Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1804 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to elections; providing for ranked choice voting; authorizing jurisdictions
3	3	1.3 to adopt ranked choice voting for local offices; establishing procedures for adoption,
4	4	1.4 implementation, and use of ranked choice voting for local jurisdictions; allowing
5	5	1.5 local jurisdictions to use electronic voting systems with a reallocation feature;
6	6	1.6 authorizing rulemaking; appropriating money; amending Minnesota Statutes 2024,
7	7	1.7 sections 204B.35, subdivision 1; 204C.21, by adding a subdivision; 204D.07,
8	8	1.8 subdivision 3; 205.13, subdivision 2; 206.57, by adding a subdivision; 206.83;
9	9	1.9 proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding
10	10	1.10 for new law as Minnesota Statutes, chapter 204E.
11	11	1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
12	12	1.12 Section 1. Minnesota Statutes 2024, section 204B.35, subdivision 1, is amended to read:
13	13	1.13 Subdivision 1.Application.All ballots for every election shall be prepared in accordance
14	14	1.14with sections 204B.35 to 204B.44 and chapter chapters 204D and 204E, except for voting
15	15	1.15machine ballots or as otherwise provided by law.
16	16	1.16 Sec. 2. Minnesota Statutes 2024, section 204C.21, is amended by adding a subdivision to
17	17	1.17read:
18	18	1.18 Subd. 4.Ranked choice voting election.Notwithstanding the requirements of this
19	19	1.19section, the votes cast in a ranked choice voting election must be counted according to the
20	20	1.20procedures established in chapter 204E.
21	21	1.21 Sec. 3. Minnesota Statutes 2024, section 204D.07, subdivision 3, is amended to read:
22	22	1.22 Subd. 3.Exception; certain nonpartisan candidate.If not more than twice the number
23	23	1.23of individuals to be elected to a nonpartisan office file for the nomination, their names and
24	24	1.24the name of the office shall be omitted from the state and county nonpartisan primary ballot
25	25	1Sec. 3.
26	26	25-03871 as introduced02/13/25 REVISOR JFK/VJ
27	27	SENATE
28	28	STATE OF MINNESOTA
29	29	S.F. No. 1804NINETY-FOURTH SESSION
30	30	(SENATE AUTHORS: PUTNAM, Kunesh, Mitchell, Maye Quade and Hoffman)
31	31	OFFICIAL STATUSD-PGDATE
32	32	Introduction and first reading02/24/2025
33	33	Referred to Elections 2.1and the candidates who filed shall be the nominees. For candidates in a nonpartisan ranked
34	34	2.2choice voting election, candidates shall be omitted from the state and county primary ballot.
35	35	2.3 Sec. 4. [204E.01] APPLICABILITY; AUTHORIZED LOCAL ADOPTION ONLY.
36	36	2.4 This chapter applies to all elections conducted using ranked choice voting as authorized
37	37	2.5by section 204E.03. Except as otherwise provided by this chapter, Minnesota election law
38	38	2.6applies to elections conducted using ranked choice voting.
39	39	2.7 Sec. 5. [204E.02] DEFINITIONS.
40	40	2.8 Subdivision 1.Application.For the purposes of this chapter, the terms defined in this
41	41	2.9section have the meanings given.
42	42	2.10 Subd. 2.Active candidate."Active candidate" means any candidate who has not been
43	43	2.11defeated or elected and is not a withdrawn candidate.
44	44	2.12 Subd. 3.Batch elimination."Batch elimination" means a simultaneous defeat of multiple
45	45	2.13continuing candidates who are mathematically impossible to be elected.
46	46	2.14 Subd. 4.Cast vote record."Cast vote record" means the tabulatable record of all
47	47	2.15aggregated votes produced by a single voter in one voting session. For ballots on which
48	48	2.16voters have indicated a write-in choice, the finalized cast vote record indicates whether the
49	49	2.17write-in choice was cast for one of the declared write-in candidates, and if so, which one.
50	50	2.18 Subd. 5.Hand count election."Hand count election" means an election in which all
51	51	2.19tabulation of ballots is done by hand, regardless of whether the ballots are cast in a polling
52	52	2.20place or as absentee or mail ballots.
53	53	2.21 Subd. 6.Highest continuing ranking."Highest continuing ranking" means the ranking
54	54	2.22on a voter's ballot with the lowest numerical value for a continuing candidate.
55	55	2.23 Subd. 7.Inactive ballot."Inactive ballot" means a ballot that does not count for any
56	56	2.24candidate in a given round of tabulation as provided in section 204E.06 or 204E.07.
57	57	2.25 Subd. 8.Mathematically impossible to be elected."Mathematically impossible to be
58	58	2.26elected" means:
59	59	2.27 (1) the candidate cannot be elected because the sum of (i) the candidate's current vote
60	60	2.28total and (ii) the current vote totals of all other candidates in the current round with fewer
61	61	2.29votes or an equal number of votes would not be enough to surpass the candidate with the
62	62	2.30next higher current vote total; or
63	63	2Sec. 5.
64	64	25-03871 as introduced02/13/25 REVISOR JFK/VJ 3.1 (2) the candidate has a lower current vote total than a candidate who is described by
65	65	3.2clause (1).
66	66	3.3 Subd. 9.Maximum possible threshold."Maximum possible threshold" means the
67	67	3.4number of votes sufficient for a candidate to be elected under a first ranked choice tabulation
68	68	3.5under sections 204E.06 and 204E.07. Maximum possible threshold equals:
69	69	3.6 (1) the sum of the total ballots cast that include votes, undervotes, skipped rankings, and
70	70	3.7overvotes for the office; divided by
71	71	3.8 (2) the sum of one plus the number of offices to be filled; then
72	72	3.9 (3) adding one to the result; and
73	73	3.10 (4) disregarding any fractions.
74	74	3.11 Subd. 10.Multiple-seat election."Multiple-seat election" means an election in which
75	75	3.12two or more seats in an office are to be filled from a single set of candidates on the ballot.
76	76	3.13 Subd. 11.Overvote."Overvote" means a voter has ranked more than one candidate at
77	77	3.14the same ranking.
78	78	3.15 Subd. 12.Partially defective ballot."Partially defective ballot" means a ballot that is
79	79	3.16defective to the extent that the election judges are unable to determine the voter's intent with
80	80	3.17respect to the office being counted.
81	81	3.18 Subd. 13.Ranked choice voting."Ranked choice voting" means an election method in
82	82	3.19which voters rank candidates for an office in order of their preference, with each vote
83	83	3.20counting for the highest-ranked continuing candidate on each ballot until that candidate has
84	84	3.21been elected or defeated as provided in this chapter.
85	85	3.22 Subd. 14.Ranked choice voting local election official."Ranked choice voting local
86	86	3.23election official" means the county auditor, school district clerk, or municipal clerk
87	87	3.24responsible for duties related to election administration in the applicable jurisdiction. Where
88	88	3.25more than one ranked choice voting election jurisdiction is involved, the ranked choice
89	89	3.26voting local election official is presumed to be the county auditor if the county has adopted
90	90	3.27ranked choice voting. If an overlapping city and school district adopt ranked choice voting,
91	91	3.28the municipal clerk is presumed to be the ranked choice voting election official. Nothing
92	92	3.29in this subdivision prohibits overlapping jurisdictions from agreeing to an alternative ranked
93	93	3.30choice voting election official.
94	94	3Sec. 5.
95	95	25-03871 as introduced02/13/25 REVISOR JFK/VJ 4.1 Subd. 15.Ranked choice voting tabulation center."Ranked choice voting tabulation
96	96	4.2center" means the location where ballots are processed automatically or by hand and are
97	97	4.3tabulated.
98	98	4.4 Subd. 16.Ranking."Ranking" means the number assigned by a voter to a candidate to
99	99	4.5express the voter's preference for that candidate. Ranking number one is the highest ranking.
100	100	4.6A ranking of lower numerical value indicates a greater preference for a candidate than a
101	101	4.7ranking of higher numerical value.
102	102	4.8 Subd. 17.Repeat candidate ranking."Repeat candidate ranking" means a voter ranks
103	103	4.9the same candidate at multiple rankings for the office being counted.
104	104	4.10 Subd. 18.Round."Round" means an instance of the sequence of voting tabulation steps
105	105	4.11established in section 204E.06 or 204E.07.
106	106	4.12 Subd. 19.Single-seat election."Single-seat election" means an election in which one
107	107	4.13seat in an office is to be filled from a single set of candidates on the ballot.
108	108	4.14 Subd. 20.Skipped ranking."Skipped ranking" means a voter has left a ranking blank
109	109	4.15and ranks a candidate at a subsequent ranking.
110	110	4.16 Subd. 21.Surplus."Surplus" means the total number of votes cast for an elected
111	111	4.17candidate in excess of the threshold.
112	112	4.18 Subd. 22.Surplus fraction of a vote."Surplus fraction of a vote" means the proportion
113	113	4.19of each vote to be transferred when a surplus is transferred. The surplus fraction is calculated
114	114	4.20by dividing the surplus by the total votes cast for the elected candidate, calculated to four
115	115	4.21decimal places, ignoring any remainder.
116	116	4.22 Subd. 23.Threshold."Threshold" means the number of votes sufficient for a candidate
117	117	4.23to be elected. In any given single-seat election, the threshold equals: the total votes counted
118	118	4.24during that tabulation round, excluding inactive ballots; divided by two; then adding one;
119	119	4.25and disregarding any fractions. In any given multiple-seat election, the threshold equals:
120	120	4.26the total votes counted in the first round after removing defective ballots; divided by the
121	121	4.27sum of one plus the number of offices to be filled; adding one to the result; and disregarding
122	122	4.28any fractions.
123	123	4.29 Subd. 24.Totally defective ballot."Totally defective ballot" means a ballot that is
124	124	4.30defective to the extent that election judges are unable to determine the voter's intent for any
125	125	4.31office on the ballot.
126	126	4.32 Subd. 25.Transfer value."Transfer value" means the fraction of a vote that a transferred
127	127	4.33ballot will contribute to the next ranked continuing candidate on that ballot. The transfer
128	128	4Sec. 5.
129	129	25-03871 as introduced02/13/25 REVISOR JFK/VJ 5.1value of a vote cast for an elected candidate is calculated by multiplying the surplus fraction
130	130	5.2of each vote by its current value, calculated to four decimal places, ignoring any remainder.
131	131	5.3The transfer value of a vote cast for a defeated candidate is the same as its current value.
132	132	5.4 Subd. 26.Transferable vote."Transferable vote" means a vote or a fraction of a vote
133	133	5.5for a candidate who has been either elected or defeated.
134	134	5.6 Subd. 27.Undeclared candidate."Undeclared candidate" means a candidate who does
135	135	5.7not file a request within the time required by section 204E.05, subdivision 4, for the
136	136	5.8candidate's write-in votes to be counted and whose name does not otherwise appear on the
137	137	5.9ballot.
138	138	5.10 Subd. 28.Undervote."Undervote" means a voter did not rank any candidates for an
139	139	5.11office.
140	140	5.12 Sec. 6. [204E.03] AUTHORIZATION FOR LOCAL ADOPTION.
141	141	5.13 (a) After January 1, 2026, or the adoption of administrative rules governing ranked
142	142	5.14choice voting by the secretary of state, whichever is later, the following political subdivisions
143	143	5.15may adopt, in the manner provided in this section, ranked choice voting as a method of
144	144	5.16voting for local offices within the political subdivision:
145	145	5.17 (1) home rule charter or statutory cities;
146	146	5.18 (2) school districts; and
147	147	5.19 (3) counties.
148	148	5.20 (b) A jurisdiction, whether governed by statute or charter, that adopts ranked choice
149	149	5.21voting may only do so by a ballot question presented to the voters. The ranked choice voting
150	150	5.22method may be repealed by the same method used for adoption.
151	151	5.23 (c) Before adopting the use of ranked choice voting for an election held in conjunction
152	152	5.24with a statewide election, a jurisdiction must enter into a conditional agreement with the
153	153	5.25county or counties responsible for administering the jurisdiction's election.
154	154	5.26 (d) If a home rule charter or statutory city adopts ranked choice voting without an
155	155	5.27agreement with the county or counties, the election conducted by ranked choice voting must
156	156	5.28not be held in conjunction with a statewide election and the jurisdiction must administer its
157	157	5.29own election.
158	158	5.30 (e) Before a school district can adopt the use of ranked choice voting for an election not
159	159	5.31held in conjunction with a statewide election, the district must first enter into a conditional
160	160	5Sec. 6.
161	161	25-03871 as introduced02/13/25 REVISOR JFK/VJ 6.1agreement with the city or cities within the district's boundaries responsible for administering
162	162	6.2any elections conducted not in conjunction with a statewide election.
163	163	6.3 (f) A home rule charter jurisdiction that adopts a ranked choice voting system in its
164	164	6.4charter may adopt this chapter by reference in an ordinance but is not required to do so.
165	165	6.5 (g) Ranked choice voting must only be used to elect local offices at a general or special
166	166	6.6election.
167	167	6.7 (h) A jurisdiction that adopts the use of ranked choice voting in local elections must do
168	168	6.8so no later than 20 weeks before the state primary or 90 days before the first day for filing
169	169	6.9affidavits of candidacy for the office for which ranked choice voting is to be used as the
170	170	6.10method of election if the election is not held in conjunction with a state primary or state
171	171	6.11general election.
172	172	6.12 (i) Repeal of ranked choice voting must be no later than 90 days before the first day for
173	173	6.13filing affidavits of candidacy for offices for which ranked choice voting is used as the method
174	174	6.14of election.
175	175	6.15 (j) The ranked choice voting local election official must notify the secretary of state and,
176	176	6.16if applicable, the county auditor within four weeks following adoption or repeal of ranked
177	177	6.17choice voting.
178	178	6.18 Sec. 7. [204E.04] BALLOTS IN LOCAL RANKED CHOICE VOTING ELECTIONS.
179	179	6.19 Subdivision 1.Ballot format.(a) If there are three or more qualified candidates, a ballot
180	180	6.20must allow a voter to rank three candidates for each office in order of preference and must
181	181	6.21also allow the voter to add write-in candidates.
182	182	6.22 (b) A ballot must:
183	183	6.23 (1) include instructions to voters that clearly indicate how to mark the ballot;
184	184	6.24 (2) include instructions to voters that clearly indicate how to rank candidates in order
185	185	6.25of the voter's preference; and
186	186	6.26 (3) indicate the number of seats to be elected for each office.
187	187	6.27 Subd. 2.Mixed-election method ballots.If elections are held in which ranked choice
188	188	6.28voting is used in addition to other methods of voting, the ranked choice voting and nonranked
189	189	6.29choice voting elections must be on the same ballot card if possible, with ranked choice
190	190	6.30voting and nonranked choice voting portions clearly separated. A jurisdiction may not
191	191	6.31deviate from the standard ballot order of federal offices, state offices, or state constitutional
192	192	6Sec. 7.
193	193	25-03871 as introduced02/13/25 REVISOR JFK/VJ 7.1amendments, but may deviate from the standard ballot order for other offices to allow
194	194	7.2separation of ranked choice voting and nonranked choice voting elections.
195	195	7.3 Subd. 3.Ballot format rules.The secretary of state must adopt rules regarding ranked
196	196	7.4choice voting ballot format, consistent with this section. Notwithstanding section 204B.36,
197	197	7.5the rules adopted under this subdivision may provide a standard for ballot format that differs
198	198	7.6from the standards required by that section.
199	199	7.7 Sec. 8. [204E.05] LOCAL RANKED CHOICE VOTING TABULATION CENTER.
200	200	7.8 Subdivision 1.Tabulation of votes; generally.The ranked choice voting local election
201	201	7.9official must designate one location to serve as the ranked choice voting tabulation center.
202	202	7.10If the tabulation includes a manual count of physical ballots, the center must be accessible
203	203	7.11to the public for the purpose of observing the vote tabulation. Tabulation of votes must be
204	204	7.12conducted as described in sections 204E.06 and 204E.07.
205	205	7.13 Subd. 2.Precinct tabulation.In an election where ranked choice voting is used, the
206	206	7.14county auditor, municipal clerk, or school district clerk shall deliver one set of summary
207	207	7.15statements, all spoiled ballots, and the envelopes containing the ballots to the ranked choice
208	208	7.16voting tabulation center as soon as possible after the vote counting is completed and the
209	209	7.17election judges have returned materials pursuant to section 204C.27.
210	210	7.18 Subd. 3.Notice of recess in count.At any time following receipt of materials under
211	211	7.19subdivision 2, the ranked choice voting local election official may declare a recess. Notice
212	212	7.20of the recess must include the date, time, and location at which the process of recording and
213	213	7.21tabulating votes will resume and the reason for the recess. Notice must be posted on the
214	214	7.22local jurisdiction's official bulletin board and on the door of the ranked choice voting
215	215	7.23tabulation center. During any recess, all electronic voting data and ballots must be secured.
216	216	7.24 Subd. 4.Recording write-in votes.(a) At a time set by the ranked choice voting local
217	217	7.25election official, the judges and any other election officials designated by the ranked choice
218	218	7.26voting local election official shall convene at the ranked choice voting tabulation center to
219	219	7.27examine ballots on which voters have indicated a write-in choice and record the names and
220	220	7.28number of votes received by each write-in candidate who submits a request as required by
221	221	7.29this subdivision. The number of votes received by write-in candidates who did not file a
222	222	7.30request as provided in this subdivision must be recorded as a group by office.
223	223	7.31 (b) Notwithstanding section 204B.09, subdivision 3, a candidate for a city or school
224	224	7.32district office whose election is governed by this chapter and who wants write-in votes for
225	225	7.33the candidate to be counted must file a written request with the filing officer not more than
226	226	7Sec. 8.
227	227	25-03871 as introduced02/13/25 REVISOR JFK/VJ 8.1seven days before the election. The filing officer shall provide copies of the form to make
228	228	8.2the request. The filing officer shall not accept a written request later than 5:00 p.m. on the
229	229	8.3last day for filing a written request.
230	230	8.4 Subd. 5.Ranked choice vote tabulation.After all votes have been recorded, and at a
231	231	8.5time set by the ranked choice voting local election official, the process of tabulating votes
232	232	8.6cast for offices to be elected using the ranked choice method must begin. The counting must
233	233	8.7continue until preliminary results for all races are determined, subject to subdivision 3.
234	234	8.8 Sec. 9. [204E.06] TABULATION OF VOTES; SINGLE-SEAT LOCAL RANKED
235	235	8.9CHOICE VOTING ELECTIONS.
236	236	8.10 (a) This section applies to a ranked choice voting election in which one seat in an office
237	237	8.11is to be filled from a single set of candidates on the ballot. The method of tabulating ranked
238	238	8.12choice votes for single-seat elections as described in this section must be known as the
239	239	8.13"single-seat single transferable vote" method of tabulation.
240	240	8.14 (b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
241	241	8.15as described in paragraph (c). A first ranked choice tabulation will consist of a first round
242	242	8.16only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
243	243	8.17votes marked number one. The maximum possible threshold must be determined. If the
244	244	8.18vote total for a candidate, other than an undeclared or a declared write-in candidate, is equal
245	245	8.19to or greater than the maximum possible threshold, that candidate is declared elected and
246	246	8.20the tabulation is complete. If the vote total for no candidate, other than an undeclared or a
247	247	8.21declared write-in candidate, is equal to or greater than the maximum possible threshold,
248	248	8.22additional rounds must be performed as provided in paragraph (c).
249	249	8.23 (c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
250	250	8.24rounds for each office to be counted. The threshold must be calculated. The sum of all
251	251	8.25ranked choice votes for every candidate must be calculated. Each round must proceed
252	252	8.26sequentially as follows:
253	253	8.27 (1) the number of votes cast for each candidate, as indicated by the highest continuing
254	254	8.28ranking on each ballot, must be counted. If a candidate, other than an undeclared write-in
255	255	8.29candidate, has a vote total that is equal to or greater than the threshold, that candidate is
256	256	8.30declared elected and the tabulation is complete. If no candidate, other than an undeclared
257	257	8.31write-in candidate, has a vote total that is equal to or greater than the threshold, a new round
258	258	8.32begins and the tabulation must continue as described in clause (2);
259	259	8Sec. 9.
260	260	25-03871 as introduced02/13/25 REVISOR JFK/VJ 9.1 (2) at the beginning of the second round only, all undeclared candidates must be defeated
261	261	9.2and all candidates for whom it is mathematically impossible to be elected may be defeated
262	262	9.3simultaneously. For third and subsequent rounds, the candidate with the fewest votes must
263	263	9.4be defeated and all candidates for whom it is mathematically impossible to be elected may
264	264	9.5be defeated simultaneously. Votes for the defeated candidates must be transferred to each
265	265	9.6ballot's next-ranked continuing candidate, except votes for candidates defeated in the final
266	266	9.7round are not transferred if, by their defeat, the number of continuing candidates is reduced
267	267	9.8to one. If no candidate can be defeated under this clause, the tabulation must continue as
268	268	9.9described in clause (3). Otherwise, the tabulation must continue as described in clause (4);
269	269	9.10 (3) ties between candidates with the fewest votes must be resolved by lot by the ranked
270	270	9.11choice voting local election official. The candidate chosen by lot must be defeated. The
271	271	9.12result of the tie resolution must be recorded and reused in the event of a recount;
272	272	9.13 (4) the procedures in clauses (1) to (3) must be repeated until one candidate reaches the
273	273	9.14threshold. When only one continuing candidate remains, that continuing candidate must be
274	274	9.15elected; and
275	275	9.16 (5) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
276	276	9.17ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
277	277	9.18ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
278	278	9.19no further continuing candidates are ranked on that ballot, or because the only votes for
279	279	9.20further continuing candidates that are ranked on that ballot are either overvotes or repeat
280	280	9.21candidate rankings, the ballot shall not count toward any candidate in that round or in
281	281	9.22subsequent rounds for the office being counted.
282	282	9.23 Sec. 10. [204E.07] TABULATION OF VOTES; MULTIPLE-SEAT LOCAL RANKED
283	283	9.24CHOICE VOTING ELECTIONS.
284	284	9.25 (a) This section applies to a ranked choice voting election in which two or more seats
285	285	9.26in office are to be filled from a single set of candidates on the ballot. The method of tabulating
286	286	9.27ranked choice votes for multiple-seat elections as described in this section must be known
287	287	9.28as the "multiple-seat single transferable vote" method of tabulation.
288	288	9.29 (b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
289	289	9.30as described in paragraph (c). A first ranked choice tabulation will consist of a first round
290	290	9.31only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
291	291	9.32votes marked number one. The maximum possible threshold must be determined. If the
292	292	9.33number of candidates, other than any undeclared or declared write-in candidate, whose vote
293	293	9.34total is equal to or greater than the maximum possible threshold is equal to the number of
294	294	9Sec. 10.
295	295	25-03871 as introduced02/13/25 REVISOR JFK/VJ 10.1seats to be filled, those candidates are declared elected and the tabulation is complete. If
296	296	10.2the number of candidates, other than any undeclared or declared write-in candidate, whose
297	297	10.3vote total is equal to or greater than the maximum possible threshold is less than the number
298	298	10.4of seats to be filled, additional rounds must be performed as provided in paragraph (c).
299	299	10.5 (c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
300	300	10.6rounds for each office to be counted. The threshold must be calculated. The sum of all
301	301	10.7ranked choice votes for every candidate must be calculated. Each round must proceed
302	302	10.8sequentially as follows:
303	303	10.9 (1) the number of votes cast for each candidate for the current round must be counted.
304	304	10.10If the number of candidates, other than any undeclared write-in candidate, whose vote total
305	305	10.11is equal to or greater than the threshold is equal to the number of seats to be filled, those
306	306	10.12candidates who are continuing candidates are elected and the tabulation is complete. If the
307	307	10.13number of candidates, other than any undeclared write-in candidate, whose vote total is
308	308	10.14equal to or greater than the threshold is not equal to the number of seats to be filled, a new
309	309	10.15round begins and the tabulation must continue as described in clause (2);
310	310	10.16 (2) surplus votes for any candidates whose vote total is equal to or greater than the
311	311	10.17threshold must be calculated;
312	312	10.18 (3) the candidate with the largest surplus is declared elected and that candidate's surplus
313	313	10.19is transferred. A tie between two or more candidates must be resolved by lot by the ranked
314	314	10.20choice voting local election official. The surplus of the candidate chosen by lot must be
315	315	10.21transferred before other transfers are made. The result of the tie resolution must be recorded
316	316	10.22and reused in the event of a recount. The transfer value of each vote cast for an elected
317	317	10.23candidate must be transferred to the next continuing candidate on that ballot. If no candidate
318	318	10.24has a surplus, the tabulation must continue as described in clause (4). Otherwise, the
319	319	10.25tabulation must continue as described in clause (1);
320	320	10.26 (4) if there are no transferable surplus votes, the candidate with the fewest votes is
321	321	10.27defeated. Votes for a defeated candidate are transferred at their transfer value to each ballot's
322	322	10.28next-ranked continuing candidate, except votes for candidates defeated in the final round
323	323	10.29are not transferred if, by their defeat, the number of continuing candidates is reduced to the
324	324	10.30number of seats yet to be filled. Ties between candidates with the fewest votes must be
325	325	10.31resolved by lot by the ranked choice voting local election official, and the candidate chosen
326	326	10.32by lot must be defeated. The result of the tie resolution must be recorded and reused in the
327	327	10.33event of a recount;
328	328	10Sec. 10.
329	329	25-03871 as introduced02/13/25 REVISOR JFK/VJ 11.1 (5) the procedures in clauses (1) to (4) must be repeated until the number of candidates
330	330	11.2whose vote total is equal to or greater than the threshold is equal to the number of seats to
331	331	11.3be filled, or until the number of continuing candidates is equal to the number of seats yet
332	332	11.4to be filled. If the number of continuing candidates is equal to the number of seats yet to be
333	333	11.5filled, any remaining continuing candidates must be declared elected; and
334	334	11.6 (6) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
335	335	11.7ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
336	336	11.8ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
337	337	11.9no further continuing candidates are ranked on that ballot, or because the only votes for
338	338	11.10further continuing candidates that are ranked on that ballot are either overvotes or repeat
339	339	11.11candidate rankings, the ballot shall not count toward any candidate in that round or in
340	340	11.12subsequent rounds for the office being counted.
341	341	11.13Sec. 11. [204E.08] LOCAL RANKED CHOICE VOTING ELECTIONS;
342	342	11.14REPORTING RESULTS.
343	343	11.15 (a) In addition to the requirements of section 204C.24, each precinct must print an
344	344	11.16additional precinct summary statement, which must include the number of first choices cast
345	345	11.17for each candidate in that precinct.
346	346	11.18 (b) The ranked choice voting local election official must provide a tabulation summary
347	347	11.19statement of each contest with the following information:
348	348	11.20 (1) total votes cast;
349	349	11.21 (2) number of undervotes;
350	350	11.22 (3) number of totally defective and spoiled ballots;
351	351	11.23 (4) threshold calculation;
352	352	11.24 (5) total first choice rankings for all candidates;
353	353	11.25 (6) round-by-round tabulation results, including simultaneous batch eliminations, surplus
354	354	11.26transfers if applicable, and defeated candidate transfers; and
355	355	11.27 (7) inactive ballots at each round.
356	356	11.28 (c) In jurisdictions where ballots are scanned and recorded electronically, the ranked
357	357	11.29choice voting local election official must provide an electronically available spreadsheet of
358	358	11.30the cast vote record, consistent with the requirements of section 206.845.
359	359	11Sec. 11.
360	360	25-03871 as introduced02/13/25 REVISOR JFK/VJ 12.1 (d) The jurisdiction must canvass the election returns pursuant to applicable state statutes
361	361	12.2for the election being held, and the canvassing board report must include the information
362	362	12.3required in the ranked choice voting tabulation center summary statement, with the addition
363	363	12.4of the number of persons registered to vote before election day by precinct, the number of
364	364	12.5persons registered on election day by precinct, and the number of accepted regular, military,
365	365	12.6and overseas absentee ballots and mail ballots. If the election is held in conjunction with a
366	366	12.7state general election, the canvass report must also include the number of federal office only
367	367	12.8absentee ballots and, if applicable, the number of presidential absentee ballots.
368	368	12.9 Sec. 12. [204E.09] LOCAL RANKED CHOICE ELECTION RECOUNTS.
369	369	12.10 (a) A candidate defeated in the final round of tabulation may request a recount as provided
370	370	12.11in section 204C.361, to the extent applicable. For the purpose of ranked choice voting
371	371	12.12recounts, the ranked choice voting local election official is the recount official and the filing
372	372	12.13officer.
373	373	12.14 (b) A candidate defeated in the final round of tabulation when the vote difference is
374	374	12.15greater than that provided in section 204C.36 may request a recount at the candidate's own
375	375	12.16expense. A candidate defeated in an earlier round of tabulation may request a recount at the
376	376	12.17candidate's own expense. The candidate is responsible for all expenses associated with the
377	377	12.18recount, regardless of the vote difference between the candidates in the round in which the
378	378	12.19requesting candidate was defeated. The requesting candidate shall file with the filing officer
379	379	12.20a bond, cash, or surety in an amount set by the filing officer for the payment of the recount
380	380	12.21expenses. Expenses must be determined as provided in section 204C.36, subdivision 4.
381	381	12.22 (c) The secretary of state must adopt rules governing recounts conducted under this
382	382	12.23section.
383	383	12.24 (d) At the discretion of the recount official, in the case of a recount under paragraph (a)
384	384	12.25or (b) or by the requesting candidates, a recount may commence with the earliest tabulation
385	385	12.26round in which any requesting candidate was defeated or any prior round. All other candidates
386	386	12.27who, in the initial tabulation, were defeated prior to the round in which the recount starts
387	387	12.28may be presumed to have been correctly defeated.
388	388	12.29Sec. 13. [204E.10] LOCAL RANKED CHOICE ELECTIONS; POSTELECTION
389	389	12.30REVIEW.
390	390	12.31 Subdivision 1.Selection of test date; notice.At the canvass, the ranked choice voting
391	391	12.32local election official must select by lot the offices and precincts to be reviewed and set the
392	392	12Sec. 13.
393	393	25-03871 as introduced02/13/25 REVISOR JFK/VJ 13.1date, time, and place for the postelection review, in accordance with section 206.89.
394	394	13.2Postelection review is not required for a hand count election.
395	395	13.3 Subd. 2.Scope and conduct of test.The postelection review must be conducted in
396	396	13.4public and must review a sample of ballots cast for at least one single-seat ranked choice
397	397	13.5voting election and at least one multiple-seat election, if such an election occurred.
398	398	13.6 Subd. 3.Review.(a) For each office to be reviewed, the number of precincts selected
399	399	13.7for review shall be determined as follows: if the office was voted on in fewer than five
400	400	13.8precincts, one precinct shall be selected; if the office was voted on in at least five precincts
401	401	13.9and fewer than 50 precincts, two precincts shall be selected; if the office was voted on in
402	402	13.10at least 50 precincts and fewer than 100 precincts, three precincts shall be selected; and if
403	403	13.11the office was voted on in at least 100 precincts, four precincts or three percent of the total
404	404	13.12number of precincts in the election shall be selected, whichever is greater.
405	405	13.13 (b) For each office voted on in a county election, the ranked choice voting local election
406	406	13.14official may select precincts as specified in paragraph (a) or use the precincts selected in
407	407	13.15accordance with section 206.89.
408	408	13.16 (c) Using the actual ballots cast in each precinct selected, the judges of the election shall
409	409	13.17conduct a hand-count tabulation of how many ballots contain each combination of candidates
410	410	13.18across the rankings. All undeclared write-in candidates shall be considered as a group in
411	411	13.19this hand count, and blank or overvoted rankings shall be included as such in the tabulated
412	412	13.20combinations.
413	413	13.21 Subd. 4.Standard of acceptable performance by voting system.A comparison of the
414	414	13.22results compiled by the voting system with the cast vote records compiled by the judges of
415	415	13.23the election performing the hand count must show that the results of the electronic voting
416	416	13.24system differed by no more than the applicable threshold provided in section 206.89,
417	417	13.25subdivision 4, from the hand count of the sample tested. Valid votes that have been marked
418	418	13.26by the voter outside the vote targets or using a manual marking device that cannot be read
419	419	13.27by the voting system must not be included in making the determination whether the voting
420	420	13.28system has met the standard of acceptable performance.
421	421	13.29 Subd. 5.Additional review if needed.An additional review is required if:
422	422	13.30 (1) a test reveals a difference greater than the threshold provided in section 206.89,
423	423	13.31subdivision 4, in at least one precinct of an office, the ranked choice voting local election
424	424	13.32official must immediately, publicly select by lot two additional precincts of the same office
425	425	13.33for review. The additional precinct review must be completed within two days after the
426	426	13.34precincts are selected and the results immediately reported to the county auditor; and
427	427	13Sec. 13.
428	428	25-03871 as introduced02/13/25 REVISOR JFK/VJ 14.1 (2) the additional precinct review indicates a difference in the vote totals that is greater
429	429	14.2than the applicable threshold, as provided by section 206.89, subdivision 4, in at least one
430	430	14.3additional precinct of an office, the ranked choice voting local election official must conduct
431	431	14.4a review of the ballots from all the remaining precincts in the office being reviewed.
432	432	14.5This review must be completed no later than two weeks after the canvass.
433	433	14.6 Subd. 6.Report of results.Upon completion of the postelection review, the ranked
434	434	14.7choice voting local election official must immediately report the results to the county auditor
435	435	14.8and make the results available to the public.
436	436	14.9 Subd. 7.Update of vote totals.If the postelection review under this section results in
437	437	14.10a change in the number of votes counted for any candidate, the revised vote totals must be
438	438	14.11incorporated in the official result from those precincts.
439	439	14.12 Subd. 8.Effect on voting systems.If a voting system is found to have failed to record
440	440	14.13votes accurately and in the manner provided by this chapter, the voting system must not be
441	441	14.14used at another election until it has been approved for use by the county auditor, pursuant
442	442	14.15to section 206.58. In addition, the county auditor may order the city to conduct a hand
443	443	14.16recount of all ballots cast in the election.
444	444	14.17Sec. 14. [204E.11] RULES; LOCAL OPTION RANKED CHOICE VOTING.
445	445	14.18 The secretary of state must adopt rules necessary to implement the requirements and
446	446	14.19procedures established by this chapter.
447	447	14.20Sec. 15. Minnesota Statutes 2024, section 205.13, subdivision 2, is amended to read:
448	448	14.21 Subd. 2.Notice of filing dates.At least two weeks before the first day to file affidavits
449	449	14.22of candidacy, the municipal clerk shall publish a notice stating the first and last dates on
450	450	14.23which affidavits of candidacy may be filed in the clerk's office and the closing time for
451	451	14.24filing on the last day for filing. The clerk shall post a similar notice at least ten days before
452	452	14.25the first day to file affidavits of candidacy. If ranked choice voting pursuant to chapter 204E
453	453	14.26is to be used, the notice must indicate the method of election to be used for the offices on
454	454	14.27the ballot. The notice must separately list any office for which affidavits of candidacy may
455	455	14.28be filed to fill the unexpired portion of a term when a special election is being held to fill a
456	456	14.29vacancy as provided in section 412.02, subdivision 2a.
457	457	14Sec. 15.
458	458	25-03871 as introduced02/13/25 REVISOR JFK/VJ 15.1 Sec. 16. Minnesota Statutes 2024, section 206.57, is amended by adding a subdivision to
459	459	15.2read:
460	460	15.3 Subd. 6a.Required certification for ranked choice voting.In addition to the
461	461	15.4requirements of this section, a voting system used to administer ranked choice voting under
462	462	15.5chapter 204E must provide a test lab report from a voting system test lab accredited by the
463	463	15.6Election Assistance Commission or other appropriate federal agency responsible for testing
464	464	15.7and certification of compliance with the federal voting systems guidelines at the time of
465	465	15.8submission of the application required by subdivision 1. The test lab report must show that
466	466	15.9the system is in conformity with voluntary voting system guidelines issued by the Election
467	467	15.10Assistance Commission or other appropriate federal agency.
468	468	15.11Sec. 17. [206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.
469	469	15.12 A voting system purchased for use in Minnesota to administer ranked choice voting on
470	470	15.13or after the effective date of this section must have the ability to:
471	471	15.14 (1) capture, store, and publicly report ballot data;
472	472	15.15 (2) to the extent practicable, produce a single human-readable file for each contest on
473	473	15.16the ballot containing all cast vote records captured for that contest;
474	474	15.17 (3) keep data anonymous;
475	475	15.18 (4) accept ranked or cumulative voting data under a variety of tabulation rules;
476	476	15.19 (5) be programmable to follow all other specifications of the ranked choice voting system
477	477	15.20or be compatible with automatic tabulating equipment or a software reallocation feature;
478	478	15.21 (6) provide a minimum of three rankings for ranked choice voting elections;
479	479	15.22 (7) to the extent practicable, notify voters of the following errors: overvotes, skipped
480	480	15.23rankings, and repeat candidate rankings in a ranked choice voting election; and
481	481	15.24 (8) be programmable to print a zero tape indicating all rankings for all candidates in a
482	482	15.25ranked choice voting election.
483	483	15.26 EFFECTIVE DATE.This section is effective upon certification by the secretary of
484	484	15.27state that equipment meeting the standards required by this section is available for purchase
485	485	15.28and implementation. The secretary of state must notify the revisor of statutes when this
486	486	15.29certification is made.
487	487	15Sec. 17.
488	488	25-03871 as introduced02/13/25 REVISOR JFK/VJ 16.1 Sec. 18. Minnesota Statutes 2024, section 206.83, is amended to read:
489	489	16.2 206.83 TESTING OF VOTING SYSTEMS.
490	490	16.3 (a) At least three days before voting equipment is used, the official in charge of elections
491	491	16.4shall have the voting system tested to ascertain that the system will correctly mark ballots
492	492	16.5using all methods supported by the system, including ranked choice voting if applicable,
493	493	16.6and through assistive technology, and count the votes cast for all candidates and on all
494	494	16.7questions. Public notice of the time and place of the test must be given at least two days in
495	495	16.8advance by publication once in official newspapers. The test must be observed by at least
496	496	16.9two election judges, who are not of the same major political party, and must be open to
497	497	16.10representatives of the political parties, candidates, the press, and the public. The test must
498	498	16.11be conducted by (1) processing a preaudited group of ballots punched or marked to record
499	499	16.12a predetermined number of valid votes for each candidate and on each question, and must
500	500	16.13include for each office one or more ballot cards which have votes in excess of the number
501	501	16.14allowed by law in order to test the ability of the voting system tabulator and electronic ballot
502	502	16.15marker to reject those votes; and (2) processing an additional test deck of ballots marked
503	503	16.16using the electronic ballot marker for the precinct, including ballots marked using the
504	504	16.17electronic ballot display, audio ballot reader, and any assistive voting technology used with
505	505	16.18the electronic ballot marker. If an election is to be conducted using ranked choice voting,
506	506	16.19the equipment must also be tested to ensure that each ranking for each candidate is recorded
507	507	16.20properly.
508	508	16.21 (b) If any error is detected, the cause must be ascertained and corrected and an errorless
509	509	16.22count must be made before the voting system may be used in the election.
510	510	16.23 (c) After the completion of the test, the programs used and ballot cards must be sealed,
511	511	16.24retained, and disposed of as provided for paper ballots.
512	512	16.25Sec. 19. APPROPRIATION.
513	513	16.26 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
514	514	16.27fund to the secretary of state for costs associated with implementation of this act.
515	515	16Sec. 19.
516	516	25-03871 as introduced02/13/25 REVISOR JFK/VJ