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