1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to elections; modifying provisions related to absentee voting; amending |
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3 | 3 | | 1.3 Minnesota Statutes 2024, sections 203B.05, subdivision 1; 203B.121, subdivisions |
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4 | 4 | | 1.4 4, 5; 203B.30, subdivision 3. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 203B.05, subdivision 1, is amended to read: |
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7 | 7 | | 1.7 Subdivision 1.Generally.The full-time clerk of any city or town shall administer the |
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8 | 8 | | 1.8provisions of sections 203B.04 to 203B.15 and 203B.30 if: |
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9 | 9 | | 1.9 (1) the county auditor of that county has designated the clerk to administer them; or |
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10 | 10 | | 1.10 (2) the clerk has given the county auditor of that county notice of intention to administer |
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11 | 11 | | 1.11them. |
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12 | 12 | | 1.12 The designation or notice must specify whether the clerk will be responsible for the |
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13 | 13 | | 1.13administration of a ballot board as provided in section 203B.121 and whether the |
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14 | 14 | | 1.14municipality's office will be designated an absentee voting location pursuant to section |
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15 | 15 | | 1.15203B.081, subdivision 1, or only for early voting pursuant to section 203B.081, subdivision |
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16 | 16 | | 1.161a. |
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17 | 17 | | 1.17 A clerk of a city that is located in more than one county may only administer the |
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18 | 18 | | 1.18provisions of sections 203B.04 to 203B.15 and 203B.30 if the clerk has been designated |
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19 | 19 | | 1.19by each of the county auditors or has provided notice to each of the county auditors that the |
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20 | 20 | | 1.20city will administer absentee voting. A clerk may only administer the provisions of sections |
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21 | 21 | | 1.21203B.04 to 203B.15 and 203B.30 if the clerk has technical capacity to access the statewide |
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22 | 22 | | 1.22voter registration system in the secure manner prescribed by the secretary of state. The |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-04554 as introduced03/05/25 REVISOR JFK/VJ |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 3069NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: PORT and Boldon) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading03/27/2025 |
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31 | 31 | | Referred to Elections 2.1secretary of state must identify hardware, software, security, or other technical prerequisites |
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32 | 32 | | 2.2necessary to ensure the security, access controls, and performance of the statewide voter |
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33 | 33 | | 2.3registration system. A clerk must receive training approved by the secretary of state on the |
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34 | 34 | | 2.4use of the statewide voter registration system before administering this section. A clerk may |
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35 | 35 | | 2.5not use the statewide voter registration system until the clerk has received the required |
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36 | 36 | | 2.6training. The county auditor must notify the secretary of state of any municipal clerk who |
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37 | 37 | | 2.7will be administering the provisions of this section and the duties that the clerk will |
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38 | 38 | | 2.8administer. |
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39 | 39 | | 2.9 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of |
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40 | 40 | | 2.10the early voting certification and applies to elections held on or after the 85th day after the |
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41 | 41 | | 2.11revisor of statutes receives the certification, whichever is later. |
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42 | 42 | | 2.12 Sec. 2. Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read: |
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43 | 43 | | 2.13 Subd. 4.Opening of envelopes.(a) After the close of business on the 19th day before |
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44 | 44 | | 2.14the election, the ballots from secrecy ballot envelopes within the signature envelopes marked |
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45 | 45 | | 2.15"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, |
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46 | 46 | | 2.16subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate |
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47 | 47 | | 2.17ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must |
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48 | 48 | | 2.18be returned in the manner provided by section 204C.25 for return of spoiled ballots, and |
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49 | 49 | | 2.19may not be counted. |
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50 | 50 | | 2.20 (b) Accepted signature envelopes must be segregated by precinct and processed in |
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51 | 51 | | 2.21accordance with this subdivision on a precinct-by-precinct basis. Precincts within a |
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52 | 52 | | 2.22combination polling place established in section 205A.11, subdivision 2, may be processed |
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53 | 53 | | 2.23together. At each step, members of the ballot board must notify the official responsible for |
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54 | 54 | | 2.24the ballot board if there is a discrepancy in the count. Any discrepancy must be noted in the |
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55 | 55 | | 2.25ballot board incident log. |
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56 | 56 | | 2.26 (c) Before opening accepted signature envelopes, two members of the ballot board must |
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57 | 57 | | 2.27count and record the number of envelopes and ensure that the count matches either the |
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58 | 58 | | 2.28number of accepted signature envelopes provided by the official responsible for the ballot |
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59 | 59 | | 2.29board or the number of signature envelopes accepted by the ballot board that day. |
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60 | 60 | | 2.30 (d) After ballot envelopes have been removed from the signature envelopes, two members |
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61 | 61 | | 2.31of the ballot board must count and record the number of ballot envelopes to ensure the count |
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62 | 62 | | 2.32matches the number of accepted signature envelopes. Any discrepancy must be noted in |
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63 | 63 | | 2.33the ballot board incident log. The governing body responsible for the ballot board must |
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64 | 64 | | 2.34retain all ballot envelopes through the contest period of that election. |
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65 | 65 | | 2Sec. 2. |
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66 | 66 | | 25-04554 as introduced03/05/25 REVISOR JFK/VJ 3.1 (e) After ballots have been removed from the ballot envelopes, two members of the |
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67 | 67 | | 3.2ballot board must count and record the number of ballots to ensure the count matches the |
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68 | 68 | | 3.3number of accepted signature envelopes, accounting for any empty envelopes or spoiled |
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69 | 69 | | 3.4ballots, which must be noted on the ballot board incident log. |
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70 | 70 | | 3.5 Sec. 3. Minnesota Statutes 2024, section 203B.121, subdivision 5, is amended to read: |
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71 | 71 | | 3.6 Subd. 5.Storage and counting of absentee ballots.(a) On a day on which absentee |
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72 | 72 | | 3.7ballots are inserted into a ballot box, two members of the ballot board must: |
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73 | 73 | | 3.8 (1) remove the ballots from the ballot box at the end of the day; |
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74 | 74 | | 3.9 (2) without inspecting the ballots, ensure that the number of ballots removed from the |
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75 | 75 | | 3.10ballot box is equal to the number of voters whose absentee ballots were accepted from the |
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76 | 76 | | 3.11tally in subdivision 4 that were to be inserted into the ballot box that day; and |
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77 | 77 | | 3.12 (3) seal and secure all voted and unvoted ballots present in that location at the end of |
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78 | 78 | | 3.13the day. |
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79 | 79 | | 3.14 (b) After the polls have closed on election day, two members of the ballot board must |
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80 | 80 | | 3.15count the ballots, tabulating the vote in a manner that indicates each vote of the voter and |
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81 | 81 | | 3.16the total votes cast for each candidate or question. In state primary and state general elections, |
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82 | 82 | | 3.17the results must indicate the total votes cast for each candidate or question in each precinct |
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83 | 83 | | 3.18and report the vote totals tabulated for each precinct. The count must be recorded on a |
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84 | 84 | | 3.19summary statement in substantially the same format as provided in section 204C.26. The |
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85 | 85 | | 3.20ballot board shall must submit at least one completed summary statement to the county |
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86 | 86 | | 3.21auditor or municipal clerk. The county auditor or municipal clerk may require the ballot |
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87 | 87 | | 3.22board to submit a sufficient number of completed summary statements to comply with the |
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88 | 88 | | 3.23provisions of section 204C.27, or the county auditor or municipal clerk may certify reports |
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89 | 89 | | 3.24containing the details of the ballot board summary statement to the recipients of the summary |
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90 | 90 | | 3.25statements designated in section 204C.27. |
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91 | 91 | | 3.26 In state primary and state general elections, These vote totals shall must be added to the |
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92 | 92 | | 3.27vote totals on the summary statements of the returns for the appropriate precinct. In other |
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93 | 93 | | 3.28elections, these vote totals may be added to the vote totals on the summary statement of |
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94 | 94 | | 3.29returns for the appropriate precinct or may be reported as a separate total. |
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95 | 95 | | 3.30 The count shall must be public. No vote totals from ballots may be made public before |
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96 | 96 | | 3.31the close of voting on election day. |
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97 | 97 | | 3.32 (c) In addition to the requirements of paragraphs (a) and (b), if the task has not been |
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98 | 98 | | 3.33completed previously, the members of the ballot board must verify as soon as possible, but |
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99 | 99 | | 3Sec. 3. |
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100 | 100 | | 25-04554 as introduced03/05/25 REVISOR JFK/VJ 4.1no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots |
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101 | 101 | | 4.2arrived after the rosters were marked or supplemental reports were generated and whose |
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102 | 102 | | 4.3ballots were accepted did not vote in person on election day. An absentee ballot submitted |
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103 | 103 | | 4.4by a voter who has voted in person on election day must be rejected. All other accepted |
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104 | 104 | | 4.5absentee ballots must be opened in accordance with the procedures outlined in subdivision |
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105 | 105 | | 4.64, except for the absentee ballots cast using the alternative procedure in section 203B.081, |
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106 | 106 | | 4.7subdivision 3, duplicated if necessary, and counted by members of the ballot board. The |
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107 | 107 | | 4.8vote totals from these ballots must be incorporated into the totals with the other absentee |
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108 | 108 | | 4.9ballots and handled according to paragraph (b). |
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109 | 109 | | 4.10 Sec. 4. Minnesota Statutes 2024, section 203B.30, subdivision 3, is amended to read: |
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110 | 110 | | 4.11 Subd. 3.Processing of ballots.At the end of each day when early voting occurs, the |
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111 | 111 | | 4.12early voting officials must: |
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112 | 112 | | 4.13 (1) remove and secure ballots cast during the early voting period following the procedures |
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113 | 113 | | 4.14in section 203B.121, subdivision 5, paragraph (a). that day, noting the date, voting location, |
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114 | 114 | | 4.15and number of ballots cast; |
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115 | 115 | | 4.16 (2) without inspecting the ballots, ensure that the number of ballots removed from the |
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116 | 116 | | 4.17ballot box is equal to the number of voter certificates that were signed by voters in subdivision |
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117 | 117 | | 4.182, paragraph (b); and |
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118 | 118 | | 4.19 (3) seal and secure all voted and unvoted ballots present in that location at the end of |
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119 | 119 | | 4.20the day. |
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120 | 120 | | 4.21 The absentee ballot board must count the ballots after the polls have closed on election |
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121 | 121 | | 4.22day following the procedures in section 203B.121, subdivision 5, paragraph (b). |
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122 | 122 | | 4.23 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of |
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123 | 123 | | 4.24the early voting certification and applies to elections held on or after the 85th day after the |
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124 | 124 | | 4.25revisor of statutes receives the certification, whichever is later. |
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125 | 125 | | 4Sec. 4. |
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126 | 126 | | 25-04554 as introduced03/05/25 REVISOR JFK/VJ |
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