1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to elections; repealing authorization of absentee ballot drop boxes; |
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3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 203B.08, subdivision 1; repealing |
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4 | 4 | | 1.4 Minnesota Statutes 2024, section 203B.082. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 203B.08, subdivision 1, is amended to read: |
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7 | 7 | | 1.7 Subdivision 1.Marking and return by voter.(a) An eligible voter who receives absentee |
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8 | 8 | | 1.8ballots as provided in this chapter shall mark them in the manner specified in the directions |
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9 | 9 | | 1.9for casting the absentee ballots. The return envelope containing marked ballots may be |
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10 | 10 | | 1.10mailed as provided in the directions for casting the absentee ballots, or may be left with |
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11 | 11 | | 1.11personally delivered to the office of the county auditor or municipal clerk who transmitted |
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12 | 12 | | 1.12the absentee ballots to the voter, or may be left in a drop box as provided in section 203B.082. |
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13 | 13 | | 1.13If delivered in person, the return envelope must be submitted to the county auditor or |
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14 | 14 | | 1.14municipal clerk by 8:00 p.m. on election day. |
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15 | 15 | | 1.15 (b) The voter may designate an agent to deliver in person the sealed absentee ballot |
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16 | 16 | | 1.16return envelope to the office of the county auditor or municipal clerk or to deposit the return |
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17 | 17 | | 1.17envelope in the mail. An agent may deliver or mail the return envelopes of not more than |
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18 | 18 | | 1.18three voters in any election. Any person designated as an agent who tampers with either the |
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19 | 19 | | 1.19return envelope or the voted ballots or does not immediately mail or deliver the return |
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20 | 20 | | 1.20envelope to the county auditor or municipal clerk is guilty of a misdemeanor. |
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21 | 21 | | 1.21 (c) The county auditor or municipal clerk must not provide a drop box or similar |
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22 | 22 | | 1.22receptacle into which voters or agents may deposit absentee ballot envelopes. |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-02516 as introduced01/21/25 REVISOR JFK/NS |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 1021NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: HOWE, Koran, Bahr, Drazkowski and Green) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading02/06/2025 |
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31 | 31 | | Referred to Elections 2.1 Sec. 2. REPEALER. |
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32 | 32 | | 2.2 Minnesota Statutes 2024, section 203B.082, is repealed. |
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33 | 33 | | 2Sec. 2. |
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34 | 34 | | 25-02516 as introduced01/21/25 REVISOR JFK/NS 203B.082 ABSENTEE BALLOT DROP BOXES; SECURITY AND INTEGRITY. |
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35 | 35 | | Subdivision 1.Definition.As used in this section, "drop box" means a secure receptacle or |
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36 | 36 | | container established to receive completed absentee ballots 24 hours per day. Drop box does not |
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37 | 37 | | include a receptacle or container maintained by the United States Postal Service, or a location at |
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38 | 38 | | which a voter or an agent may return a completed absentee ballot by providing it directly to an |
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39 | 39 | | employee of the county auditor or municipal clerk. |
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40 | 40 | | Subd. 2.Minimum security and integrity standards.The county auditor or municipal clerk |
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41 | 41 | | may provide locations at which a voter may deposit a completed absentee ballot enclosed in the |
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42 | 42 | | completed signature envelope in a secure drop box, consistent with the following security and |
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43 | 43 | | integrity standards: |
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44 | 44 | | (1) each drop box must be continually recorded during the absentee voting period; |
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45 | 45 | | (2) each drop box must be designed to prevent an unauthorized person from moving, removing, |
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46 | 46 | | or tampering with the drop box; |
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47 | 47 | | (3) each drop box placed in an outdoor location must be fastened to a building, bolted to a |
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48 | 48 | | concrete pad, or otherwise attached to a similarly secure structure; |
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49 | 49 | | (4) ballots deposited in a drop box must be secured against access by any unauthorized person, |
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50 | 50 | | and in the case of a drop box located in an outdoor location, the drop box must be secured against |
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51 | 51 | | damage due to weather or other natural conditions; |
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52 | 52 | | (5) each drop box must contain signage or markings that: |
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53 | 53 | | (i) clearly identifies the drop box as an official absentee ballot return location; and |
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54 | 54 | | (ii) include the location and hours where an agent may return an absentee ballot; |
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55 | 55 | | (6) deposited ballots must be collected at least once per business day during the absentee voting |
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56 | 56 | | period by the county auditor, municipal clerk, or an elections official trained by the county auditor |
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57 | 57 | | or municipal clerk in the proper maintenance and handling of absentee ballots and absentee ballot |
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58 | 58 | | drop boxes, and in the security measures used to protect absentee ballots; and |
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59 | 59 | | (7) ballots collected from each drop box must be properly date-stamped and stored in a locked |
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60 | 60 | | ballot container or other secured and locked space consistent with any applicable laws governing |
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61 | 61 | | the collection and storage of absentee ballots. |
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62 | 62 | | Subd. 3.Publication of locations required.(a) The county auditor or municipal clerk must |
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63 | 63 | | provide a list of designated absentee ballot drop box locations to the secretary of state no later than |
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64 | 64 | | 40 days prior to the start of the absentee voting period at every regularly scheduled primary or |
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65 | 65 | | general election. The list must be published on the website of the county or municipality and on |
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66 | 66 | | the website of the secretary of state at least 35 days prior to the start of the absentee voting period. |
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67 | 67 | | (b) The county auditor or municipal clerk must provide an updated list of designated absentee |
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68 | 68 | | ballot drop box locations to the secretary of state no later than 20 days prior to the start of the |
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69 | 69 | | absentee voting period at every regularly scheduled primary or general election, if any locations |
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70 | 70 | | have changed or been added since submission of the list under paragraph (a). The list must be |
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71 | 71 | | published on the website of the county or municipality and on the website of the secretary of state |
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72 | 72 | | at least 15 days prior to the start of the absentee voting period. |
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73 | 73 | | Subd. 4.Electioneering prohibited.Section 211B.11 applies to conduct within 100 feet of an |
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74 | 74 | | absentee ballot drop box established under this section. |
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75 | 75 | | 1R |
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76 | 76 | | APPENDIX |
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77 | 77 | | Repealed Minnesota Statutes: 25-02516 |
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