1.1 A bill for an act
1.2 relating to elections; making various changes related to election administration;
1.3 modifying provisions related to absentee voting; clarifying terminology; amending
1.4 Minnesota Statutes 2024, sections 203B.121, subdivision 4; 204B.06, subdivision
1.5 1b; 204B.09, subdivisions 1a, 2; 204B.44; repealing Minnesota Statutes 2024,
1.6 section 209.06.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read:
1.9 Subd. 4.Opening of envelopes.(a) After the close of business on the 19th day before
1.10the election, the ballots from secrecy ballot envelopes within the signature envelopes marked
1.11"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86,
1.12subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate
1.13ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must
1.14be returned in the manner provided by section 204C.25 for return of spoiled ballots, and
1.15may not be counted.
1.16 (b) Accepted signature envelopes must be segregated by precinct and processed in
1.17accordance with this subdivision on a precinct-by-precinct basis. Precincts within a combined
1.18polling place established in section 205A.11, subdivision 2, may be processed together. At
1.19each step, members of the ballot board must notify the official responsible for the ballot
1.20board if there is a discrepancy in any count required by paragraphs (c) to (e) and note the
1.21discrepancy in the ballot board incident log.
1.22 (c) Before opening accepted signature envelopes, two members of the ballot board must
1.23count and record the number of envelopes and ensure that the count matches either the
1Section 1.
REVISOR JFK H2870-1HF2870 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2870
NINETY-FOURTH SESSION
Authored by Freiberg03/26/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
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
2.2board or the number of signature envelopes accepted by the ballot board that day.
2.3 (d) Two members of the ballot board must remove the ballots from the ballot envelopes.
2.4The governing body responsible for the ballot board must retain all ballot envelopes through
2.5the contest period of that election.
2.6 (e) After ballots have been removed from the ballot envelopes, two members of the
2.7ballot board must count and record the number of ballots to ensure the count matches the
2.8number of accepted signature envelopes, accounting for any empty envelopes or spoiled
2.9ballots, which must be noted on the ballot board incident log.
2.10 Sec. 2. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read:
2.11 Subd. 1b.Address, electronic mail address, and telephone number.(a) An affidavit
2.12of candidacy must state a telephone number where the candidate can be contacted. An
2.13affidavit must also state the candidate's or campaign's nongovernment issued electronic
2.14mail address or an attestation that the candidate and the candidate's campaign do not possess
2.15an electronic mail address. Except for affidavits of candidacy for (1) judicial office, (2) the
2.16office of county attorney, or (3) county sheriff, an affidavit must also state the candidate's
2.17current address of residence as determined under section 200.031, or at the candidate's
2.18request in accordance with paragraph (c), the candidate's campaign contact address. When
2.19filing the affidavit, the candidate must present the filing officer with the candidate's valid
2.20driver's license or state identification card that contains the candidate's current address of
2.21residence, or documentation of proof of residence authorized for election day registration
2.22in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item (ii); or paragraph
2.23(d). If an original bill is shown, the due date on the bill must be within 30 days before or
2.24after the beginning of the filing period or, for bills without a due date, dated within 30 days
2.25before the beginning of the filing period. If the address on the affidavit and the documentation
2.26do not match, the filing officer must not accept the affidavit. The form for the affidavit of
2.27candidacy must allow the candidate to request, if eligible, that the candidate's address of
2.28residence be classified as private data, and to provide the certification required under
2.29paragraph (c) for classification of that address.
2.30 (b) If an affidavit for an office where a residency requirement must be satisfied by the
2.31close of the filing period is filed as provided by paragraph (c), the filing officer must, within
2.32one business day of receiving the filing, determine whether the address provided in the
2.33affidavit of candidacy is within the area represented by the office the candidate is seeking.
2.34For all other candidates who filed for an office whose residency requirement must be satisfied
2Sec. 2.
REVISOR JFK H2870-1HF2870 FIRST ENGROSSMENT 3.1by the close of the filing period, a registered voter in this state may request in writing that
3.2the filing officer receiving the affidavit of candidacy review the address as provided in this
3.3paragraph, at any time up to one day after the last day for filing for office. If requested, the
3.4filing officer must determine whether the address provided in the affidavit of candidacy is
3.5within the area represented by the office the candidate is seeking. If the filing officer
3.6determines that the address is not within the area represented by the office, the filing officer
3.7must immediately notify the candidate and the candidate's name must be removed from the
3.8ballot for that office. A determination made by a filing officer under this paragraph is subject
3.9to judicial review under section 204B.44.
3.10 (c) If the candidate requests that the candidate's address of residence be classified as
3.11private data, the candidate must list the candidate's address of residence on a separate form
3.12to be attached to the affidavit. The candidate must also certify on the affidavit that either:
3.13(1) a police report has been submitted, an order for protection has been issued, or the
3.14candidate has a reasonable fear in regard to the safety of the candidate or the candidate's
3.15family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The
3.16address of residence provided by a candidate who makes a request for classification on the
3.17candidate's affidavit of candidacy and provides the certification required by this paragraph
3.18is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed
3.19by the filing officer as provided in this subdivision.
3.20 (d) The requirements of this subdivision do not apply to affidavits of candidacy for a
3.21candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
3.22 Sec. 3. Minnesota Statutes 2024, section 204B.09, subdivision 1a, is amended to read:
3.23 Subd. 1a.Absent candidates.(a) A candidate for special district, county, state, or federal
3.24office who will be absent from the state during the filing period may submit a properly
3.25executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in
3.26person to the filing officer. The candidate shall state in writing the reason for being unable
3.27to submit the affidavit during the filing period. The affidavit, filing fee, if any, and petitions
3.28must be submitted to the filing officer during the seven days immediately preceding the
3.29candidate's absence from the state. Nominating petitions may be signed during the 14 days
3.30immediately preceding the date when the affidavit of candidacy is filed.
3.31 (b) A candidate for special district, county, state, or federal office who will be absent
3.32from the state during the entire filing period or who must leave the state for the remainder
3.33of the filing period and who certifies to the secretary of state that the circumstances constitute
3.34an emergency and were unforeseen, may submit a properly executed affidavit of candidacy
3Sec. 3.
REVISOR JFK H2870-1HF2870 FIRST ENGROSSMENT 4.1by facsimile device or by transmitting electronically a scanned image of the affidavit and
4.2proof of residence required in section 204B.06, subdivision 1b, to the secretary of state
4.3during the filing period. The candidate shall state in writing the specific reason for being
4.4unable to submit the affidavit by mail or by hand during the filing period or in person prior
4.5to the start of the filing period. The affidavit of candidacy, filing fee, if any, and any necessary
4.6petitions must be received by the secretary of state by 5:00 p.m. on the last day for filing.
4.7If the candidate is filing for a special district or county office, the secretary of state shall
4.8forward the affidavit of candidacy, filing fee, if any, and any necessary petitions to the
4.9appropriate filing officer. Copies of a proof of residence submitted under this subdivision
4.10are private data.
4.11 Sec. 4. Minnesota Statutes 2024, section 204B.09, subdivision 2, is amended to read:
4.12 Subd. 2.Other elections.Affidavits of candidacy and nominating petitions for city,
4.13town or other elective offices shall be filed during the time and with the official specified
4.14in chapter 205 or other applicable law or charter, except as provided for a special district
4.15candidate under subdivision 1a. Affidavits of candidacy and applications filed on behalf of
4.16eligible voters for school board office shall be filed during the time and with the official
4.17specified in chapter 205A or other applicable law. Affidavits of candidacy, including proof
4.18of residence required in section 204B.06, subdivision 1b, and nominating petitions filed
4.19under this subdivision must be submitted by mail or by hand, notwithstanding chapter 325L,
4.20or any other law to the contrary, and must be received by the appropriate official within the
4.21specified time for the filing of affidavits and petitions for the office. Copies of a proof of
4.22residence submitted by mail are private data.
4.23 Sec. 5. Minnesota Statutes 2024, section 204B.44, is amended to read:
4.24 204B.44 ERRORS AND OMISSIONS; REMEDY.
4.25 (a) Any individual may file a petition in the manner provided in this section for the
4.26correction of any of the following errors, omissions, or wrongful acts which have occurred
4.27or are about to occur:
4.28 (1) an error or omission in the placement or printing of the name or description of any
4.29candidate or any question on any official ballot, including the placement of a candidate on
4.30the official ballot who is not eligible to hold the office for which the candidate has filed;
4.31 (2) any other error in preparing or printing any official ballot;
4Sec. 5.
REVISOR JFK H2870-1HF2870 FIRST ENGROSSMENT 5.1 (3) failure of the chair or secretary of the proper committee of a major political party to
5.2execute or file a certificate of nomination;
5.3 (4) any wrongful act, omission, or error of any election judge, municipal clerk, county
5.4auditor, canvassing board or any of its members, the secretary of state, or any other individual
5.5charged with any duty concerning an election.
5.6 (b) The petition shall describe the error, omission, or wrongful act and the correction
5.7sought by the petitioner. The petition shall be filed with any judge of the supreme court in
5.8the case of an election for state or federal office or any judge of the district court in that
5.9county in the case of an election for county, municipal, or school district office. The petitioner
5.10shall serve a copy of the petition on the officer, board or individual charged with the error,
5.11omission, or wrongful act, on all candidates for the office in the case of an election for state,
5.12federal, county, municipal, or school district office, and on any other party as required by
5.13the court. Upon receipt of the petition the court shall immediately set a time for a hearing
5.14on the matter and order the officer, board or individual charged with the error, omission or
5.15wrongful act to correct the error or wrongful act or perform the duty or show cause for not
5.16doing so. In the case of a review of a candidate's eligibility to hold office, the court may
5.17order the candidate to appear and present sufficient evidence of the candidate's eligibility.
5.18The court shall issue its findings and a final order for appropriate relief as soon as possible
5.19after the hearing. Failure to obey the order is contempt of court.
5.20 (c) Any service required by this section on a candidate may be accomplished by electronic
5.21mail sent to the address the candidate provided on their affidavit of candidacy pursuant to
5.22section 204B.06, subdivision 1b, or by any other means permitted by law.
5.23 (d) If all candidates for an office and the officer, board, or individual charged with the
5.24error, omission, or wrongful act unanimously agree in writing:
5.25 (1) that an error, omission, or wrongful act occurred; and
5.26 (2) on the appropriate correction for the error, omission, or wrongful act,
5.27then the officer, board, or individual charged with the error, omission, or wrongful act must
5.28correct the error in the manner agreed to without an order from the court. The agreement
5.29must address, at a minimum, how the correction will take place and, if the correction involves
5.30a change to a ballot, how voters who have received or returned an incomplete ballot will
5.31be notified of the change and what, if any, steps voters who have returned an incorrect ballot
5.32can take to receive a corrected replacement ballot.
5Sec. 5.
REVISOR JFK H2870-1HF2870 FIRST ENGROSSMENT 6.1The officer, board, or individual must notify the secretary of state in writing of the error
6.2and proposed correction within one business day of receiving notification of the candidate's
6.3written agreement and must not distribute any ballots reflecting the proposed correction for
6.4two business days unless the secretary of state waives this notice period. Nothing in this
6.5paragraph shall be construed to preclude any person from filing a petition under this section
6.6alleging that the written agreement constitutes an error, omission, or wrongful act that
6.7requires correction by the court.
6.8 (e) Any candidate for an office who does not enter into an agreement under paragraph
6.9(d) and who does not prevail at any subsequent proceeding involving a petition filed under
6.10this section must pay the costs and disbursements of the prevailing party or parties unless
6.11the court determines that the candidate's position was substantially justified or such costs
6.12and disbursements would impose undue hardship or otherwise be inequitable.
6.13 (f) Notwithstanding any other provision of this section, an official may correct any
6.14official ballot without order from the court if the ballot is not in compliance with sections
6.15204B.35 to 204B.37 or any rules promulgated under sections 204B.35 to 204B.37.
6.16 Sec. 6. REPEALER.
6.17 Minnesota Statutes 2024, section 209.06, is repealed.
6Sec. 6.
REVISOR JFK H2870-1HF2870 FIRST ENGROSSMENT 209.06 INSPECTION OF BALLOTS.
Subdivision 1.Appointment of inspectors.After a contest has been instituted, either party
may have the ballots inspected before preparing for trial. The party requesting an inspection shall
file with the district court where the contest is brought a verified petition, stating that the case cannot
properly be prepared for trial without an inspection of the ballots and designating the precincts in
which an inspection is desired. A judge of the court in which the contest is pending shall then
appoint as many sets of three inspectors for a contest of any office or question as are needed to
count and inspect the ballots expeditiously. One inspector must be selected by each of the parties
to the contest and a third must be chosen by those two inspectors. If either party neglects or refuses
to name an inspector, the judge shall appoint the inspector. The compensation of inspectors is the
same as for referees, unless otherwise stipulated.
Subd. 2.Bond, taxing of costs.The party applying for the inspection shall file with the court
administrator of district court a bond in the sum of $250 if the contest is in a single county. In other
cases the bond shall be in a sum set by the court with sureties approved by the court, and conditioned
that the party seeking inspection will pay the administrative costs and expenses of the inspection
if that party loses the contest.
Subd. 3.Report of inspectors.An inspection must be made in the office and in the presence
of the legal custodian of the ballots. The inspectors shall recanvass the votes cast for the parties to
the contest or the question in issue in accordance with the rules for counting ballots in the Minnesota
Election Law. They shall make a written report of the inspection indicating the number of votes
cast for each candidate or each side of the question in each precinct where the ballots were inspected
and indicating any disputed ballots upon which the inspectors cannot agree.
1R
APPENDIX
Repealed Minnesota Statutes: H2870-1