| 1 | 1 | | 1.1 A bill for an act |
|---|
| 2 | 2 | | 1.2 relating to elections; modifying requirements related to the return of absentee |
|---|
| 3 | 3 | | 1.3 ballots on election day; modifying the absentee voting period for certain voters; |
|---|
| 4 | 4 | | 1.4 amending Minnesota Statutes 2024, sections 203B.06, subdivision 3; 203B.08, |
|---|
| 5 | 5 | | 1.5 subdivision 1; 203B.081, subdivisions 1, 4; 203B.21, subdivision 2; 204B.13, |
|---|
| 6 | 6 | | 1.6 subdivision 8; 204B.35, subdivision 4; 204B.45, subdivision 2; 204C.28, by adding |
|---|
| 7 | 7 | | 1.7 a subdivision; 204D.09, subdivision 2; 204D.16. |
|---|
| 8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 9 | 9 | | 1.9 Section 1. Minnesota Statutes 2024, section 203B.06, subdivision 3, is amended to read: |
|---|
| 10 | 10 | | 1.10 Subd. 3.Delivery of ballots.(a) The county auditor, municipal clerk, school district |
|---|
| 11 | 11 | | 1.11clerk, or full-time clerk of any city or town administering an election pursuant to section |
|---|
| 12 | 12 | | 1.12203B.05, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant |
|---|
| 13 | 13 | | 1.13to section 203B.04, subdivision 5, on the following timelines: |
|---|
| 14 | 14 | | 1.14 (1) except as otherwise provided by this section and section 203B.21, subdivision 2, at |
|---|
| 15 | 15 | | 1.15least 46 28 days before each regularly scheduled primary and general election and each |
|---|
| 16 | 16 | | 1.16special primary and special election; |
|---|
| 17 | 17 | | 1.17 (2) as soon as practicable for a special election held pursuant to section 204D.19, |
|---|
| 18 | 18 | | 1.18subdivisions 2 and 3; and |
|---|
| 19 | 19 | | 1.19 (3) at least 30 28 days before a town general election held in March. |
|---|
| 20 | 20 | | 1.20 (b) The commissioner of corrections must provide the secretary of state with a list of |
|---|
| 21 | 21 | | 1.21the names and mailing addresses of state adult correctional facilities. An application for an |
|---|
| 22 | 22 | | 1.22absentee ballot that provides an address included on the list provided by the commissioner |
|---|
| 23 | 23 | | 1.23of corrections must not be accepted and an absentee ballot must not be provided to the |
|---|
| 24 | 24 | | 1Section 1. |
|---|
| 25 | 25 | | 25-03864 as introduced02/13/25 REVISOR JFK/HL |
|---|
| 26 | 26 | | SENATE |
|---|
| 27 | 27 | | STATE OF MINNESOTA |
|---|
| 28 | 28 | | S.F. No. 2493NINETY-FOURTH SESSION |
|---|
| 29 | 29 | | (SENATE AUTHORS: KORAN, Bahr and Lucero) |
|---|
| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
|---|
| 31 | 31 | | Introduction and first reading03/13/2025 |
|---|
| 32 | 32 | | Referred to Elections 2.1applicant. The county auditor or municipal clerk must promptly transmit a copy of the |
|---|
| 33 | 33 | | 2.2application to the county attorney. The Department of Corrections must implement procedures |
|---|
| 34 | 34 | | 2.3to ensure that absentee ballots issued under this chapter are not received or mailed by |
|---|
| 35 | 35 | | 2.4offenders incarcerated at state adult correctional facilities. |
|---|
| 36 | 36 | | 2.5 (c) If an application for absentee ballots is accepted at a time when absentee ballots are |
|---|
| 37 | 37 | | 2.6not yet available for distribution, the county auditor, or municipal clerk accepting the |
|---|
| 38 | 38 | | 2.7application shall file it and as soon as absentee ballots are available for distribution shall |
|---|
| 39 | 39 | | 2.8mail them to the address specified in the application. If an application for absentee ballots |
|---|
| 40 | 40 | | 2.9is accepted when absentee ballots are available for distribution, the county auditor or |
|---|
| 41 | 41 | | 2.10municipal clerk accepting the application shall promptly: |
|---|
| 42 | 42 | | 2.11 (1) mail the ballots to the voter whose signature appears on the application if the |
|---|
| 43 | 43 | | 2.12application is submitted by mail and does not request commercial shipping under clause |
|---|
| 44 | 44 | | 2.13(2); |
|---|
| 45 | 45 | | 2.14 (2) ship the ballots to the voter using a commercial shipper requested by the voter at the |
|---|
| 46 | 46 | | 2.15voter's expense; |
|---|
| 47 | 47 | | 2.16 (3) deliver the absentee ballots directly to the voter if the application is submitted in |
|---|
| 48 | 48 | | 2.17person; or |
|---|
| 49 | 49 | | 2.18 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been |
|---|
| 50 | 50 | | 2.19designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter |
|---|
| 51 | 51 | | 2.20who would have difficulty getting to the polls because of incapacitating health reasons, or |
|---|
| 52 | 52 | | 2.21who is disabled, or who is a patient in a health care facility, a resident of an assisted living |
|---|
| 53 | 53 | | 2.22facility licensed under chapter 144G, a participant in a residential program for adults licensed |
|---|
| 54 | 54 | | 2.23under section 245A.02, subdivision 14, or a resident of a shelter for battered women as |
|---|
| 55 | 55 | | 2.24defined in section 611A.37, subdivision 4. |
|---|
| 56 | 56 | | 2.25 (d) If an application does not indicate the election for which absentee ballots are sought, |
|---|
| 57 | 57 | | 2.26the county auditor or municipal clerk shall mail or deliver only the ballots for the next |
|---|
| 58 | 58 | | 2.27election occurring after receipt of the application. Only one set of ballots may be mailed, |
|---|
| 59 | 59 | | 2.28shipped, or delivered to an applicant for any election, except as provided in section 203B.121, |
|---|
| 60 | 60 | | 2.29subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that |
|---|
| 61 | 61 | | 2.30has been spoiled or lost in transit. |
|---|
| 62 | 62 | | 2.31 Sec. 2. Minnesota Statutes 2024, section 203B.08, subdivision 1, is amended to read: |
|---|
| 63 | 63 | | 2.32 Subdivision 1.Marking and return by voter.(a) An eligible voter who receives absentee |
|---|
| 64 | 64 | | 2.33ballots as provided in this chapter shall mark them in the manner specified in the directions |
|---|
| 65 | 65 | | 2Sec. 2. |
|---|
| 66 | 66 | | 25-03864 as introduced02/13/25 REVISOR JFK/HL 3.1for casting the absentee ballots. The return envelope containing marked ballots may be |
|---|
| 67 | 67 | | 3.2mailed as provided in the directions for casting the absentee ballots, may be left with the |
|---|
| 68 | 68 | | 3.3county auditor or municipal clerk who transmitted the absentee ballots to the voter, or may |
|---|
| 69 | 69 | | 3.4be left in a drop box as provided in section 203B.082. If delivered in person, the return |
|---|
| 70 | 70 | | 3.5envelope must be submitted to the county auditor or municipal clerk by 8:00 p.m. 3:00 p.m. |
|---|
| 71 | 71 | | 3.6on election day. |
|---|
| 72 | 72 | | 3.7 (b) The voter may designate an agent to deliver in person the sealed absentee ballot |
|---|
| 73 | 73 | | 3.8return envelope to the county auditor or municipal clerk or to deposit the return envelope |
|---|
| 74 | 74 | | 3.9in the mail. An agent may deliver or mail the return envelopes of not more than three voters |
|---|
| 75 | 75 | | 3.10in any election. Any person designated as an agent who tampers with either the return |
|---|
| 76 | 76 | | 3.11envelope or the voted ballots or does not immediately mail or deliver the return envelope |
|---|
| 77 | 77 | | 3.12to the county auditor or municipal clerk is guilty of a misdemeanor. |
|---|
| 78 | 78 | | 3.13 Sec. 3. Minnesota Statutes 2024, section 203B.081, subdivision 1, is amended to read: |
|---|
| 79 | 79 | | 3.14 Subdivision 1.Location; timing for absentee voting.An eligible voter may vote by |
|---|
| 80 | 80 | | 3.15absentee ballot in the office of the county auditor and at any other polling place designated |
|---|
| 81 | 81 | | 3.16by the county auditor during the 46 28 days before the election, except as provided in this |
|---|
| 82 | 82 | | 3.17section. |
|---|
| 83 | 83 | | 3.18 Sec. 4. Minnesota Statutes 2024, section 203B.081, subdivision 4, is amended to read: |
|---|
| 84 | 84 | | 3.19 Subd. 4.Temporary locations.(a) A county auditor or municipal clerk authorized under |
|---|
| 85 | 85 | | 3.20section 203B.05 to administer voting before election day may designate additional polling |
|---|
| 86 | 86 | | 3.21places with days and hours that differ from those required by section 203B.085. A designation |
|---|
| 87 | 87 | | 3.22authorized by this subdivision must be made at least 47 29 days before the election. The |
|---|
| 88 | 88 | | 3.23county auditor or municipal clerk must provide notice to the secretary of state at the time |
|---|
| 89 | 89 | | 3.24that the designations are made. |
|---|
| 90 | 90 | | 3.25 (b) At the request of a federally recognized Indian Tribe with a reservation in the county, |
|---|
| 91 | 91 | | 3.26the county auditor must establish an additional polling place for at least one day on the |
|---|
| 92 | 92 | | 3.27Indian reservation on a site agreed upon by the Tribe and the county auditor that is accessible |
|---|
| 93 | 93 | | 3.28to the county auditor by a public road. |
|---|
| 94 | 94 | | 3.29 (c) At the request of a postsecondary institution or the student government organization |
|---|
| 95 | 95 | | 3.30of a postsecondary institution in the county or municipality, the county auditor or a municipal |
|---|
| 96 | 96 | | 3.31clerk authorized to administer absentee voting under section 203B.05 must establish an |
|---|
| 97 | 97 | | 3.32additional temporary polling place for the state general election or the odd-year city general |
|---|
| 98 | 98 | | 3Sec. 4. |
|---|
| 99 | 99 | | 25-03864 as introduced02/13/25 REVISOR JFK/HL 4.1election for at least one day at a location agreed upon by the institution and the county |
|---|
| 100 | 100 | | 4.2auditor or municipal clerk that: |
|---|
| 101 | 101 | | 4.3 (1) is accessible to the public; |
|---|
| 102 | 102 | | 4.4 (2) satisfies the requirements of state and federal law; and |
|---|
| 103 | 103 | | 4.5 (3) is on the institution's campus or is within one-half mile of the institution's campus |
|---|
| 104 | 104 | | 4.6and is reasonably accessible to the institution's students. |
|---|
| 105 | 105 | | 4.7A request must be made no later than May 31 before an election and the request is valid |
|---|
| 106 | 106 | | 4.8only for that election. This paragraph only applies to a postsecondary institution that provides |
|---|
| 107 | 107 | | 4.9on-campus student housing to 100 or more students. Nothing in this paragraph prevents the |
|---|
| 108 | 108 | | 4.10county auditor or municipal clerk from engaging in a dialogue with the entity that made the |
|---|
| 109 | 109 | | 4.11request regarding potential alternative locations for a temporary polling place that does not |
|---|
| 110 | 110 | | 4.12meet the requirements of clause (3). An entity that made a request for a temporary polling |
|---|
| 111 | 111 | | 4.13place may withdraw its request by notifying the county auditor or municipal clerk. |
|---|
| 112 | 112 | | 4.14 Sec. 5. Minnesota Statutes 2024, section 203B.21, subdivision 2, is amended to read: |
|---|
| 113 | 113 | | 4.15 Subd. 2.Mailing of ballots; return.Ballots and instructions for marking them, ballot |
|---|
| 114 | 114 | | 4.16envelopes, and return envelopes shall be sent by first class mail to addresses within the |
|---|
| 115 | 115 | | 4.17continental United States and by air mail to addresses outside the continental United States |
|---|
| 116 | 116 | | 4.18at least 46 days before each regularly scheduled primary and general election and each |
|---|
| 117 | 117 | | 4.19special primary and special election. The ballot envelope and return envelope shall be |
|---|
| 118 | 118 | | 4.20marked "Official Ballot," and shall contain sufficient postage to assure proper return delivery. |
|---|
| 119 | 119 | | 4.21The return envelope shall be addressed to comply with any method for return of absentee |
|---|
| 120 | 120 | | 4.22ballots as authorized under section 203B.08, subdivision 2. The requirements of this |
|---|
| 121 | 121 | | 4.23subdivision do not apply to ballots and related materials provided under section 203B.225. |
|---|
| 122 | 122 | | 4.24 Sec. 6. Minnesota Statutes 2024, section 204B.13, subdivision 8, is amended to read: |
|---|
| 123 | 123 | | 4.25 Subd. 8.Absentee voters.At least 46 28 days, but no more than 50 32 days, before a |
|---|
| 124 | 124 | | 4.26special election conducted under this section, the county auditor shall transmit an absentee |
|---|
| 125 | 125 | | 4.27ballot for the special election to each applicant for an absentee ballot whose application for |
|---|
| 126 | 126 | | 4.28an absentee ballot for the preceding general election was recorded under section 203B.04 |
|---|
| 127 | 127 | | 4.29or 203B.17. New applicants for an absentee ballot may be provided a ballot in the manner |
|---|
| 128 | 128 | | 4.30specified in chapter 203B. |
|---|
| 129 | 129 | | 4Sec. 6. |
|---|
| 130 | 130 | | 25-03864 as introduced02/13/25 REVISOR JFK/HL 5.1 Sec. 7. Minnesota Statutes 2024, section 204B.35, subdivision 4, is amended to read: |
|---|
| 131 | 131 | | 5.2 Subd. 4.Absentee ballots; preparation; delivery.At least 46 28 days before an election, |
|---|
| 132 | 132 | | 5.3ballots necessary to fill applications of absentee voters shall be prepared and delivered to |
|---|
| 133 | 133 | | 5.4the officials who administer the provisions of chapter 203B, except as provided in this |
|---|
| 134 | 134 | | 5.5subdivision. Ballots necessary to fill applications of absentee voters for a town general |
|---|
| 135 | 135 | | 5.6election held in March shall be prepared and delivered to the town clerk at least 30 28 days |
|---|
| 136 | 136 | | 5.7before the election. |
|---|
| 137 | 137 | | 5.8 This section applies to school district elections held on the same day as a statewide |
|---|
| 138 | 138 | | 5.9election or an election for a county or municipality located partially or wholly within the |
|---|
| 139 | 139 | | 5.10school district. |
|---|
| 140 | 140 | | 5.11 Sec. 8. Minnesota Statutes 2024, section 204B.45, subdivision 2, is amended to read: |
|---|
| 141 | 141 | | 5.12 Subd. 2.Procedure; voting prior to election day.Notice of the election and the special |
|---|
| 142 | 142 | | 5.13mail procedure must be given at least ten weeks prior to the election. Not more than 46 28 |
|---|
| 143 | 143 | | 5.14days nor later than 14 days before a regularly scheduled election and not more than 30 days |
|---|
| 144 | 144 | | 5.15nor later than 14 days before any other an election, the auditor shall mail ballots by |
|---|
| 145 | 145 | | 5.16nonforwardable mail to all voters registered in the city, town, or unorganized territory. No |
|---|
| 146 | 146 | | 5.17later than 14 days before the election, the auditor must make a subsequent mailing of ballots |
|---|
| 147 | 147 | | 5.18to those voters who register to vote after the initial mailing but before the 20th day before |
|---|
| 148 | 148 | | 5.19the election. Eligible voters not registered at the time the ballots are mailed may apply for |
|---|
| 149 | 149 | | 5.20ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, |
|---|
| 150 | 150 | | 5.21must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or |
|---|
| 151 | 151 | | 5.22in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot |
|---|
| 152 | 152 | | 5.23board to examine the mail and absentee ballot return envelopes and mark them "accepted" |
|---|
| 153 | 153 | | 5.24or "rejected" within three days of receipt if there are 14 or fewer days before election day, |
|---|
| 154 | 154 | | 5.25or within five days of receipt if there are more than 14 days before election day. The board |
|---|
| 155 | 155 | | 5.26may consist of deputy county auditors or deputy municipal clerks who have received training |
|---|
| 156 | 156 | | 5.27in the processing and counting of mail ballots, who need not be affiliated with a major |
|---|
| 157 | 157 | | 5.28political party. Election judges performing the duties in this section must be of different |
|---|
| 158 | 158 | | 5.29major political parties, unless they are exempt from that requirement under section 205.075, |
|---|
| 159 | 159 | | 5.30subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before |
|---|
| 160 | 160 | | 5.31the election, the ballots in the envelope must remain sealed and the auditor or clerk shall |
|---|
| 161 | 161 | | 5.32provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. |
|---|
| 162 | 162 | | 5.33If the ballot is rejected within five days of the election, the envelope must remain sealed |
|---|
| 163 | 163 | | 5.34and the official in charge of the ballot board must attempt to contact the voter by telephone |
|---|
| 164 | 164 | | 5Sec. 8. |
|---|
| 165 | 165 | | 25-03864 as introduced02/13/25 REVISOR JFK/HL 6.1or email to notify the voter that the voter's ballot has been rejected. The official must |
|---|
| 166 | 166 | | 6.2document the attempts made to contact the voter. |
|---|
| 167 | 167 | | 6.3 If the ballot is accepted, the county auditor or municipal clerk must mark the roster to |
|---|
| 168 | 168 | | 6.4indicate that the voter has already cast a ballot in that election. After the close of business |
|---|
| 169 | 169 | | 6.5on the 19th day before the election, the ballots from return envelopes marked "Accepted" |
|---|
| 170 | 170 | | 6.6may be opened, duplicated as needed in the manner provided by section 206.86, subdivision |
|---|
| 171 | 171 | | 6.75, initialed by the members of the ballot board, and deposited in the ballot box. |
|---|
| 172 | 172 | | 6.8 In all other respects, the provisions of the Minnesota Election Law governing deposit |
|---|
| 173 | 173 | | 6.9and counting of ballots apply. |
|---|
| 174 | 174 | | 6.10 The mail and absentee ballots for a precinct must be counted together and reported as |
|---|
| 175 | 175 | | 6.11one vote total. No vote totals from mail or absentee ballots may be made public before the |
|---|
| 176 | 176 | | 6.12close of voting on election day. |
|---|
| 177 | 177 | | 6.13 The costs of the mailing shall be paid by the election jurisdiction in which the voter |
|---|
| 178 | 178 | | 6.14maintains residence. Any ballot received by 8:00 p.m. on the day of the election must be |
|---|
| 179 | 179 | | 6.15counted. |
|---|
| 180 | 180 | | 6.16 Sec. 9. Minnesota Statutes 2024, section 204C.28, is amended by adding a subdivision to |
|---|
| 181 | 181 | | 6.17read: |
|---|
| 182 | 182 | | 6.18 Subd. 4.Public disclosure of unofficial election results.Except as otherwise explicitly |
|---|
| 183 | 183 | | 6.19required by law, the county auditor, municipal clerk, or other elections official responsible |
|---|
| 184 | 184 | | 6.20for receiving or delivering election returns must not release a precinct's unofficial election |
|---|
| 185 | 185 | | 6.21results for public posting online or other general distribution unless the results include all |
|---|
| 186 | 186 | | 6.22votes cast in the precinct, including those cast by absentee ballot. |
|---|
| 187 | 187 | | 6.23 Sec. 10. Minnesota Statutes 2024, section 204D.09, subdivision 2, is amended to read: |
|---|
| 188 | 188 | | 6.24 Subd. 2.Sample ballot.At least 46 28 days before the state primary the county auditor |
|---|
| 189 | 189 | | 6.25must prepare a sample ballot for each precinct for public inspection and transmit an electronic |
|---|
| 190 | 190 | | 6.26copy of these sample ballots to the secretary of state. The names of the candidates to be |
|---|
| 191 | 191 | | 6.27voted for in the county must be placed on the sample ballots, with the names of the candidates |
|---|
| 192 | 192 | | 6.28for each office arranged in the base rotation as determined by section 206.61, subdivision |
|---|
| 193 | 193 | | 6.295. The county auditor must post the sample ballots in a conspicuous place in the auditor's |
|---|
| 194 | 194 | | 6.30office. At least one week before the state primary, the county auditor must publish a notice |
|---|
| 195 | 195 | | 6.31to voters pursuant to section 204D.16 in at least one newspaper of general circulation in the |
|---|
| 196 | 196 | | 6.32county. |
|---|
| 197 | 197 | | 6Sec. 10. |
|---|
| 198 | 198 | | 25-03864 as introduced02/13/25 REVISOR JFK/HL 7.1 Sec. 11. Minnesota Statutes 2024, section 204D.16, is amended to read: |
|---|
| 199 | 199 | | 7.2 204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING; |
|---|
| 200 | 200 | | 7.3PUBLICATION. |
|---|
| 201 | 201 | | 7.4 (a) At least 46 28 days before the state general election, the county auditor must post |
|---|
| 202 | 202 | | 7.5sample ballots for each precinct in the auditor's office for public inspection and transmit an |
|---|
| 203 | 203 | | 7.6electronic copy of these sample ballots to the secretary of state. |
|---|
| 204 | 204 | | 7.7 (b) No earlier than 20 days and no later than ten days before the state general election |
|---|
| 205 | 205 | | 7.8the county auditor must cause a notice to voters to be published in at least one newspaper |
|---|
| 206 | 206 | | 7.9of general circulation in the county. The secretary of state, in collaboration with stakeholders, |
|---|
| 207 | 207 | | 7.10must design the notice to be published, including the format and content to be used. The |
|---|
| 208 | 208 | | 7.11secretary of state, in collaboration with stakeholders, may modify the content or format of |
|---|
| 209 | 209 | | 7.12the notice to be used by metropolitan counties, as defined in section 473.121, subdivision |
|---|
| 210 | 210 | | 7.134. When published, the notice must be sized so that it comprises a minimum of one full |
|---|
| 211 | 211 | | 7.14newspaper page. |
|---|
| 212 | 212 | | 7.15 (c) The notice required by paragraph (b) must, at minimum, include the following: |
|---|
| 213 | 213 | | 7.16 (1) a statement that the voter's official ballot will have the names of all candidates for |
|---|
| 214 | 214 | | 7.17the voter's precinct; |
|---|
| 215 | 215 | | 7.18 (2) the web address where a voter may view the voter's sample ballot based on the voter's |
|---|
| 216 | 216 | | 7.19address; |
|---|
| 217 | 217 | | 7.20 (3) the county's website where a list of sample ballots for each county precinct may be |
|---|
| 218 | 218 | | 7.21viewed; |
|---|
| 219 | 219 | | 7.22 (4) how a voter may obtain a free copy of a sample ballot specific to the voter's address; |
|---|
| 220 | 220 | | 7.23and |
|---|
| 221 | 221 | | 7.24 (5) contact information for the appropriate local election official, including a phone |
|---|
| 222 | 222 | | 7.25number and email address. |
|---|
| 223 | 223 | | 7.26The notice may include information about contests on the ballot; names, offices, and party |
|---|
| 224 | 224 | | 7.27affiliation, if any, of candidates; polling place locations; poll hours; and absentee voting |
|---|
| 225 | 225 | | 7.28information. |
|---|
| 226 | 226 | | 7.29 (d) For purposes of this section, "stakeholder" means local government election officials |
|---|
| 227 | 227 | | 7.30and representatives of the Minnesota Newspaper Association. |
|---|
| 228 | 228 | | 7Sec. 11. |
|---|
| 229 | 229 | | 25-03864 as introduced02/13/25 REVISOR JFK/HL |
|---|