10		1.10the election, the ballots from secrecy ballot envelopes within the signature envelopes marked
11	11		1.11"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86,
12	12		1.12subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate
13	13		1.13ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must
14	14		1.14be returned in the manner provided by section 204C.25 for return of spoiled ballots, and
15	15		1.15may not be counted.
16	16		1.16 (b) Accepted signature envelopes must be segregated by precinct and processed in
17	17		1.17accordance with this subdivision on a precinct-by-precinct basis. Precincts within a combined
18	18		1.18polling place established in section 205A.11, subdivision 2, may be processed together. At
19	19		1.19each step, members of the ballot board must notify the official responsible for the ballot
20	20		1.20board if there is a discrepancy in any count required by paragraphs (c) to (e) and note the
21	21		1.21discrepancy in the ballot board incident log.
22	22		1.22 (c) Before opening accepted signature envelopes, two members of the ballot board must
23	23		1.23count and record the number of envelopes and ensure that the count matches either the
24	24		1Section 1.
25		-	REVISOR JFK ~~H2870-1~~~~HF2870 FIRST ENGROSSMENT~~
	25	+	REVISOR JFK/AC 25-0511403/20/25
26	26		State of Minnesota
27	27		This Document can be made available
28	28		in alternative formats upon request
29	29		HOUSE OF REPRESENTATIVES
30	30		H. F. No. 2870
31	31		NINETY-FOURTH SESSION
32	32		Authored by Freiberg03/26/2025
33		-	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
34		-	Adoption of Report: Amended and re-referred to the Committee on Elections Finance and Government Operations04/07/2025 2.1number of accepted signature envelopes provided by the official responsible for the ballot
	33	+	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1number of accepted signature envelopes provided by the official responsible for the ballot
35	34		2.2board or the number of signature envelopes accepted by the ballot board that day.
36	35		2.3 (d) Two members of the ballot board must remove the ballots from the ballot envelopes.
37	36		2.4The governing body responsible for the ballot board must retain all ballot envelopes through
38	37		2.5the contest period of that election.
39	38		2.6 (e) After ballots have been removed from the ballot envelopes, two members of the
40	39		2.7ballot board must count and record the number of ballots to ensure the count matches the
41	40		2.8number of accepted signature envelopes, accounting for any empty envelopes or spoiled
42	41		2.9ballots, which must be noted on the ballot board incident log.
43	42		2.10 Sec. 2. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read:
44	43		2.11 Subd. 1b.Address, electronic mail address, and telephone number.(a) An affidavit
45	44		2.12of candidacy must state a telephone number where the candidate can be contacted. An
46	45		2.13affidavit must also state the candidate's or campaign's nongovernment issued electronic
47	46		2.14mail address or an attestation that the candidate and the candidate's campaign do not possess
48	47		2.15an electronic mail address. Except for affidavits of candidacy for (1) judicial office, (2) the
49	48		2.16office of county attorney, or (3) county sheriff, an affidavit must also state the candidate's
50	49		2.17current address of residence as determined under section 200.031, or at the candidate's
51	50		2.18request in accordance with paragraph (c), the candidate's campaign contact address. When
52	51		2.19filing the affidavit, the candidate must present the filing officer with the candidate's valid
53	52		2.20driver's license or state identification card that contains the candidate's current address of
54	53		2.21residence, or documentation of proof of residence authorized for election day registration
55	54		2.22in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item (ii); or paragraph
56	55		2.23(d). If an original bill is shown, the due date on the bill must be within 30 days before or
57	56		2.24after the beginning of the filing period or, for bills without a due date, dated within 30 days
58	57		2.25before the beginning of the filing period. If the address on the affidavit and the documentation
59	58		2.26do not match, the filing officer must not accept the affidavit. The form for the affidavit of
60	59		2.27candidacy must allow the candidate to request, if eligible, that the candidate's address of
61	60		2.28residence be classified as private data, and to provide the certification required under
62	61		2.29paragraph (c) for classification of that address.
63	62		2.30 (b) If an affidavit for an office where a residency requirement must be satisfied by the
64	63		2.31close of the filing period is filed as provided by paragraph (c), the filing officer must, within
65	64		2.32one business day of receiving the filing, determine whether the address provided in the
66	65		2.33affidavit of candidacy is within the area represented by the office the candidate is seeking.
67	66		2.34For all other candidates who filed for an office whose residency requirement must be satisfied
68	67		2Sec. 2.
69		-	REVISOR JFK ~~H2870-1~~~~HF2870 FIRST ENGROSSMENT~~ 3.1by the close of the filing period, a registered voter in this state may request in writing that
	68	+	REVISOR JFK/AC 25-0511403/20/25 3.1by the close of the filing period, a registered voter in this state may request in writing that
70	69		3.2the filing officer receiving the affidavit of candidacy review the address as provided in this
71	70		3.3paragraph, at any time up to one day after the last day for filing for office. If requested, the
72	71		3.4filing officer must determine whether the address provided in the affidavit of candidacy is
73	72		3.5within the area represented by the office the candidate is seeking. If the filing officer
74	73		3.6determines that the address is not within the area represented by the office, the filing officer
75	74		3.7must immediately notify the candidate and the candidate's name must be removed from the
76	75		3.8ballot for that office. A determination made by a filing officer under this paragraph is subject
77	76		3.9to judicial review under section 204B.44.
78	77		3.10 (c) If the candidate requests that the candidate's address of residence be classified as
79	78		3.11private data, the candidate must list the candidate's address of residence on a separate form
80	79		3.12to be attached to the affidavit. The candidate must also certify on the affidavit that either:
81	80		3.13(1) a police report has been submitted, an order for protection has been issued, or the
82	81		3.14candidate has a reasonable fear in regard to the safety of the candidate or the candidate's
83	82		3.15family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The
84	83		3.16address of residence provided by a candidate who makes a request for classification on the
85	84		3.17candidate's affidavit of candidacy and provides the certification required by this paragraph
86	85		3.18is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed
87	86		3.19by the filing officer as provided in this subdivision.
88	87		3.20 (d) The requirements of this subdivision do not apply to affidavits of candidacy for a
89	88		3.21candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
90	89		3.22 Sec. 3. Minnesota Statutes 2024, section 204B.09, subdivision 1a, is amended to read:
91	90		3.23 Subd. 1a.Absent candidates.(a) A candidate for special district, county, state, or federal
92	91		3.24office who will be absent from the state during the filing period may submit a properly
93	92		3.25executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in
94	93		3.26person to the filing officer. The candidate shall state in writing the reason for being unable
95	94		3.27to submit the affidavit during the filing period. The affidavit, filing fee, if any, and petitions
96	95		3.28must be submitted to the filing officer during the seven days immediately preceding the
97	96		3.29candidate's absence from the state. Nominating petitions may be signed during the 14 days
98	97		3.30immediately preceding the date when the affidavit of candidacy is filed.
99	98		3.31 (b) A candidate for special district, county, state, or federal office who will be absent
100	99		3.32from the state during the entire filing period or who must leave the state for the remainder
101	100		3.33of the filing period and who certifies to the secretary of state that the circumstances constitute
102	101		3.34an emergency and were unforeseen, may submit a properly executed affidavit of candidacy
103	102		3Sec. 3.
104		-	REVISOR JFK ~~H2870-1~~~~HF2870 FIRST ENGROSSMENT~~ 4.1by facsimile device or by transmitting electronically a scanned image of the affidavit and
	103	+	REVISOR JFK/AC 25-0511403/20/25 4.1by facsimile device or by transmitting electronically a scanned image of the affidavit and
105	104		4.2proof of residence required in section 204B.06, subdivision 1b, to the secretary of state
106	105		4.3during the filing period. The candidate shall state in writing the specific reason for being
107	106		4.4unable to submit the affidavit by mail or by hand during the filing period or in person prior
108	107		4.5to the start of the filing period. The affidavit of candidacy, filing fee, if any, and any necessary
109	108		4.6petitions must be received by the secretary of state by 5:00 p.m. on the last day for filing.
110	109		4.7If the candidate is filing for a special district or county office, the secretary of state shall
111	110		4.8forward the affidavit of candidacy, filing fee, if any, and any necessary petitions to the
112	111		4.9appropriate filing officer. Copies of a proof of residence submitted under this subdivision
113	112		4.10are private data.
114	113		4.11 Sec. 4. Minnesota Statutes 2024, section 204B.09, subdivision 2, is amended to read:
115	114		4.12 Subd. 2.Other elections.Affidavits of candidacy and nominating petitions for city,
116	115		4.13town or other elective offices shall be filed during the time and with the official specified
117	116		4.14in chapter 205 or other applicable law or charter, except as provided for a special district
118	117		4.15candidate under subdivision 1a. Affidavits of candidacy and applications filed on behalf of
119	118		4.16eligible voters for school board office shall be filed during the time and with the official
120	119		4.17specified in chapter 205A or other applicable law. Affidavits of candidacy, including proof
121	120		4.18of residence required in section 204B.06, subdivision 1b, and nominating petitions filed
122	121		4.19under this subdivision must be submitted by mail or by hand, notwithstanding chapter 325L,
123	122		4.20or any other law to the contrary, and must be received by the appropriate official within the
124	123		4.21specified time for the filing of affidavits and petitions for the office. Copies of a proof of
125	124		4.22residence submitted by mail are private data.
126	125		4.23 Sec. 5. Minnesota Statutes 2024, section 204B.44, is amended to read:
127	126		4.24 204B.44 ERRORS AND OMISSIONS; REMEDY.
128	127		4.25 (a) Any individual may file a petition in the manner provided in this section for the
129	128		4.26correction of any of the following errors, omissions, or wrongful acts which have occurred
130	129		4.27or are about to occur:
131	130		4.28 (1) an error or omission in the placement or printing of the name or description of any
132	131		4.29candidate or any question on any official ballot, including the placement of a candidate on
133	132		4.30the official ballot who is not eligible to hold the office for which the candidate has filed;
134	133		4.31 (2) any other error in preparing or printing any official ballot;
135	134		4Sec. 5.
136		-	REVISOR JFK ~~H2870-1~~~~HF2870 FIRST ENGROSSMENT~~ 5.1 (3) failure of the chair or secretary of the proper committee of a major political party to
	135	+	REVISOR JFK/AC 25-0511403/20/25 5.1 (3) failure of the chair or secretary of the proper committee of a major political party to
137	136		5.2execute or file a certificate of nomination;
138	137		5.3 (4) any wrongful act, omission, or error of any election judge, municipal clerk, county
139	138		5.4auditor, canvassing board or any of its members, the secretary of state, or any other individual
140	139		5.5charged with any duty concerning an election.
141	140		5.6 (b) The petition shall describe the error, omission, or wrongful act and the correction
142	141		5.7sought by the petitioner. The petition shall be filed with any judge of the supreme court in
143	142		5.8the case of an election for state or federal office or any judge of the district court in that
144	143		5.9county in the case of an election for county, municipal, or school district office. The petitioner
145	144		5.10shall serve a copy of the petition on the officer, board or individual charged with the error,
146	145		5.11omission, or wrongful act, on all candidates for the office in the case of an election for state,
147	146		5.12federal, county, municipal, or school district office, and on any other party as required by
148	147		5.13the court. Upon receipt of the petition the court shall immediately set a time for a hearing
149	148		5.14on the matter and order the officer, board or individual charged with the error, omission or
150	149		5.15wrongful act to correct the error or wrongful act or perform the duty or show cause for not
151	150		5.16doing so. In the case of a review of a candidate's eligibility to hold office, the court may
152	151		5.17order the candidate to appear and present sufficient evidence of the candidate's eligibility.
153	152		5.18The court shall issue its findings and a final order for appropriate relief as soon as possible
154	153		5.19after the hearing. Failure to obey the order is contempt of court.
155		-	5.20 (c) Any service required ~~by this section~~ on a candidate may be accomplished by electronic
156		-	5.~~21mail sent to~~ the address the candidate provided on their affidavit of candidacy pursuant to
157		-	5.~~22section 204B~~.06, subdivision 1b, or by any other means permitted by law.
	154	+	5.20 (c) Any service required on a candidate may be accomplished by electronic mail sent
	155	+	5.21to the address the candidate provided on their affidavit of candidacy pursuant to section
	156	+	5.22204B.06, subdivision 1b, or by any other means permitted by law.
158	157		5.23 (d) If all candidates for an office and the officer, board, or individual charged with the
159	158		5.24error, omission, or wrongful act unanimously agree in writing:
160	159		5.25 (1) that an error, omission, or wrongful act occurred; and
161	160		5.26 (2) on the appropriate correction for the error, omission, or wrongful act,
162	161		5.27then the officer, board, or individual charged with the error, omission, or wrongful act must
163		-	5.28correct the error in the manner agreed to without an order from the court. ~~The agreement~~
164		-	5.~~29must address~~, ~~at a minimum~~, ~~how~~ the ~~correction will take place and,~~ if the ~~correction involves~~
165		-	5.~~30a change to a ballot,~~ ~~how voters who have received or returned an incomplete ballot will~~
166		-	5.~~31be notified of~~ the ~~change and what, if any, steps voters who have returned an incorrect ballot~~
167		-	5.~~32can take to receive a corrected replacement ballot~~.
	162	+	5.28correct the error in the manner agreed to without an order from the court.
	163	+	5.29The officer, board, or individual must notify the secretary of state in writing of the error
	164	+	5.30and proposed correction within one business day of receiving notification of the candidate's
	165	+	5.31written agreement and must not distribute any ballots reflecting the proposed correction for
	166	+	5.32two business days unless the secretary of state waives this notice period.
168	167		5Sec. 5.
169		-	REVISOR JFK H2870-1HF2870 FIRST ENGROSSMENT 6.1The officer, board, or individual must notify the secretary of state in writing of the error
170		-	6.2and proposed correction within one business day of receiving notification of the candidate's
171		-	6.3written agreement and must not distribute any ballots reflecting the proposed correction for
172		-	6.4two business days unless the secretary of state waives this notice period. Nothing in this
173		-	6.5paragraph shall be construed to preclude any person from filing a petition under this section
174		-	6.6alleging that the written agreement constitutes an error, omission, or wrongful act that
175		-	6.7requires correction by the court.
176		-	6.8 (e) Any candidate for an office who does not enter into an agreement under paragraph
177		-	6.9(d) and who does not prevail at any subsequent proceeding involving a petition filed under
178		-	6.10this section must pay the costs and disbursements of the prevailing party or parties unless
179		-	6.11the court determines that the candidate's position was substantially justified or such costs
180		-	6.12and disbursements would impose undue hardship or otherwise be inequitable.
181		-	6.13 (f) Notwithstanding any other provision of this section, an official may correct any
182		-	6.14official ballot without order from the court if the ballot is not in compliance with sections
183		-	6.15204B.35 to 204B.37 or any rules promulgated under sections 204B.35 to 204B.37.
184		-	6.16 Sec. 6. REPEALER.
185		-	6.17 Minnesota Statutes 2024, section 209.06, is repealed.
	168	+	REVISOR JFK/AC 25-0511403/20/25 6.1 (e) Any candidate for an office who does not enter into an agreement under paragraph
	169	+	6.2(d) and who does not prevail at any subsequent proceeding involving a petition filed under
	170	+	6.3this section must pay the costs and disbursements of the prevailing party or parties unless
	171	+	6.4the court determines that the candidate's position was substantially justified or such costs
	172	+	6.5and disbursements would impose undue hardship or otherwise be inequitable.
	173	+	6.6 (f) Notwithstanding any other provision of this section, an official may correct any
	174	+	6.7official ballot without order from the court if the ballot is not in compliance with sections
	175	+	6.8204B.35 to 204B.37 or any rules promulgated under sections 204B.35 to 204B.37.
	176	+	6.9 Sec. 6. REPEALER.
	177	+	6.10 Minnesota Statutes 2024, section 209.06, is repealed.
186	178		6Sec. 6.
187		-	REVISOR JFK ~~H2870-1~~~~HF2870 FIRST ENGROSSMENT~~ 209.06 INSPECTION OF BALLOTS.
	179	+	REVISOR JFK/AC 25-0511403/20/25 209.06 INSPECTION OF BALLOTS.
188	180		Subdivision 1.Appointment of inspectors.After a contest has been instituted, either party
189	181		may have the ballots inspected before preparing for trial. The party requesting an inspection shall
190	182		file with the district court where the contest is brought a verified petition, stating that the case cannot
191	183		properly be prepared for trial without an inspection of the ballots and designating the precincts in
192	184		which an inspection is desired. A judge of the court in which the contest is pending shall then
193	185		appoint as many sets of three inspectors for a contest of any office or question as are needed to
194	186		count and inspect the ballots expeditiously. One inspector must be selected by each of the parties
195	187		to the contest and a third must be chosen by those two inspectors. If either party neglects or refuses
196	188		to name an inspector, the judge shall appoint the inspector. The compensation of inspectors is the
197	189		same as for referees, unless otherwise stipulated.
198	190		Subd. 2.Bond, taxing of costs.The party applying for the inspection shall file with the court
199	191		administrator of district court a bond in the sum of $250 if the contest is in a single county. In other
200	192		cases the bond shall be in a sum set by the court with sureties approved by the court, and conditioned
201	193		that the party seeking inspection will pay the administrative costs and expenses of the inspection
202	194		if that party loses the contest.
203	195		Subd. 3.Report of inspectors.An inspection must be made in the office and in the presence
204	196		of the legal custodian of the ballots. The inspectors shall recanvass the votes cast for the parties to
205	197		the contest or the question in issue in accordance with the rules for counting ballots in the Minnesota
206	198		Election Law. They shall make a written report of the inspection indicating the number of votes
207	199		cast for each candidate or each side of the question in each precinct where the ballots were inspected
208	200		and indicating any disputed ballots upon which the inspectors cannot agree.
209	201		1R
210	202		APPENDIX
211		-	Repealed Minnesota Statutes: ~~H2870-1~~
	203	+	Repealed Minnesota Statutes: 25-05114