1.1 A bill for an act
1.2 relating to elections; requiring ballot board activity to be livestreamed; requiring
1.3 the commissioner of information technology services to provide livestreaming
1.4 services and retain data; classifying data; appropriating money; amending
1.5 Minnesota Statutes 2024, section 203B.121, by adding a subdivision; proposing
1.6 coding for new law in Minnesota Statutes, chapter 203B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 203B.121, is amended by adding a subdivision
1.9to read:
1.10 Subd. 6.Livestreaming.(a) The county auditor, municipal clerk, or school district clerk
1.11must ensure that all ballot board activity is livestreamed as provided in this subdivision and
1.12section 203B.155. This requirement applies during the absentee voting period, on election
1.13day, and on the day following the election day if absentee ballots are being processed. At
1.14a minimum, the following activities must be recorded:
1.15 (1) examining envelopes and accepting or rejecting envelopes as required under
1.16subdivision 2;
1.17 (2) opening envelopes and duplicating ballots, if necessary, as required under subdivision
1.184;
1.19 (3) depositing absentee ballots into a ballot box as required under subdivision 5, paragraph
1.20(a); and
1.21 (4) counting and tabulating the ballots as required under subdivision 5, paragraph (b).
1.22 (b) The county auditor, municipal clerk, or school district clerk must position one or
1.23more cameras to record the following:
1Section 1.
25-02225 as introduced02/17/25 REVISOR JFK/AD
SENATE
STATE OF MINNESOTA
S.F. No. 2491NINETY-FOURTH SESSION
(SENATE AUTHORS: KORAN, Bahr, Mathews and Lucero)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/13/2025
Referred to Elections 2.1 (1) the ballot board members performing the activities described in paragraph (a);
2.2 (2) all ballots in the room where the activities in paragraph (a) are taking place; and
2.3 (3) all doors in the room where the activities in paragraph (a) are taking place.
2.4To the extent possible while complying with clauses (1) to (3), the cameras must be
2.5positioned so as to avoid recording private data included on absentee ballot envelopes or
2.6other documents.
2.7 EFFECTIVE DATE.This section is effective September 1, 2025, and applies to
2.8elections conducted on or after that date.
2.9 Sec. 2. [203B.155] LIVESTREAMING REQUIREMENTS.
2.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
2.11the meanings given.
2.12 (b) "Commissioner" means the commissioner of information technology services.
2.13 (c) "Department" means the Department of Information Technology Services.
2.14 Subd. 2.Livestreaming.(a) Where livestreaming is required by section 203B.121, the
2.15commissioner must ensure the livestream is available on the department's website in a
2.16manner that allows members of the public to easily access and view the livestream. The
2.17commissioner must record all livestreamed video and retain the recording for at least 22
2.18months after the date of the recording. Notwithstanding chapter 13 or any other law to the
2.19contrary, the county auditor, city clerk, or school board clerk is not required to maintain
2.20any livestreamed or recorded data or provide access to the data. The commissioner must
2.21not charge any fee to the public or to the county, municipality, or school district for providing
2.22this service.
2.23 (b) The secretary of state must include information on the office's website on how to
2.24find and access videos on the department's website. Each county auditor, municipal clerk,
2.25and school district clerk must post the same information on their respective local
2.26government's website, if there is one.
2.27 Subd. 3.Data.The commissioner must retain video recordings of livestreamed activities
2.28required in section 203B.121, as provided by this section. The recordings are public data,
2.29except that the commissioner may obscure private data on individuals that is visible on a
2.30recording.
2.31 Subd. 4.Livestream disruptions.If a livestream is disrupted or disabled, the
2.32commissioner, county auditor, municipal clerk, or school district clerk is not liable if the
2Sec. 2.
25-02225 as introduced02/17/25 REVISOR JFK/AD 3.1disruption is due to a cause outside of the control of the commissioner, county auditor,
3.2municipal clerk, or school district clerk. If there is a disruption, the commissioner must
3.3work with the county auditor, municipal clerk, or school district clerk to reinstate video
3.4coverage as soon as possible. If appointed ballot board observers are present and there is a
3.5disruption in livestreaming, the activities of the ballot board may continue. If appointed
3.6ballot board observers are not present and there is a disruption in livestreaming, the ballot
3.7board must stop all activities until one of the following occurs:
3.8 (1) the livestream is reinstated;
3.9 (2) ballot board observers are present; or
3.10 (3) the county auditor, municipal clerk, or school district clerk arranges the activities to
3.11be recorded in a manner that substantially complies with the requirements of this section
3.12and section 203B.121, subdivision 6.
3.13Within 24 hours of the livestream being reinstated, the county auditor, municipal clerk, or
3.14school district clerk must transmit any recordings made pursuant to clause (3) to the
3.15commissioner to be posted on the department's website.
3.16 EFFECTIVE DATE.This section is effective September 1, 2025, and applies to
3.17elections conducted on or after that date.
3.18 Sec. 3. APPROPRIATION.
3.19 $....... in fiscal year 2026 is appropriated to the commissioner of information technology
3.20services to implement the requirements of this act. The base for this appropriation in fiscal
3.21year 2027 and each fiscal year thereafter is $........
3Sec. 3.
25-02225 as introduced02/17/25 REVISOR JFK/AD