48 | | - | Comm report: To pass as amended and re-refer to Finance04/22/2025 2.1 204B.28, subdivision 2; 204B.44; 204B.45, subdivision 2; 204C.05, subdivision |
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49 | | - | 2.2 2; 204C.06, subdivisions 1, 2, 6; 204C.08, subdivision 1d; 204C.09, subdivision |
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50 | | - | 2.3 1; 204C.10; 204C.15, subdivisions 2, 3; 204C.24, subdivision 1; 204C.32, |
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51 | | - | 2.4 subdivision 1; 204C.33, subdivision 1; 205.07, by adding a subdivision; 205.075, |
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52 | | - | 2.5 subdivision 4; 205.13, subdivisions 1, 1a; 205.185, subdivision 3; 205A.06, |
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53 | | - | 2.6 subdivisions 1, 1a; 205A.10, subdivisions 2, 3; 205A.11, subdivision 2; 206.83; |
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54 | | - | 2.7 207A.11; 211A.02, subdivisions 1, 2; 211B.04, subdivisions 1, 2, 3, 5, by adding |
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55 | | - | 2.8 a subdivision; 211B.13; 211B.32, subdivisions 1, 4; 211B.35, subdivision 2; 368.47; |
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56 | | - | 2.9 375.20; 383B.041, subdivision 5; 414.09, subdivision 3; 447.32, subdivision 4; |
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57 | | - | 2.10 proposing coding for new law in Minnesota Statutes, chapters 5; 6; 8; 10A; 204B; |
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58 | | - | 2.11 207A; 211B; repealing Minnesota Statutes 2024, sections 206.57, subdivision 5b; |
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59 | | - | 2.12 206.95; 209.06; 211B.04, subdivision 4; 211B.06; 211B.08; Minnesota Rules, |
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60 | | - | 2.13 parts 4503.2000, subpart 2; 4511.1100. |
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61 | | - | 2.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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62 | | - | 2.15 ARTICLE 1 |
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63 | | - | 2.16 ELECTIONS APPROPRIATIONS |
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64 | | - | 2.17Section 1. ELECTIONS APPROPRIATIONS. |
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65 | | - | 2.18 The sums shown in the columns marked "Appropriations" are appropriated to the agencies |
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66 | | - | 2.19and for the purposes specified in this article. The appropriations are from the general fund, |
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67 | | - | 2.20or another named fund, and are available for the fiscal years indicated for each purpose. |
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68 | | - | 2.21The figures "2026" and "2027" used in this article mean that the appropriations listed under |
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69 | | - | 2.22them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. |
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70 | | - | 2.23"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" |
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71 | | - | 2.24is fiscal years 2026 and 2027. |
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72 | | - | 2.25 APPROPRIATIONS |
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73 | | - | 2.26 Available for the Year |
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74 | | - | 2.27 Ending June 30 |
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75 | | - | 20272.28 2026 |
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76 | | - | -0-$260,000$2.29Sec. 2. SECRETARY OF STATE |
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77 | | - | 1,846,000$2,319,000$ |
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78 | | - | 2.30Sec. 3. CAMPAIGN FINANCE AND PUBLIC |
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79 | | - | 2.31DISCLOSURE BOARD |
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80 | | - | 2.32$500,000 the first year is to pay fees and |
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81 | | - | 2.33expenses if an order granting plantiff's motion |
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82 | | - | 2.34for them is filed in Minnesota Chamber of |
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83 | | - | 2.35Commerce v. Choi (23-CV-02015). The board |
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84 | | - | 2.36must pay, on behalf of all defendants, all fees |
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85 | | - | 2.37and expenses awarded to the plaintiff. |
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86 | | - | 2Article 1 Sec. 3. |
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87 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 3.1 Sec. 4. TRANSFERS; SECRETARY OF STATE. |
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88 | | - | 3.2 (a) The secretary of state, in consultation with the commissioner of management and |
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89 | | - | 3.3budget, must transfer $200,000 in fiscal year 2026 from the general fund to the Help America |
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90 | | - | 3.4Vote Act (HAVA) account established in Minnesota Statutes, section 5.30. This is a onetime |
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91 | | - | 3.5transfer. |
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92 | | - | 3.6 (b) The secretary of state, in consultation with the commissioner of management and |
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93 | | - | 3.7budget, must transfer any balance remaining in the voting equipment grant account |
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94 | | - | 3.8established under Minnesota Statutes, section 206.95, on the effective date of this section |
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95 | | - | 3.9to the voting operations, technology, and election resources account established under |
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96 | | - | 3.10Minnesota Statutes, section 5.305. |
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97 | | - | 3.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
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98 | | - | 3.12 Sec. 5. Minnesota Statutes 2024, section 202A.20, subdivision 2, is amended to read: |
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99 | | - | 3.13 Subd. 2.Reporting caucus results.If a major political party does not participate in a |
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100 | | - | 3.14presidential nomination primary pursuant to chapter 207A and instead conducts preference |
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101 | | - | 3.15balloting at precinct caucuses, the secretary of state shall promptly report to the public the |
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102 | | - | 3.16results of preference balloting at the precinct caucuses. |
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103 | | - | 3.17 Sec. 6. Minnesota Statutes 2024, section 207A.11, is amended to read: |
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104 | | - | 3.18 207A.11 PRESIDENTIAL NOMINATION PRIMARY ESTABLISHED. |
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105 | | - | 3.19 (a) A presidential nomination primary must be held each year in which a president and |
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106 | | - | 3.20vice president of the United States are to be nominated and elected, except as provided in |
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107 | | - | 3.21section 207A.17, paragraph (b). |
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108 | | - | 3.22 (b) The party chairs must jointly submit to the secretary of state, no later than March 1 |
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109 | | - | 3.23in a year prior to a presidential election year, the single date on which the parties have agreed |
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110 | | - | 3.24to conduct the presidential nomination primary in the next year. The date selected must not |
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111 | | - | 3.25be the date of the town general election provided in section 205.075, subdivision 1. If a date |
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112 | | - | 3.26is not jointly submitted by the deadline, the presidential nomination primary must be held |
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113 | | - | 3.27on the first Tuesday in March in the year of the presidential election. No other election may |
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114 | | - | 3.28be conducted on the date of the presidential nomination primary. |
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115 | | - | 3.29 (c) The secretary of state must adopt rules to implement the provisions of this chapter. |
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116 | | - | 3.30The secretary of state shall consult with the party chairs throughout the rulemaking process, |
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117 | | - | 3.31including seeking advice about possible rules before issuing a notice of intent to adopt rules, |
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118 | | - | 3.32consultation before the notice of comment is published, consultation on the statement of |
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119 | | - | 3Article 1 Sec. 6. |
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120 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 4.1need and reasonableness, consultation in drafting and revising the rules, and consultation |
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121 | | - | 4.2regarding any modifications to the rule being considered. |
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122 | | - | 4.3 (d) This chapter only applies to a major political party that selects delegates at the |
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123 | | - | 4.4presidential nomination primary to send to a national convention. A major political party |
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124 | | - | 4.5that does not participate in a national convention is not eligible to participate in the |
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125 | | - | 4.6presidential nomination primary. |
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126 | | - | 4.7 (e) For purposes of this chapter, "political party" or "party" means a major political party |
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127 | | - | 4.8as defined in section 200.02, subdivision 7, that is eligible to participate in the presidential |
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128 | | - | 4.9nomination primary. |
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129 | | - | 4.10 Sec. 7. [207A.17] PARTY PAYMENT FOR COSTS. |
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130 | | - | 4.11 (a) No later than September 1 of the year preceding a presidential election year, the |
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131 | | - | 4.12secretary of state must notify each major political party of the estimated state and local costs |
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132 | | - | 4.13of conducting the presidential nomination primary and invoice each party for its portion of |
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133 | | - | 4.14the costs. Each party's portion of the costs is calculated by dividing the amount originally |
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134 | | - | 4.15certified to the commissioner of management and budget under section 207A.15, subdivision |
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135 | | - | 4.161, paragraph (b), by the number of parties eligible to participate in the presidential nomination |
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136 | | - | 4.17primary. The secretary of state must deposit payments received from parties for amounts |
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137 | | - | 4.18billed under this paragraph in the general fund. |
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138 | | - | 4.19 (b) If at least one party pays the secretary of state the amount invoiced to it under |
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139 | | - | 4.20paragraph (a) by October 1 of the year preceding a presidential election year, then a |
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140 | | - | 4.21presidential nomination primary must be held the following year. If a party does not pay |
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141 | | - | 4.22the amount invoiced to it under paragraph (a) by October 1 of the year preceding a |
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142 | | - | 4.23presidential election year, then section 207A.13 does not apply to that party in the following |
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143 | | - | 4.24year, and a presidential nomination primary ballot must not be prepared for that party. If |
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144 | | - | 4.25no party pays the secretary of state the amount invoiced to it under paragraph (a) by October |
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145 | | - | 4.261 of the year preceding a presidential election year, then a presidential nomination primary |
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146 | | - | 4.27must not be held. |
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147 | | - | 4.28 Sec. 8. WORKING GROUP ON LOCAL CANDIDATE CAMPAIGN FINANCE |
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148 | | - | 4.29REPORTING. |
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149 | | - | 4.30 Subdivision 1.Definitions.(a) For purposes of this section, the terms have the meanings |
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150 | | - | 4.31given. |
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151 | | - | 4.32 (b) "Board" means the Campaign Finance and Public Disclosure Board. |
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152 | | - | 4Article 1 Sec. 8. |
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153 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 5.1 (c) "Candidate" means an individual who seeks nomination or election to a county, |
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154 | | - | 5.2municipal, school district, or other political subdivision office. This definition does not |
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155 | | - | 5.3include an individual seeking a judicial office. |
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156 | | - | 5.4 (d) "Local campaign report" means any report that a candidate is required to file pursuant |
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157 | | - | 5.5to Minnesota Statutes, chapter 211A. |
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158 | | - | 5.6 Subd. 2.Membership.(a) The working group consists of the following 12 members: |
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159 | | - | 5.7 (1) two members of the Campaign Finance and Public Disclosure Board affiliated with |
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160 | | - | 5.8different political parties appointed by the board's chair; |
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161 | | - | 5.9 (2) the executive director of the Campaign Finance and Public Disclosure Board; |
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162 | | - | 5.10 (3) two members appointed by the League of Minnesota Cities, one of whom must be |
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163 | | - | 5.11from a city of the fourth class; |
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164 | | - | 5.12 (4) one member appointed by the Association of Minnesota Counties; |
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165 | | - | 5.13 (5) one member appointed by the Minnesota Association of Townships; |
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166 | | - | 5.14 (6) one member appointed by the Minnesota School Boards Association; |
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167 | | - | 5.15 (7) one senator appointed by the senate majority leader and one senator appointed by |
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168 | | - | 5.16the senate minority leader; and |
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169 | | - | 5.17 (8) one representative appointed by the speaker of the house and one representative |
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170 | | - | 5.18appointed by the minority leader of the house of representatives. |
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171 | | - | 5.19 (b) Appointments to the working group must be made within two weeks after the effective |
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172 | | - | 5.20date of this section. |
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173 | | - | 5.21 (c) Public member compensation and reimbursement for expenses are governed by |
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174 | | - | 5.22Minnesota Statutes, section 15.059, subdivision 3. Notwithstanding Minnesota Statutes, |
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175 | | - | 5.23section 15.0595, the source of payment for compensation and reimbursement for expenses |
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176 | | - | 5.24of nonlegislative members of the working group is appropriations available to the Campaign |
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177 | | - | 5.25Finance and Public Disclosure Board. Legislative members may receive per diem and be |
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178 | | - | 5.26reimbursed for their expenses according to the rules of their respective bodies. |
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179 | | - | 5.27 Subd. 3.Chairs; meetings.(a) The executive director of the board must convene the |
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180 | | - | 5.28first meeting of the working group no later than six weeks after the effective date of this |
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181 | | - | 5.29section. At the first meeting, members must elect a chair from among the legislative members |
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182 | | - | 5.30of the working group members. |
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183 | | - | 5Article 1 Sec. 8. |
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184 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 6.1 (b) Working group meetings are subject to the Minnesota Open Meeting Law under |
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185 | | - | 6.2Minnesota Statutes, chapter 13D. |
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186 | | - | 6.3 Subd. 4.Administrative support.The Legislative Coordinating Commission must |
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187 | | - | 6.4provide administrative support and meeting space for the working group. Upon request of |
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188 | | - | 6.5the working group, the staff of the Campaign Finance and Public Disclosure Board must |
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189 | | - | 6.6provide technical support. |
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190 | | - | 6.7 Subd. 5.Duties.At a minimum, the working group must: |
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191 | | - | 6.8 (1) examine and make recommendations on whether any or all local candidate campaign |
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192 | | - | 6.9finance reports should be filed with the board instead of with a local filing officer; |
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193 | | - | 6.10 (2) assess the extent to which local filing officers are currently able to provide support |
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194 | | - | 6.11to local candidates and the public related to their duty to accept campaign finance reports |
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195 | | - | 6.12from local candidates; |
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196 | | - | 6.13 (3) review the reporting requirements for local candidates in Minnesota Statutes, chapter |
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197 | | - | 6.14211A, and recommend any changes to those requirements that should be made, especially |
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198 | | - | 6.15if the reports were to be filed with the board; |
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199 | | - | 6.16 (4) study the impact of the potential increase of reports being made to the board in terms |
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200 | | - | 6.17of budgetary and staffing needs and the ability of the board to support the local candidates |
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201 | | - | 6.18in filing the reports; |
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202 | | - | 6.19 (5) study local campaign finance reporting requirements and make any recommendations |
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203 | | - | 6.20on changes to the laws; and |
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204 | | - | 6.21 (6) propose draft legislation to implement any of the working group's recommendations. |
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205 | | - | 6.22 Subd. 6.Report.No later than January 15, 2026, the working group must submit a |
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206 | | - | 6.23written report to the chairs and ranking minority members of the legislative committees and |
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207 | | - | 6.24divisions with jurisdiction over elections. The report must outline a description of the |
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208 | | - | 6.25working group's activities, how the working group addressed each duty described in |
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209 | | - | 6.26subdivision 5, any recommendations made by the working group, and any proposed |
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210 | | - | 6.27legislation recommended by the working group. |
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211 | | - | 6.28 Subd. 7.Expiration.The working group expires upon submission of the report required |
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212 | | - | 6.29under subdivision 6, or January 16, 2026, whichever is later. |
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213 | | - | 6.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
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214 | | - | 6Article 1 Sec. 8. |
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215 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 7.1 Sec. 9. VOTER OUTREACH; SECRETARY OF STATE. |
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216 | | - | 7.2 The secretary of state must conduct voter outreach efforts across the state with the goal |
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217 | | - | 7.3of increasing voter turnout. The secretary must focus on counties with the lowest voter |
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218 | | - | 7.4turnout in the 2022 and 2024 general elections. At a minimum, these efforts must include |
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219 | | - | 7.5publicizing the methods of registering to vote or updating a voter registration, the ways to |
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220 | | - | 7.6vote on or before election day, and recent changes to laws relating to voter registration and |
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221 | | - | 7.7early voting. The secretary of state must provide these voter outreach materials in the three |
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222 | | - | 7.8most common non-English languages and any other language required for a language |
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223 | | - | 7.9minority district in a county, as defined by Minnesota Statutes, section 204B.295. |
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224 | | - | 7.10 Sec. 10. REPEALER. |
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225 | | - | 7.11 Minnesota Statutes 2024, section 206.95, is repealed. |
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226 | | - | 7.12 ARTICLE 2 |
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227 | | - | 7.13 CAMPAIGN FINANCE POLICY |
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228 | | - | 7.14 Section 1. [5.51] EXPENSES OF SECRETARY OF STATE-ELECT. |
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229 | | - | 7.15 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined have the |
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230 | | - | 7.16meanings given them. |
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231 | | - | 7.17 (b) "Secretary of state-elect" means the person who is not currently secretary of state |
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232 | | - | 7.18and is the apparent successful candidate for the Office of Secretary of State following a |
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233 | | - | 7.19general election. |
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234 | | - | 7.20 (c) "Commissioner" means the commissioner of the Department of Management and |
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235 | | - | 7.21Budget. |
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236 | | - | 7.22 Subd. 2.Transition expenses.In the fiscal year of an election for secretary of state and |
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237 | | - | 7.23subject to availability of funds, the commissioner shall transfer up to $50,000 from the |
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238 | | - | 7.24general contingent account in the general fund to the Department of Management and |
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239 | | - | 7.25Budget. This transfer is subject to the review and advice of the Legislative Advisory |
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240 | | - | 7.26Commission pursuant to section 3.30. In consultation with the secretary of state-elect, the |
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241 | | - | 7.27commissioner shall use the transferred funds to pay expenses of the secretary of state-elect |
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242 | | - | 7.28associated with preparing for the assumption of official duties as secretary of state. The |
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243 | | - | 7.29commissioner may use the transferred funds for expenses necessary and prudent for |
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244 | | - | 7.30establishment of a transition office prior to the election and for dissolution of the office if |
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245 | | - | 7.31the incumbent secretary of state is reelected or after the inauguration of a new secretary of |
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246 | | - | 7.32state. Expenses of the secretary of state-elect may include suitable office space and |
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247 | | - | 7Article 2 Section 1. |
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248 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 8.1equipment, communications and technology support, consulting services, compensation |
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249 | | - | 8.2and travel costs, and other reasonable expenses. Compensation rates for temporary employees |
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250 | | - | 8.3hired to support the secretary of state-elect and rates paid for consulting services for the |
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251 | | - | 8.4secretary of state-elect shall be determined by the secretary of state-elect. |
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252 | | - | 8.5 Subd. 3.Unused funds.No new obligations shall be incurred for expenses of the secretary |
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253 | | - | 8.6of state-elect after the date of the inauguration. By March 31 of the year of the inauguration, |
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254 | | - | 8.7the commissioner shall return to the general contingent account any funds transferred under |
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255 | | - | 8.8this section that the commissioner determines are not needed to pay expenses of the secretary |
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256 | | - | 8.9of state-elect. |
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257 | | - | 8.10 Sec. 2. [6.93] EXPENSES OF STATE AUDITOR-ELECT. |
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258 | | - | 8.11 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined have the |
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259 | | - | 8.12meanings given them. |
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260 | | - | 8.13 (b) "State auditor-elect" means the person who is not currently state auditor and is the |
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261 | | - | 8.14apparent successful candidate for the Office of State Auditor following a general election. |
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262 | | - | 8.15 (c) "Commissioner" means the commissioner of the Department of Management and |
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263 | | - | 8.16Budget. |
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264 | | - | 8.17 Subd. 2.Transition expenses.In the fiscal year of an election for state auditor and |
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265 | | - | 8.18subject to availability of funds, the commissioner shall transfer up to $50,000 from the |
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266 | | - | 8.19general contingent account in the general fund to the Department of Management and |
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267 | | - | 8.20Budget. This transfer is subject to the review and advice of the Legislative Advisory |
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268 | | - | 8.21Commission pursuant to section 3.30. In consultation with the state auditor-elect, the |
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269 | | - | 8.22commissioner shall use the transferred funds to pay expenses of the state auditor-elect |
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270 | | - | 8.23associated with preparing for the assumption of official duties as state auditor. The |
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271 | | - | 8.24commissioner may use the transferred funds for expenses necessary and prudent for |
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272 | | - | 8.25establishment of a transition office prior to the election and for dissolution of the office if |
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273 | | - | 8.26the incumbent state auditor is reelected or after the inauguration of a new state auditor. |
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274 | | - | 8.27Expenses of the state auditor-elect may include suitable office space and equipment, |
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275 | | - | 8.28communications and technology support, consulting services, compensation and travel |
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276 | | - | 8.29costs, and other reasonable expenses. Compensation rates for temporary employees hired |
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277 | | - | 8.30to support the state auditor-elect and rates paid for consulting services for the state |
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278 | | - | 8.31auditor-elect shall be determined by the state auditor-elect. |
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279 | | - | 8.32 Subd. 3.Unused funds.No new obligations shall be incurred for expenses of the state |
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280 | | - | 8.33auditor-elect after the date of the inauguration. By March 31 of the year of the inauguration, |
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281 | | - | 8Article 2 Sec. 2. |
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282 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 9.1the commissioner shall return to the general contingent account any funds transferred under |
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283 | | - | 9.2this section that the commissioner determines are not needed to pay expenses of the state |
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284 | | - | 9.3auditor-elect. |
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285 | | - | 9.4 Sec. 3. [8.40] EXPENSES OF ATTORNEY GENERAL-ELECT . |
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286 | | - | 9.5 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined have the |
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287 | | - | 9.6meanings given them. |
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288 | | - | 9.7 (b) "Attorney general-elect" means the person who is not currently attorney general and |
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289 | | - | 9.8is the apparent successful candidate for the Office of Attorney General following a general |
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290 | | - | 9.9election. |
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291 | | - | 9.10 (c) "Commissioner" means the commissioner of the Department of Management and |
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292 | | - | 9.11Budget. |
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293 | | - | 9.12 Subd. 2.Transition expenses.In the fiscal year of an election for attorney general and |
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294 | | - | 9.13subject to availability of funds, the commissioner shall transfer up to $75,000 from the |
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295 | | - | 9.14general contingent account in the general fund to the Department of Management and |
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296 | | - | 9.15Budget. This transfer is subject to the review and advice of the Legislative Advisory |
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297 | | - | 9.16Commission pursuant to section 3.30. In consultation with the attorney general-elect, the |
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298 | | - | 9.17commissioner shall use the transferred funds to pay expenses of the attorney general-elect |
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299 | | - | 9.18associated with preparing for the assumption of official duties as attorney general. The |
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300 | | - | 9.19commissioner may use the transferred funds for expenses necessary and prudent for |
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301 | | - | 9.20establishment of a transition office prior to the election and for dissolution of the office if |
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302 | | - | 9.21the incumbent attorney general is reelected or after the inauguration of a new attorney |
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303 | | - | 9.22general. Expenses of the attorney general-elect may include suitable office space and |
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304 | | - | 9.23equipment, communications and technology support, consulting services, compensation |
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305 | | - | 9.24and travel costs, and other reasonable expenses. Compensation rates for temporary employees |
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306 | | - | 9.25hired to support the attorney general-elect and rates paid for consulting services for the |
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307 | | - | 9.26attorney general-elect shall be determined by the attorney general-elect. |
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308 | | - | 9.27 Subd. 3.Unused funds.No new obligations shall be incurred for expenses of the attorney |
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309 | | - | 9.28general-elect after the date of the inauguration. By March 31 of the year of the inauguration, |
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310 | | - | 9.29the commissioner shall return to the general contingent account any funds transferred under |
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311 | | - | 9.30this section that the commissioner determines are not needed to pay expenses of the attorney |
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312 | | - | 9.31general-elect. |
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313 | | - | 9Article 2 Sec. 3. |
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314 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 10.1 Sec. 4. Minnesota Statutes 2024, section 10A.01, subdivision 16a, is amended to read: |
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315 | | - | 10.2 Subd. 16a.Expressly advocating advocates."Expressly advocating advocates" means |
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316 | | - | 10.3that a communication: |
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317 | | - | 10.4 (1) clearly identifies a candidate or a local candidate and uses words or phrases of express |
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318 | | - | 10.5advocacy; or |
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319 | | - | 10.6 (2) when taken as a whole and with limited reference to external events, such as the |
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320 | | - | 10.7proximity to the election, could only be interpreted by a reasonable person as containing |
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321 | | - | 10.8advocacy of the election or defeat of one or more clearly identified candidates because: |
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322 | | - | 10.9 (i) the electoral portion of the communication is unmistakable, unambiguous, and |
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323 | | - | 10.10suggestive of only one meaning; and |
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324 | | - | 10.11 (ii) reasonable minds could not differ as to whether the communication encourages |
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325 | | - | 10.12actions to elect or defeat one or more clearly identified candidates or encourages some other |
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326 | | - | 10.13kind of action. |
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327 | | - | 10.14Sec. 5. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to |
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328 | | - | 10.15read: |
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329 | | - | 10.16 Subd. 16c.Expert witness."Expert witness" means an individual preparing or delivering |
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330 | | - | 10.17testimony or a report consisting of information, data, or professional opinions on which the |
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331 | | - | 10.18individual has particular expertise gained through formal education, professional or |
---|
332 | | - | 10.19occupational training, or experience in a field in which the individual is or has been |
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333 | | - | 10.20employed. |
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334 | | - | 10.21Sec. 6. Minnesota Statutes 2024, section 10A.01, subdivision 18, is amended to read: |
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335 | | - | 10.22 Subd. 18.Independent expenditure.(a) "Independent expenditure" means an expenditure |
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336 | | - | 10.23expressly advocating the election or defeat of a clearly identified candidate or local candidate, |
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337 | | - | 10.24if the expenditure is made without the express or implied consent, authorization, or |
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338 | | - | 10.25cooperation of, and not in concert with or at the request or suggestion of, any candidate or |
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339 | | - | 10.26any candidate's principal campaign committee or agent or any local candidate or local |
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340 | | - | 10.27candidate's agent. and: |
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341 | | - | 10.28 (1) expressly advocates the election or defeat of a clearly identified candidate or local |
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342 | | - | 10.29candidate; or |
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343 | | - | 10Article 2 Sec. 6. |
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344 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 11.1 (2) promotes, supports, attacks, or opposes the nomination, election, or defeat of a clearly |
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345 | | - | 11.2identified candidate or local candidate, regardless of whether the expenditure expressly |
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346 | | - | 11.3advocates for or against a candidate or local candidate. |
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347 | | - | 11.4 (b) An independent expenditure is not a contribution to that candidate or local candidate. |
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348 | | - | 11.5 (c) An independent expenditure does not include the act of announcing a formal public |
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349 | | - | 11.6endorsement of a candidate or local candidate for public office, unless the act is |
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350 | | - | 11.7simultaneously accompanied by an expenditure that would otherwise qualify as an |
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351 | | - | 11.8independent expenditure under this subdivision. |
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352 | | - | 11.9 Sec. 7. Minnesota Statutes 2024, section 10A.01, subdivision 21, is amended to read: |
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353 | | - | 11.10 Subd. 21.Lobbyist.(a) "Lobbyist" means an individual: |
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354 | | - | 11.11 (1) engaged for pay or other consideration of more than $3,000 from all sources in any |
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355 | | - | 11.12year: |
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356 | | - | 11.13 (i) for the purpose of attempting to influence legislative or administrative action, or the |
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357 | | - | 11.14official action of a political subdivision, by communicating with public or local officials; |
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358 | | - | 11.15or |
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359 | | - | 11.16 (ii) from a business whose primary source of revenue is derived from facilitating |
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360 | | - | 11.17government relations or government affairs services if the individual's job duties include |
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361 | | - | 11.18offering direct or indirect consulting or advice that helps the business provide those services |
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362 | | - | 11.19to clients; or |
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363 | | - | 11.20 (2) who spends more than $3,000 of the individual's personal funds, not including the |
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364 | | - | 11.21individual's own traveling expenses and membership dues, in any year for the purpose of |
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365 | | - | 11.22attempting to influence legislative or administrative action, or the official action of a political |
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366 | | - | 11.23subdivision, by communicating with public or local officials. |
---|
367 | | - | 11.24 (b) "Lobbyist" does not include: |
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368 | | - | 11.25 (1) a public official; |
---|
369 | | - | 11.26 (2) an employee of the state, including an employee of any of the public higher education |
---|
370 | | - | 11.27systems; |
---|
371 | | - | 11.28 (3) an elected local official; |
---|
372 | | - | 11.29 (4) a nonelected local official or an employee of a political subdivision acting in an |
---|
373 | | - | 11.30official capacity, unless the nonelected official or employee of a political subdivision spends |
---|
374 | | - | 11.31more than 50 hours in any month attempting to influence legislative or administrative action, |
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375 | | - | 11Article 2 Sec. 7. |
---|
376 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 12.1or the official action of a political subdivision other than the political subdivision employing |
---|
377 | | - | 12.2the official or employee, by communicating or urging others to communicate with public |
---|
378 | | - | 12.3or local officials, including time spent monitoring legislative or administrative action, or |
---|
379 | | - | 12.4the official action of a political subdivision, and related research, analysis, and compilation |
---|
380 | | - | 12.5and dissemination of information relating to legislative or administrative policy in this state, |
---|
381 | | - | 12.6or to the policies of political subdivisions local official or employee spends more than 50 |
---|
382 | | - | 12.7hours in any month attempting to influence legislative or administrative action or the official |
---|
383 | | - | 12.8action of a metropolitan governmental unit, other than a political subdivision employing |
---|
384 | | - | 12.9the official or employee, by communicating with public or local officials; |
---|
385 | | - | 12.10 (5) a party or the party's representative appearing in a proceeding before a state board, |
---|
386 | | - | 12.11commission, or agency of the executive branch unless the board, commission, or agency is |
---|
387 | | - | 12.12taking administrative action; |
---|
388 | | - | 12.13 (6) an individual while engaged in selling goods or services to be paid for by public |
---|
389 | | - | 12.14funds; |
---|
390 | | - | 12.15 (7) a news medium or its employees or agents while engaged in the publishing or |
---|
391 | | - | 12.16broadcasting of news items, editorial comments, or paid advertisements which directly or |
---|
392 | | - | 12.17indirectly urge official action; |
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393 | | - | 12.18 (8) a paid expert witness whose testimony is requested by the body before which the |
---|
394 | | - | 12.19witness is appearing, but only to the extent of preparing or delivering testimony an expert |
---|
395 | | - | 12.20witness who communicates with public or local officials, other than the Public Utilities |
---|
396 | | - | 12.21Commission, if the communication occurs at a public meeting or is made available to the |
---|
397 | | - | 12.22general public; |
---|
398 | | - | 12.23 (9) a party or the party's representative appearing to present a claim to the legislature |
---|
399 | | - | 12.24and communicating to legislators only by the filing of a claim form and supporting documents |
---|
400 | | - | 12.25and by appearing at public hearings on the claim; or |
---|
401 | | - | 12.26 (10) an individual providing information or advice to members of a collective bargaining |
---|
402 | | - | 12.27unit when the unit is actively engaged in the collective bargaining process with a state |
---|
403 | | - | 12.28agency or a political subdivision. |
---|
404 | | - | 12.29 (c) An individual who volunteers personal time to work without pay or other consideration |
---|
405 | | - | 12.30on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause |
---|
406 | | - | 12.31(2), need not register as a lobbyist. |
---|
407 | | - | 12.32 (d) An individual who provides administrative support to a lobbyist and whose salary |
---|
408 | | - | 12.33and administrative expenses attributable to lobbying activities are reported as lobbying |
---|
409 | | - | 12Article 2 Sec. 7. |
---|
410 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 13.1expenses by the lobbyist, but who does not communicate or urge others to communicate |
---|
411 | | - | 13.2with public or local officials, need not register as a lobbyist. |
---|
412 | | - | 13.3 Sec. 8. Minnesota Statutes 2024, section 10A.01, subdivision 24, is amended to read: |
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413 | | - | 13.4 Subd. 24.Metropolitan governmental unit."Metropolitan governmental unit" means |
---|
414 | | - | 13.5any of the seven counties in the metropolitan area as defined in section 473.121, subdivision |
---|
415 | | - | 13.62, a regional railroad authority established by one or more of those counties under section |
---|
416 | | - | 13.7398A.03, a city with a population of over 50,000 located in the seven-county metropolitan |
---|
417 | | - | 13.8area, a county in the metropolitan area as defined in section 473.121, subdivision 2; the |
---|
418 | | - | 13.9Metropolitan Council, or a metropolitan agency as defined in section 473.121, subdivision |
---|
419 | | - | 13.105a; the Metropolitan Parks and Open Space Commission; the Metropolitan Airports |
---|
420 | | - | 13.11Commission; or the Minnesota Sports Facilities Authority. |
---|
421 | | - | 13.12Sec. 9. Minnesota Statutes 2024, section 10A.01, subdivision 26, is amended to read: |
---|
422 | | - | 13.13 Subd. 26.Noncampaign disbursement.(a) "Noncampaign disbursement" means a |
---|
423 | | - | 13.14purchase or payment of money or anything of value made, or an advance of credit incurred, |
---|
424 | | - | 13.15or a donation in kind received, by a principal campaign committee for any of the following |
---|
425 | | - | 13.16purposes: |
---|
426 | | - | 13.17 (1) payment for accounting and legal services related to operating the candidate's |
---|
427 | | - | 13.18campaign committee, serving in office, or security for the candidate or the candidate's |
---|
428 | | - | 13.19immediate family, including but not limited to seeking and obtaining a harassment restraining |
---|
429 | | - | 13.20order; |
---|
430 | | - | 13.21 (2) return of a contribution to the source; |
---|
431 | | - | 13.22 (3) repayment of a loan made to the principal campaign committee by that committee; |
---|
432 | | - | 13.23 (4) return of a public subsidy; |
---|
433 | | - | 13.24 (5) payment for food, beverages, and necessary utensils and supplies, entertainment, |
---|
434 | | - | 13.25and facility rental for a fundraising event; |
---|
435 | | - | 13.26 (6) services for a constituent by a member of the legislature or a constitutional officer |
---|
436 | | - | 13.27in the executive branch as provided in section 10A.173, subdivision 1; |
---|
437 | | - | 13.28 (7) payment for food and beverages consumed by a candidate or volunteers while they |
---|
438 | | - | 13.29are engaged in campaign activities; |
---|
439 | | - | 13.30 (8) payment for food or a beverage consumed while attending a reception or meeting |
---|
440 | | - | 13.31directly related to legislative duties; |
---|
441 | | - | 13Article 2 Sec. 9. |
---|
442 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 14.1 (9) payment of expenses incurred by elected or appointed leaders of a legislative caucus |
---|
443 | | - | 14.2in carrying out their leadership responsibilities; |
---|
444 | | - | 14.3 (10) payment by a principal campaign committee of the candidate's expenses for serving |
---|
445 | | - | 14.4in public office, other than for personal uses; |
---|
446 | | - | 14.5 (11) costs of child care for the candidate's children when campaigning; |
---|
447 | | - | 14.6 (12) fees paid to attend a campaign school; |
---|
448 | | - | 14.7 (13) costs of a postelection party during the election year when a candidate's name will |
---|
449 | | - | 14.8no longer appear on a ballot or the general election is concluded, whichever occurs first; |
---|
450 | | - | 14.9 (14) interest on loans paid by a principal campaign committee on outstanding loans; |
---|
451 | | - | 14.10 (15) filing fees; |
---|
452 | | - | 14.11 (16) post-general election holiday or seasonal cards, thank-you notes, or advertisements |
---|
453 | | - | 14.12in the news media mailed or published prior to the end of the election cycle; |
---|
454 | | - | 14.13 (17) the cost of campaign material purchased to replace defective campaign material, if |
---|
455 | | - | 14.14the defective material is destroyed without being used; |
---|
456 | | - | 14.15 (18) contributions to a party unit; |
---|
457 | | - | 14.16 (19) payments for funeral gifts or memorials; |
---|
458 | | - | 14.17 (20) the cost of a magnet less than six inches in diameter containing legislator contact |
---|
459 | | - | 14.18information and distributed to constituents; |
---|
460 | | - | 14.19 (21) costs associated with a candidate attending a political party state or national |
---|
461 | | - | 14.20convention in this state; |
---|
462 | | - | 14.21 (22) other purchases or payments specified in board rules or advisory opinions as being |
---|
463 | | - | 14.22for any purpose other than to influence the nomination or election of a candidate or to |
---|
464 | | - | 14.23promote or defeat a ballot question; |
---|
465 | | - | 14.24 (23) costs paid to a third party for processing contributions made by a credit card, debit |
---|
466 | | - | 14.25card, or electronic check; |
---|
467 | | - | 14.26 (24) costs paid by a candidate's principal campaign committee to support the candidate's |
---|
468 | | - | 14.27participation in a recount of ballots affecting the candidate's election; |
---|
469 | | - | 14.28 (25) a contribution to a fund established to support a candidate's participation in a recount |
---|
470 | | - | 14.29of ballots affecting that candidate's election; |
---|
471 | | - | 14Article 2 Sec. 9. |
---|
472 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 15.1 (26) costs paid by a candidate's principal campaign committee for a single reception |
---|
473 | | - | 15.2given in honor of the candidate's retirement from public office after the filing period for |
---|
474 | | - | 15.3affidavits of candidacy for that office has closed; |
---|
475 | | - | 15.4 (27) a donation from a terminating principal campaign committee to the state general |
---|
476 | | - | 15.5fund; |
---|
477 | | - | 15.6 (28) a donation from a terminating principal campaign committee to a county obligated |
---|
478 | | - | 15.7to incur special election expenses due to that candidate's resignation from state office; |
---|
479 | | - | 15.8 (29) during a period starting January 1 in the year following a general election and ending |
---|
480 | | - | 15.9on December 31 of the year of general election, total payments of up to $3,000 for |
---|
481 | | - | 15.10detection-related security monitoring expenses for a candidate, including home security |
---|
482 | | - | 15.11hardware, maintenance of home security monitoring hardware, identity theft monitoring |
---|
483 | | - | 15.12services, and credit monitoring services; and |
---|
484 | | - | 15.13 (30) costs paid to repair or replace campaign property that was: (i) lost or stolen, or (ii) |
---|
485 | | - | 15.14damaged or defaced to such a degree that the property no longer serves its intended purpose. |
---|
486 | | - | 15.15For purposes of this clause, campaign property includes but is not limited to campaign lawn |
---|
487 | | - | 15.16signs. The candidate must document the need for these costs in writing or with photographs; |
---|
488 | | - | 15.17and |
---|
489 | | - | 15.18 (31) transition expenses and inaugural event expenses as defined in section 10A.174. |
---|
490 | | - | 15.19 (b) The board must determine whether an activity involves a noncampaign disbursement |
---|
491 | | - | 15.20within the meaning of this subdivision. |
---|
492 | | - | 15.21 (c) A noncampaign disbursement is considered to be made in the year in which the |
---|
493 | | - | 15.22candidate made the purchase of goods or services or incurred an obligation to pay for goods |
---|
494 | | - | 15.23or services. |
---|
495 | | - | 15.24Sec. 10. Minnesota Statutes 2024, section 10A.01, subdivision 35, is amended to read: |
---|
496 | | - | 15.25 Subd. 35.Public official."Public official" means any: |
---|
497 | | - | 15.26 (1) member of the legislature; |
---|
498 | | - | 15.27 (2) individual employed by the legislature as secretary of the senate, legislative auditor, |
---|
499 | | - | 15.28director of the Legislative Budget Office, chief clerk of the house of representatives, revisor |
---|
500 | | - | 15.29of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of |
---|
501 | | - | 15.30Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis |
---|
502 | | - | 15.31Department; |
---|
503 | | - | 15Article 2 Sec. 10. |
---|
504 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 16.1 (3) constitutional officer in the executive branch and the officer's chief administrative |
---|
505 | | - | 16.2deputy; |
---|
506 | | - | 16.3 (4) solicitor general or deputy, assistant, or special assistant attorney general; |
---|
507 | | - | 16.4 (5) commissioner, deputy commissioner, or assistant commissioner of any state |
---|
508 | | - | 16.5department or agency as listed in section 15.01 or 15.06, or the state chief information |
---|
509 | | - | 16.6officer; |
---|
510 | | - | 16.7 (6) member, chief administrative officer, or deputy chief administrative officer of a state |
---|
511 | | - | 16.8board or commission that has either the power to adopt, amend, or repeal rules under chapter |
---|
512 | | - | 16.914, or the power to adjudicate contested cases or appeals under chapter 14; |
---|
513 | | - | 16.10 (7) individual employed in the executive branch who is authorized to adopt, amend, or |
---|
514 | | - | 16.11repeal rules under chapter 14 or adjudicate contested cases under chapter 14; |
---|
515 | | - | 16.12 (8) executive director of the State Board of Investment; |
---|
516 | | - | 16.13 (9) deputy of any official listed in clauses (7) and (8); |
---|
517 | | - | 16.14 (10) judge of the Workers' Compensation Court of Appeals; |
---|
518 | | - | 16.15 (11) administrative law judge or compensation judge in the State Office of Administrative |
---|
519 | | - | 16.16Hearings or unemployment law judge in the Department of Employment and Economic |
---|
520 | | - | 16.17Development; |
---|
521 | | - | 16.18 (12) member, regional administrator, division director, general counsel, or operations |
---|
522 | | - | 16.19manager of the Metropolitan Council; |
---|
523 | | - | 16.20 (13) member or chief administrator of a metropolitan agency; |
---|
524 | | - | 16.21 (14) director of the Division of Alcohol and Gambling Enforcement in the Department |
---|
525 | | - | 16.22of Public Safety; |
---|
526 | | - | 16.23 (15) member or executive director of the Higher Education Facilities Authority; |
---|
527 | | - | 16.24 (16) member of the board of directors or president of Enterprise Minnesota, Inc.; |
---|
528 | | - | 16.25 (17) member of the board of directors or executive director of the Minnesota State High |
---|
529 | | - | 16.26School League; |
---|
530 | | - | 16.27 (18) member of the Minnesota Ballpark Authority established in section 473.755; |
---|
531 | | - | 16.28 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources; |
---|
532 | | - | 16.29 (20) manager of a watershed district, or member of a watershed management organization |
---|
533 | | - | 16.30as defined under section 103B.205, subdivision 13; |
---|
534 | | - | 16Article 2 Sec. 10. |
---|
535 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 17.1 (21) supervisor of a soil and water conservation district; |
---|
536 | | - | 17.2 (22) (20) director of Explore Minnesota Tourism; |
---|
537 | | - | 17.3 (23) (21) citizen member of the Lessard-Sams Outdoor Heritage Council established in |
---|
538 | | - | 17.4section 97A.056; |
---|
539 | | - | 17.5 (24) (22) citizen member of the Clean Water Council established in section 114D.30; |
---|
540 | | - | 17.6 (25) (23) member or chief executive of the Minnesota Sports Facilities Authority |
---|
541 | | - | 17.7established in section 473J.07; |
---|
542 | | - | 17.8 (26) (24) district court judge, appeals court judge, or supreme court justice; |
---|
543 | | - | 17.9 (27) county commissioner; |
---|
544 | | - | 17.10 (28) (25) member of the Greater Minnesota Regional Parks and Trails Commission; |
---|
545 | | - | 17.11 (29) (26) member of the Destination Medical Center Corporation established in section |
---|
546 | | - | 17.12469.41; or |
---|
547 | | - | 17.13 (30) (27) chancellor or member of the Board of Trustees of the Minnesota State Colleges |
---|
548 | | - | 17.14and Universities. |
---|
549 | | - | 17.15Sec. 11. Minnesota Statutes 2024, section 10A.04, subdivision 4, is amended to read: |
---|
550 | | - | 17.16 Subd. 4.Content.(a) A report under this section must include information the board |
---|
551 | | - | 17.17requires from the registration form and the information required by this subdivision for the |
---|
552 | | - | 17.18reporting period. |
---|
553 | | - | 17.19 (b) A lobbyist must report the specific subjects of interest for an entity represented by |
---|
554 | | - | 17.20the lobbyist on each report submitted under this section. A lobbyist must describe a specific |
---|
555 | | - | 17.21subject of interest in the report with enough information to show the particular issue of |
---|
556 | | - | 17.22importance to the entity represented. |
---|
557 | | - | 17.23 (c) A lobbyist must report every state agency that had administrative action that the |
---|
558 | | - | 17.24represented entity sought to influence during the reporting period. The lobbyist must report |
---|
559 | | - | 17.25the specific subjects of interest for each administrative action and the revisor of statutes |
---|
560 | | - | 17.26rule draft number assigned to the administrative rulemaking. |
---|
561 | | - | 17.27 (d) A lobbyist must report every political subdivision that considered official action that |
---|
562 | | - | 17.28the represented entity sought to influence during the reporting period. The lobbyist must |
---|
563 | | - | 17.29report the specific subjects of interest for each action. |
---|
564 | | - | 17.30 (e) A lobbyist must report general lobbying categories and up to four specific subjects |
---|
565 | | - | 17.31of interest related to each general lobbying category on which the lobbyist attempted to |
---|
566 | | - | 17Article 2 Sec. 11. |
---|
567 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 18.1influence legislative action during the reporting period. If the lobbyist attempted to influence |
---|
568 | | - | 18.2legislative action on more than four specific subjects of interest for a general lobbying |
---|
569 | | - | 18.3category, the lobbyist, in consultation with the represented entity, must determine which |
---|
570 | | - | 18.4four specific subjects of interest were the entity's highest priorities during the reporting |
---|
571 | | - | 18.5period and report only those four subjects. |
---|
572 | | - | 18.6 (f) A lobbyist must report the Public Utilities Commission project name for each rate |
---|
573 | | - | 18.7setting, power plant and powerline siting, or granting of certification of need before the |
---|
574 | | - | 18.8Public Utilities Commission that the represented entity sought to influence during the |
---|
575 | | - | 18.9reporting period. |
---|
576 | | - | 18.10 (g) A lobbyist must report the amount and nature of each gift, item, or benefit, excluding |
---|
577 | | - | 18.11contributions to a candidate, equal in value to $5 or more, given or paid to any official, as |
---|
578 | | - | 18.12defined in section 10A.071, subdivision 1, by the lobbyist or an employer or employee of |
---|
579 | | - | 18.13the lobbyist. The list must include the name and address of each official to whom the gift, |
---|
580 | | - | 18.14item, or benefit was given or paid and the date it was given or paid. |
---|
581 | | - | 18.15 (h) A lobbyist must report each original source of money in excess of $500 in any year |
---|
582 | | - | 18.16used for the purpose of lobbying to influence legislative action, administrative action, or |
---|
583 | | - | 18.17the official action of a political subdivision. The list must include the name, address, and |
---|
584 | | - | 18.18employer, or, if self-employed, the occupation and principal place of business, of each payer |
---|
585 | | - | 18.19of money in excess of $500. |
---|
586 | | - | 18.20 (i) On each report, a lobbyist must disclose the general lobbying categories that were |
---|
587 | | - | 18.21lobbied on in the reporting period. |
---|
588 | | - | 18.22 (j) A lobbyist must report each expert witness that the lobbyist requested to communicate |
---|
589 | | - | 18.23with public or local officials as described in section 10A.01, subdivision 21, paragraph (b), |
---|
590 | | - | 18.24clause (8). The lobbyist must report the name of the expert witness; the employer, if any, |
---|
591 | | - | 18.25of the expert witness; the government entity that received the communication from the |
---|
592 | | - | 18.26expert witness; and the specific subject on which the expert witness communicated. The |
---|
593 | | - | 18.27designated lobbyist must also report this information if the expert witness is requested to |
---|
594 | | - | 18.28communicate by the principal or association that the lobbyist represents. |
---|
595 | | - | 18.29Sec. 12. [10A.066] HANDBOOK FOR LOBBYING. |
---|
596 | | - | 18.30 (a) The board must publish on the board's website a handbook for lobbying written in |
---|
597 | | - | 18.31plain language. At a minimum, the handbook must clearly explain: |
---|
598 | | - | 18.32 (1) lobbyist registration requirements, including: |
---|
599 | | - | 18Article 2 Sec. 12. |
---|
600 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 19.1 (i) an explanation of when a person is required to register as a lobbyist and what specific |
---|
601 | | - | 19.2types of activities count toward reaching the dollar amount thresholds in section 10A.01, |
---|
602 | | - | 19.3subdivision 21; and |
---|
603 | | - | 19.4 (ii) how registration requirements apply if a person is employed by a government entity; |
---|
604 | | - | 19.5 (2) which activities and expenses do not count toward the dollar amount thresholds in |
---|
605 | | - | 19.6section 10A.01, subdivision 21, but are required to be reported as lobbying disbursements |
---|
606 | | - | 19.7on a principal's report; and |
---|
607 | | - | 19.8 (3) any differences between lobbying the legislature, the executive branch, a political |
---|
608 | | - | 19.9subdivision, and the Public Utilities Commission. |
---|
609 | | - | 19.10 (b) The board must regularly update the handbook to reflect changes to statutes and |
---|
610 | | - | 19.11rules. In developing and updating the handbook, the board must consult individuals who |
---|
611 | | - | 19.12are registered lobbyists but who are not full-time professional lobbyists, including lobbyists |
---|
612 | | - | 19.13for nonprofit organizations, small organizations, and organizations led by individuals who |
---|
613 | | - | 19.14are Black, Indigenous, and people of color. |
---|
614 | | - | 19.15 EFFECTIVE DATE.This section is effective the day following final enactment, except |
---|
615 | | - | 19.16that the board is not required to publish the handbook until January 15, 2026. |
---|
616 | | - | 19.17Sec. 13. Minnesota Statutes 2024, section 10A.07, subdivision 1, is amended to read: |
---|
617 | | - | 19.18 Subdivision 1.Disclosure of potential conflicts.(a) A public official or a local official |
---|
618 | | - | 19.19elected to or appointed by a metropolitan governmental unit or by a political subdivision |
---|
619 | | - | 19.20who in the discharge of official duties would be required to take an action or make a decision |
---|
620 | | - | 19.21that would substantially affect the official's financial interests or those of an associated |
---|
621 | | - | 19.22business, unless the effect on the official is no greater than on other members of the official's |
---|
622 | | - | 19.23business classification, profession, or occupation, must take the following actions: |
---|
623 | | - | 19.24 (1) prepare a written statement describing the matter requiring action or decision and |
---|
624 | | - | 19.25the nature of the potential conflict of interest; |
---|
625 | | - | 19.26 (2) deliver copies of the statement to the official's immediate superior, if any; and |
---|
626 | | - | 19.27 (3) if a member of the legislature or of the, a governing body of a metropolitan |
---|
627 | | - | 19.28governmental unit, or a political subdivision, deliver a copy of the statement to the presiding |
---|
628 | | - | 19.29officer of the body of service. |
---|
629 | | - | 19.30 If a potential conflict of interest presents itself and there is insufficient time to comply |
---|
630 | | - | 19.31with clauses (1) to (3), the public or local official must orally inform the superior or the |
---|
631 | | - | 19.32official body of service or committee of the body of the potential conflict. |
---|
632 | | - | 19Article 2 Sec. 13. |
---|
633 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 20.1 (b) For purposes of this section, "financial interest" means any ownership or control in |
---|
634 | | - | 20.2an asset that has the potential to produce a monetary return. |
---|
635 | | - | 20.3 Sec. 14. Minnesota Statutes 2024, section 10A.07, subdivision 2, is amended to read: |
---|
636 | | - | 20.4 Subd. 2.Required actions.(a) If the official is not a member of the legislature or of the |
---|
637 | | - | 20.5governing body of a metropolitan governmental unit or by a political subdivision, the superior |
---|
638 | | - | 20.6must assign the matter, if possible, to another employee who does not have a potential |
---|
639 | | - | 20.7conflict of interest. |
---|
640 | | - | 20.8 (b) If there is no immediate superior, the official must abstain, if possible, by assigning |
---|
641 | | - | 20.9the matter to a subordinate for disposition or requesting the appointing authority to designate |
---|
642 | | - | 20.10another to determine the matter. The official shall not chair a meeting, participate in any |
---|
643 | | - | 20.11vote, or offer any motion or discussion on the matter giving rise to the potential conflict of |
---|
644 | | - | 20.12interest. |
---|
645 | | - | 20.13 (c) If the official is a member of the legislature, the house of service may, at the member's |
---|
646 | | - | 20.14request, excuse the member from taking part in the action or decision in question. |
---|
647 | | - | 20.15 (d) If an official is not permitted or is otherwise unable to abstain from action in |
---|
648 | | - | 20.16connection with the matter, the official must file a statement describing the potential conflict |
---|
649 | | - | 20.17and the action taken. A public official must file the statement with the board and a local |
---|
650 | | - | 20.18official must file the statement with the governing body of the official's political subdivision. |
---|
651 | | - | 20.19The statement must be filed within a week of the action taken. |
---|
652 | | - | 20.20Sec. 15. Minnesota Statutes 2024, section 10A.08, subdivision 1, is amended to read: |
---|
653 | | - | 20.21 Subdivision 1.Disclosure required.(a) A public official or elected local official who |
---|
654 | | - | 20.22represents a client for a fee before an individual, board, commission, or agency that has |
---|
655 | | - | 20.23rulemaking authority in a hearing conducted under chapter 14, must disclose the official's |
---|
656 | | - | 20.24participation in the action to the board within 14 days after the public official's initial |
---|
657 | | - | 20.25appearance at a hearing. If the public official fails to disclose the participation by the date |
---|
658 | | - | 20.26that the disclosure was due, the board may impose a late filing fee of $25 per day, not to |
---|
659 | | - | 20.27exceed $1,000, starting on the day after the disclosure was due. The board must send notice |
---|
660 | | - | 20.28by certified mail to a public official who fails to disclose the participation within ten business |
---|
661 | | - | 20.29days after the disclosure was due that the public official may be subject to a civil penalty |
---|
662 | | - | 20.30for failure to disclose the participation. A public official who fails to disclose the participation |
---|
663 | | - | 20.31within seven days after the certified mail notice was sent by the board is subject to a civil |
---|
664 | | - | 20.32penalty imposed by the board of up to $1,000. |
---|
665 | | - | 20Article 2 Sec. 15. |
---|
666 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 21.1 (b) A public official or elected local official required to disclose representation under |
---|
667 | | - | 21.2this section shall provide the following information: name, address, and office held; name |
---|
668 | | - | 21.3and address of each client represented at the hearing; the name of the individual, board, |
---|
669 | | - | 21.4commission, or agency conducting the hearing and the date and location of the initial |
---|
670 | | - | 21.5appearance at the hearing; and a general description of the subject or subjects on which the |
---|
671 | | - | 21.6public official represented the client in the hearing. |
---|
672 | | - | 21.7 Sec. 16. Minnesota Statutes 2024, section 10A.09, subdivision 1, is amended to read: |
---|
673 | | - | 21.8 Subdivision 1.Time for filing.An individual must file a statement of economic interest: |
---|
674 | | - | 21.9 (1) within 60 days of accepting employment as a public official or a local official in a |
---|
675 | | - | 21.10metropolitan governmental unit undertaking the duties of office or accepting employment |
---|
676 | | - | 21.11as a public official or as a local official in a political subdivision or metropolitan |
---|
677 | | - | 21.12governmental unit; |
---|
678 | | - | 21.13 (2) within 60 days of accepting employment by a charter school in a position in which |
---|
679 | | - | 21.14the person has authority to make or recommend major decisions regarding the expenditure |
---|
680 | | - | 21.15or investment of public money; |
---|
681 | | - | 21.16 (3) within 60 days of assuming office as a district court judge, appeals court judge, |
---|
682 | | - | 21.17supreme court justice, or county commissioneror member of a watershed management |
---|
683 | | - | 21.18organization as defined in section 103B.205, subdivision 13; |
---|
684 | | - | 21.19 (3) (4) within 14 days after filing the end of the filing period for a candidate who filed |
---|
685 | | - | 21.20an affidavit of candidacy or petition to appear on the ballot for an elective state constitutional |
---|
686 | | - | 21.21or legislative office or an elective local office in a metropolitan governmental unit other |
---|
687 | | - | 21.22than county commissioner; |
---|
688 | | - | 21.23 (5) in the case of an individual running for a charter school board, at least 14 days before |
---|
689 | | - | 21.24the election; |
---|
690 | | - | 21.25 (6) in the case of an initial member of a charter school board, within 14 days of taking |
---|
691 | | - | 21.26office; |
---|
692 | | - | 21.27 (4) (7) in the case of a public official requiring the advice and consent of the senate, |
---|
693 | | - | 21.28within 14 days after undertaking the duties of office; or |
---|
694 | | - | 21.29 (5) (8) in the case of members of the Minnesota Racing Commission, the director of the |
---|
695 | | - | 21.30Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels, |
---|
696 | | - | 21.31and stewards employed or approved by the commission or persons who fulfill those duties |
---|
697 | | - | 21.32under contract, within 60 days of accepting or assuming duties. |
---|
698 | | - | 21Article 2 Sec. 16. |
---|
699 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 22.1 Sec. 17. Minnesota Statutes 2024, section 10A.09, subdivision 5, is amended to read: |
---|
700 | | - | 22.2 Subd. 5.Form; general requirements.(a) A statement of economic interest required |
---|
701 | | - | 22.3by this section must be on a form prescribed by the board. Except as provided in subdivision |
---|
702 | | - | 22.45b, the individual filing must provide the following information: |
---|
703 | | - | 22.5 (1) the individual's name, address, occupation, and principal place of business; |
---|
704 | | - | 22.6 (2) a listing of the name of each associated business and the nature of that association; |
---|
705 | | - | 22.7 (3) a listing of all real property within the state, excluding homestead property, in which |
---|
706 | | - | 22.8the individual or the individual's spouse holds: (i) a fee simple interest, a mortgage, a contract |
---|
707 | | - | 22.9for deed as buyer or seller, or an option to buy, whether direct or indirect, if the interest is |
---|
708 | | - | 22.10valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value |
---|
709 | | - | 22.11of more than $50,000; |
---|
710 | | - | 22.12 (4) a listing of all real property within the state in which a partnership of which the |
---|
711 | | - | 22.13individual or the individual's spouse is a member holds: (i) a fee simple interest, a mortgage, |
---|
712 | | - | 22.14a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the |
---|
713 | | - | 22.15individual's share of the partnership interest is valued in excess of $2,500; or (ii) an option |
---|
714 | | - | 22.16to buy, if the property has a fair market value of more than $50,000. A listing under this |
---|
715 | | - | 22.17clause or clause (3) must indicate the street address and the municipality or the section, |
---|
716 | | - | 22.18township, range and approximate acreage, whichever applies, and the county in which the |
---|
717 | | - | 22.19property is located; |
---|
718 | | - | 22.20 (5) a listing of any investments, ownership, or interests in property connected with |
---|
719 | | - | 22.21pari-mutuel horse racing in the United States and Canada, including a racehorse, in which |
---|
720 | | - | 22.22the individual directly or indirectly holds a partial or full interest or an immediate family |
---|
721 | | - | 22.23member holds a partial or full interest; |
---|
722 | | - | 22.24 (6) a listing of the principal business or professional activity category of each business |
---|
723 | | - | 22.25from which the individual or the individual's spouse receives more than $250 in any month |
---|
724 | | - | 22.26during the reporting period as an employee, if the individual or the individual's spouse has |
---|
725 | | - | 22.27an ownership interest of 25 percent or more in the business; |
---|
726 | | - | 22.28 (7) a listing of each principal business or professional activity category from which the |
---|
727 | | - | 22.29individual or the individual's spouse received compensation of more than $2,500 in the past |
---|
728 | | - | 22.3012 months as an independent contractor; |
---|
729 | | - | 22.31 (8) a listing of the full name of each security with a value of more than $10,000 owned |
---|
730 | | - | 22.32in part or in full by the individual or the individual's spouse, at any time during the reporting |
---|
731 | | - | 22.33period; and |
---|
732 | | - | 22Article 2 Sec. 17. |
---|
733 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 23.1 (9) for each stock or stock option reported under clause (8), a listing of the date or dates |
---|
734 | | - | 23.2and value as provided in paragraph (h) of each purchase or sale of stock or exercise, sale, |
---|
735 | | - | 23.3or transaction involving the stock option in that entity during the reporting period, regardless |
---|
736 | | - | 23.4of the value of the transaction; |
---|
737 | | - | 23.5 (10) a listing of the full name of each virtual currency with a value of more than $10,000 |
---|
738 | | - | 23.6owned in part or in full by the individual or the individual's spouse at any time during the |
---|
739 | | - | 23.7reporting period; |
---|
740 | | - | 23.8 (11) for each virtual currency reported under clause (10), a listing of the date or dates |
---|
741 | | - | 23.9and value as provided in paragraph (h) of each purchase or sale of that virtual currency |
---|
742 | | - | 23.10during the reporting period, regardless of the value of the purchase or sale; and |
---|
743 | | - | 23.11 (12) a listing of any contract, professional license, lease, or franchise that: |
---|
744 | | - | 23.12 (i) is held by the individual or the individual's spouse or any business in which the |
---|
745 | | - | 23.13individual has an ownership interest of 25 percent or more; and |
---|
746 | | - | 23.14 (ii) is entered into with, or issued by, the government agency on which the individual |
---|
747 | | - | 23.15serves as a public or local official. |
---|
748 | | - | 23.16 (b) The business or professional categories for purposes of paragraph (a), clauses (6) |
---|
749 | | - | 23.17and (7), must be the general topic headings used by the federal Internal Revenue Service |
---|
750 | | - | 23.18for purposes of reporting self-employment income on Schedule C. This paragraph does not |
---|
751 | | - | 23.19require an individual to report any specific code number from that schedule. Any additional |
---|
752 | | - | 23.20principal business or professional activity category may only be adopted if the category is |
---|
753 | | - | 23.21enacted by law. |
---|
754 | | - | 23.22 (c) For the purpose of calculating the amount of compensation received from any single |
---|
755 | | - | 23.23source in a single month, the amount shall include the total amount received from the source |
---|
756 | | - | 23.24during the month, whether or not the amount covers compensation for more than one month. |
---|
757 | | - | 23.25 (d) For the purpose of determining the value of an individual's interest in real property, |
---|
758 | | - | 23.26the value of the property is the market value shown on the property tax statement. |
---|
759 | | - | 23.27 (e) For the purpose of this section, "date of appointment" means the effective date of |
---|
760 | | - | 23.28appointment to a position. |
---|
761 | | - | 23.29 (f) For the purpose of this section, "accepting employment as a public official" means |
---|
762 | | - | 23.30the effective date of the appointment to the position, as stated in the appointing authority's |
---|
763 | | - | 23.31notice to the board. |
---|
764 | | - | 23Article 2 Sec. 17. |
---|
765 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 24.1 (g) The listings required in paragraph (a), clauses (3) to (9) (12), must not identify |
---|
766 | | - | 24.2whether the individual or the individual's spouse is associated with or owns the listed item. |
---|
767 | | - | 24.3 (h) For the purposes of paragraph (a), clauses (9) and (11), the statement must allow the |
---|
768 | | - | 24.4filer to select one of the following ranges for each reported purchase, sale, exercise, or |
---|
769 | | - | 24.5transaction: |
---|
770 | | - | 24.6 (1) $1 to $10,000; |
---|
771 | | - | 24.7 (2) $10,001 to $50,000; |
---|
772 | | - | 24.8 (3) $50,001 to $100,000; |
---|
773 | | - | 24.9 (4) $100,001 to $250,000; |
---|
774 | | - | 24.10 (5) $250,001 to $500,000; |
---|
775 | | - | 24.11 (6) $500,001 to $1,000,000; |
---|
776 | | - | 24.12 (7) $1,000,001 to $5,000,000; |
---|
777 | | - | 24.13 (8) $5,000,001 to $25,000,000; |
---|
778 | | - | 24.14 (9) $25,000,001 to $50,000,000; and |
---|
779 | | - | 24.15 (10) over $50,000,000. |
---|
780 | | - | 24.16Sec. 18. Minnesota Statutes 2024, section 10A.09, subdivision 5a, is amended to read: |
---|
781 | | - | 24.17 Subd. 5a.Original statement; reporting period.(a) An original statement of economic |
---|
782 | | - | 24.18interest required under subdivision 1, clause (1), must cover the calendar month before the |
---|
783 | | - | 24.19month in which the individual accepted employment as a public official or a local official |
---|
784 | | - | 24.20in a metropolitan governmental unit. (4), must cover the calendar month before the month |
---|
785 | | - | 24.21in which the candidate filed the affidavit of candidacy. An original statement of economic |
---|
786 | | - | 24.22interest required under subdivision 1, clause (5), must cover the month before the month in |
---|
787 | | - | 24.23which the candidates' names are provided to eligible voters in accordance with section |
---|
788 | | - | 24.24124E.07, subdivision 5, paragraph (d). In all other cases an original statement of economic |
---|
789 | | - | 24.25interest must cover the calendar month before the month in which the individual assumed |
---|
790 | | - | 24.26the duties of office or accepted the position that required the filing of the statement. |
---|
791 | | - | 24.27 (b) An original statement of economic interest required under subdivision 1, clauses (2), |
---|
792 | | - | 24.28(4), and (5), must cover the calendar month before the month in which the individual assumed |
---|
793 | | - | 24.29or undertook the duties of office. |
---|
794 | | - | 24Article 2 Sec. 18. |
---|
795 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 25.1 (c) An original statement of economic interest required under subdivision 1, clause (3), |
---|
796 | | - | 25.2must cover the calendar month before the month in which the candidate filed the affidavit |
---|
797 | | - | 25.3of candidacy. |
---|
798 | | - | 25.4 Sec. 19. Minnesota Statutes 2024, section 10A.09, subdivision 6a, is amended to read: |
---|
799 | | - | 25.5 Subd. 6a.Place of filing.A public official required to file a statement under this section |
---|
800 | | - | 25.6must file it with the board. A county commissioner, soil and water conservation district |
---|
801 | | - | 25.7supervisor, manager of a watershed district, or member of a watershed management |
---|
802 | | - | 25.8organization as defined in section 103B.205, subdivision 13, must file the statement with |
---|
803 | | - | 25.9the board. A local candidate or local official required to file a statement under this section |
---|
804 | | - | 25.10must file it with the governing body of the official's political subdivision. The governing |
---|
805 | | - | 25.11body must maintain statements filed with it under this subdivision as public data. If an |
---|
806 | | - | 25.12official position is defined as both a public official and as a local official of a metropolitan |
---|
807 | | - | 25.13governmental unit under this chapter, the official must file the statement with the board. |
---|
808 | | - | 25.14Sec. 20. [10A.174] INAUGURAL EVENT AND TRANSITION EXPENSES. |
---|
809 | | - | 25.15 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
---|
810 | | - | 25.16the meanings given. |
---|
811 | | - | 25.17 (b) "Inaugural event expenses" means expenses incurred for any event related to the |
---|
812 | | - | 25.18individual's inauguration held between the date of the general election at which an individual |
---|
813 | | - | 25.19is elected to a statewide office and January 31 of the year in which the officeholder takes |
---|
814 | | - | 25.20office. In the event that an individual fills a vacancy in a constitutional office, "inaugural |
---|
815 | | - | 25.21event expenses" means expenses incurred for any event related to the individual's |
---|
816 | | - | 25.22inauguration between the time that it was confirmed that the individual would assume the |
---|
817 | | - | 25.23constitutional office and the date four weeks after the individual is sworn into office. |
---|
818 | | - | 25.24 (c) "Transition expenses" means expenses incurred in preparing for the assumption of |
---|
819 | | - | 25.25official duties as governor, lieutenant governor, secretary of state, state auditor, or attorney |
---|
820 | | - | 25.26general. Expenses include but are not limited to establishment of a transition office, the |
---|
821 | | - | 25.27dissolution of the office, office space and equipment, communications and technology |
---|
822 | | - | 25.28support, consulting services, compensation and travel costs, and other reasonable expenses. |
---|
823 | | - | 25.29Transition expenses do not include expenses that are incurred after the officeholder takes |
---|
824 | | - | 25.30office. |
---|
825 | | - | 25.31 Subd. 2.Inaugural event and transition expenses; contributions.A candidate or a |
---|
826 | | - | 25.32candidate's principal campaign committee must not solicit or accept any contributions for |
---|
827 | | - | 25Article 2 Sec. 20. |
---|
828 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 26.1or make any expenditure for inaugural event expenses or transition expenses except through |
---|
829 | | - | 26.2the candidate's principal campaign committee or as otherwise prescribed by law. |
---|
830 | | - | 26.3 Sec. 21. Minnesota Statutes 2024, section 10A.175, is amended by adding a subdivision |
---|
831 | | - | 26.4to read: |
---|
832 | | - | 26.5 Subd. 5a.Disbursement."Disbursement" means a purchase or payment subject to this |
---|
833 | | - | 26.6chapter made by any person. |
---|
834 | | - | 26.7 Sec. 22. Minnesota Statutes 2024, section 10A.176, is amended to read: |
---|
835 | | - | 26.8 10A.176 COORDINATED EXPENDITURES. |
---|
836 | | - | 26.9 Subdivision 1.Definition; scope.An expenditure described in this section that expressly |
---|
837 | | - | 26.10advocates for the election of the candidate or the defeat of the candidate's opponent is a |
---|
838 | | - | 26.11coordinated expenditure and is not independent under section 10A.01, subdivision 18. A |
---|
839 | | - | 26.12disbursement is a coordinated expenditure and is not independent under section 10A.01, |
---|
840 | | - | 26.13subdivision 18, where it: |
---|
841 | | - | 26.14 (1) satisfies at least one of the content standards in subdivision 1a; and |
---|
842 | | - | 26.15 (2) satisfies at least one of the conduct standards in subdivisions 2 to 8. |
---|
843 | | - | 26.16 Subd. 1a.Content standards.A disbursement for any of the content outlined in this |
---|
844 | | - | 26.17subdivision satisfies the content standard of this section if it is: |
---|
845 | | - | 26.18 (1) a communication that expressly advocates for the election or defeat of the candidate, |
---|
846 | | - | 26.19as defined under section 10A.01, subdivision 16a; |
---|
847 | | - | 26.20 (2) a communication that promotes, supports, attacks, or opposes the nomination, election, |
---|
848 | | - | 26.21or defeat of the clearly identified candidate; or |
---|
849 | | - | 26.22 (3) an electioneering communication, as defined under section 10A.201. |
---|
850 | | - | 26.23 Subd. 2.Conduct standard; fundraising.(a) An expenditure is a coordinated |
---|
851 | | - | 26.24expenditure A disbursement satisfies the conduct standard of this section if the expenditure |
---|
852 | | - | 26.25disbursement is made on or after January 1 of the year the office will appear on the ballot |
---|
853 | | - | 26.26by a spender for which the candidate, on or after January 1 of the year the office will appear |
---|
854 | | - | 26.27on the ballot, has engaged in fundraising of money that is not general treasury money, as |
---|
855 | | - | 26.28defined in section 10A.01, subdivision 17c, of the spender. |
---|
856 | | - | 26.29 (b) For purposes of this subdivision, candidate fundraising includes: |
---|
857 | | - | 26Article 2 Sec. 22. |
---|
858 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 27.1 (1) soliciting or collecting money for or to the spender that is not general treasury money; |
---|
859 | | - | 27.2and |
---|
860 | | - | 27.3 (2) appearing for the spender as a speaker at an event raising money that is not general |
---|
861 | | - | 27.4treasury money. |
---|
862 | | - | 27.5 (c) This subdivision does not apply to a candidate's fundraising on behalf of a party unit. |
---|
863 | | - | 27.6 Subd. 3.Conduct standard; relationship with spender.An expenditure is a coordinated |
---|
864 | | - | 27.7expenditure A disbursement satisfies the conduct standard of this section if the expenditure |
---|
865 | | - | 27.8disbursement is made on or after January 1 of the year the office will appear on the ballot |
---|
866 | | - | 27.9by a spender that: |
---|
867 | | - | 27.10 (1) is not a party unit; and |
---|
868 | | - | 27.11 (2) is an association, political committee, political fund, independent expenditure political |
---|
869 | | - | 27.12committee, or independent expenditure political fund, in which the candidate was a |
---|
870 | | - | 27.13chairperson, deputy chairperson, treasurer, or deputy treasurer on or after January 1 of the |
---|
871 | | - | 27.14year the office will appear on the ballot. |
---|
872 | | - | 27.15 Subd. 4.Conduct standard; consulting services.(a) An expenditure is a coordinated |
---|
873 | | - | 27.16expenditure A disbursement satisfies the conduct standard of this section if the expenditure |
---|
874 | | - | 27.17disbursement is made during an election segment for consulting services from a consultant |
---|
875 | | - | 27.18who has also provided consulting services to the candidate or the candidate's opponent |
---|
876 | | - | 27.19during that same election segment. |
---|
877 | | - | 27.20 (b) This subdivision does not apply when the following conditions are met: |
---|
878 | | - | 27.21 (1) the consultant assigns separate personnel to the spender and the candidate; |
---|
879 | | - | 27.22 (2) the consultant has a written policy that describes the measures that the consultant |
---|
880 | | - | 27.23has taken to prohibit the flow of information between the personnel providing services to |
---|
881 | | - | 27.24the spender and the personnel providing services to the candidate; |
---|
882 | | - | 27.25 (3) the written policy has been distributed to all personnel and clients covered by the |
---|
883 | | - | 27.26policy, including the candidate and the spender; |
---|
884 | | - | 27.27 (4) the consultant has implemented the measures described in the written policy; and |
---|
885 | | - | 27.28 (5) no information has been shared between the spender and the personnel that provided |
---|
886 | | - | 27.29services to the spender and the candidate and the personnel providing services to the |
---|
887 | | - | 27.30candidate. |
---|
888 | | - | 27.31 Subd. 5.Conduct standard; receiving information not publicly available.An |
---|
889 | | - | 27.32expenditure is a coordinated expenditure A disbursement satisfies the conduct standard of |
---|
890 | | - | 27Article 2 Sec. 22. |
---|
891 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 28.1this section if the expenditure disbursement is made after the spender receives from the |
---|
892 | | - | 28.2candidate information that is not publicly available regarding the candidate's campaign |
---|
893 | | - | 28.3plans, strategy, or needs. |
---|
894 | | - | 28.4 Subd. 6.Conduct standard; spender-provided information.An expenditure is a |
---|
895 | | - | 28.5coordinated expenditure A disbursement satisfies the conduct standard of this section if the |
---|
896 | | - | 28.6expenditure disbursement is made when: |
---|
897 | | - | 28.7 (1) the spender provides information to the candidate regarding the expenditure's |
---|
898 | | - | 28.8disbursement's contents, intended audience, timing, location or mode, volume, or frequency; |
---|
899 | | - | 28.9and |
---|
900 | | - | 28.10 (2) the information is provided to the candidate before the expenditure disbursement is |
---|
901 | | - | 28.11communicated to the public. |
---|
902 | | - | 28.12 Subd. 7.Conduct standard; candidate's participation.An expenditure is a coordinated |
---|
903 | | - | 28.13expenditure A disbursement satisfies the conduct standard of this section if the expenditure |
---|
904 | | - | 28.14disbursement is made with the candidate's participation in the following: |
---|
905 | | - | 28.15 (1) any of the processes required for the creation and development of the expenditure |
---|
906 | | - | 28.16disbursement, including budgeting decisions, media design, acquisition of graphics and |
---|
907 | | - | 28.17text, production, and distribution of the final product; or |
---|
908 | | - | 28.18 (2) any decision regarding the content, timing, location, intended audience, volume of |
---|
909 | | - | 28.19distribution, or frequency of the expenditure disbursement. |
---|
910 | | - | 28.20 Subd. 8.Conduct standard; instructions or directions from candidate.A disbursement |
---|
911 | | - | 28.21satisfies the conduct standard of this section if the disbursement is materially consistent |
---|
912 | | - | 28.22with instructions or directions from a candidate regarding the making of disbursements, |
---|
913 | | - | 28.23regardless of whether the instructions or directions are publicly available. The factors the |
---|
914 | | - | 28.24board must consider in determining whether a disbursement is consistent with instructions |
---|
915 | | - | 28.25or directions from a candidate under this clause include but are not limited to: |
---|
916 | | - | 28.26 (1) noticeable placement of instructions or directions on a discrete webpage or portion |
---|
917 | | - | 28.27of a webpage containing one or more other factors identified in this paragraph; |
---|
918 | | - | 28.28 (2) whether the instructions or directions include language indicating that information |
---|
919 | | - | 28.29should be communicated to others or indicates information is intended for voters, including |
---|
920 | | - | 28.30but not limited to the phrase "voters need to know"; |
---|
921 | | - | 28.31 (3) whether the instructions or directions include targeted audience information, such |
---|
922 | | - | 28.32as specific demographics or the location of intended or suggested recipients; |
---|
923 | | - | 28Article 2 Sec. 22. |
---|
924 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 29.1 (4) whether the instructions or directions include suggested methods of communication, |
---|
925 | | - | 29.2including indications that recipients need to hear, see, see on the go, or receive information |
---|
926 | | - | 29.3in other similar manners; and |
---|
927 | | - | 29.4 (5) whether there are additional documents linked to the instructions or directions to |
---|
928 | | - | 29.5provide verification that the recommended messaging would be effective. |
---|
929 | | - | 29.6 Sec. 23. Minnesota Statutes 2024, section 10A.177, is amended to read: |
---|
930 | | - | 29.7 10A.177 NONCOORDINA TED EXPENDITURES DISBURSEMENTS . |
---|
931 | | - | 29.8 (a) Any of the following actions, taken alone, do not establish that an expenditure a |
---|
932 | | - | 29.9disbursement made by the spender is coordinated with the candidate: |
---|
933 | | - | 29.10 (1) a candidate asks a spender not to make any expenditure to support the candidate or |
---|
934 | | - | 29.11oppose the candidate's opponent or any disbursement for an electioneering communication |
---|
935 | | - | 29.12that references the candidate or the candidate's opponent; |
---|
936 | | - | 29.13 (2) a candidate provides to a spender names of potential donors, as long as the spender |
---|
937 | | - | 29.14does not state or suggest to the candidate that funds received from use of the donor list will |
---|
938 | | - | 29.15be used for independent expenditures to benefit the candidate; |
---|
939 | | - | 29.16 (3) an expenditure a disbursement uses a photograph, video, or audio recording obtained |
---|
940 | | - | 29.17from a publicly available source or public event; |
---|
941 | | - | 29.18 (4) an expenditure a disbursement uses information obtained from a biography, position |
---|
942 | | - | 29.19paper, press release, or similar material about the candidate from a publicly available source |
---|
943 | | - | 29.20or public event; |
---|
944 | | - | 29.21 (5) the spender contributes to the candidate, makes an in-kind donation to the candidate, |
---|
945 | | - | 29.22or endorses the candidate; |
---|
946 | | - | 29.23 (6) an expenditure a disbursement includes a hyperlink to the candidate's website or |
---|
947 | | - | 29.24social media page; |
---|
948 | | - | 29.25 (7) an expenditure a disbursement appears in a news story, commentary, or editorial |
---|
949 | | - | 29.26distributed through the facilities of any broadcasting station, newspaper, magazine, or other |
---|
950 | | - | 29.27periodical publication by any broadcasting station, including a cable or streaming television |
---|
951 | | - | 29.28operator, programmer, or producer; website; newspaper; magazine; or other periodical |
---|
952 | | - | 29.29publication, including any Internet or electronic publication. If the facility is owned or |
---|
953 | | - | 29.30controlled by any political party, political committee, or candidate, the news story must: |
---|
954 | | - | 29.31 (i) represent a bona fide news account communicated in a publication of general |
---|
955 | | - | 29.32circulation or on a licensed broadcasting facility; and |
---|
956 | | - | 29Article 2 Sec. 23. |
---|
957 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 30.1 (ii) be part of a general pattern of campaign-related news accounts that give reasonably |
---|
958 | | - | 30.2equal coverage to all opposing candidates in the circulation or listening area; |
---|
959 | | - | 30.3 (8) the spender discusses the candidate's position on a legislative or policy matter with |
---|
960 | | - | 30.4the candidate. This clause includes the sending, completion, and return of a survey conducted |
---|
961 | | - | 30.5by the spender to determine whether to endorse the candidate; or |
---|
962 | | - | 30.6 (9) the spender invites the candidate to appear before the spender's members, employees, |
---|
963 | | - | 30.7or shareholders, including the candidate's participation in the event, unless the event promotes |
---|
964 | | - | 30.8the election of the candidate or the defeat of the candidate's opponent, or the candidate |
---|
965 | | - | 30.9requests or accepts campaign contributions at the event. |
---|
966 | | - | 30.10 (b) Paragraph (a), clause (4), does not apply to publicly available instructions or directions |
---|
967 | | - | 30.11from a candidate regarding the making of expenditures under section 10A.176, subdivision |
---|
968 | | - | 30.128. |
---|
969 | | - | 30.13Sec. 24. Minnesota Statutes 2024, section 10A.20, is amended by adding a subdivision to |
---|
970 | | - | 30.14read: |
---|
971 | | - | 30.15 Subd. 5a.Report on personal contributions.A candidate for constitutional or legislative |
---|
972 | | - | 30.16office that makes a contribution or loan to the candidate's principal campaign committee |
---|
973 | | - | 30.17that, in aggregate, exceeds the amount permitted by section 10A.27, subdivision 10, must |
---|
974 | | - | 30.18report the contribution or loan to the board by the next business day. A candidate must file |
---|
975 | | - | 30.19a new report each time that the reporting threshold is exceeded during an election cycle |
---|
976 | | - | 30.20segment. |
---|
977 | | - | 30.21Sec. 25. Minnesota Statutes 2024, section 10A.201, subdivision 6, is amended to read: |
---|
978 | | - | 30.22 Subd. 6.Electioneering communication.(a) "Electioneering communication" means |
---|
979 | | - | 30.23any broadcast, cable, satellite, telephone, or digital communication that: |
---|
980 | | - | 30.24 (1) refers to a clearly identified candidate for state office; |
---|
981 | | - | 30.25 (2) is publicly distributed within 60 days before a general election for the office sought |
---|
982 | | - | 30.26by the candidate, within 30 days before a after the start of the absentee voting period prior |
---|
983 | | - | 30.27to the state or special primary election for the office sought by the candidate when the office |
---|
984 | | - | 30.28sought will be on the general or special election ballot through the date of the general or |
---|
985 | | - | 30.29special election for that office, or within 30 days before a convention of a political party |
---|
986 | | - | 30.30unit that has authority to endorse a candidate for the office sought by the candidate; and |
---|
987 | | - | 30.31 (3) is targeted to the relevant electorate. |
---|
988 | | - | 30Article 2 Sec. 25. |
---|
989 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 31.1 (b) A communication is not an electioneering communication if it: |
---|
990 | | - | 31.2 (1) is publicly disseminated through a means of communication other than a broadcast, |
---|
991 | | - | 31.3cable, satellite television, or radio station, by telephone, in a digital format online, or by |
---|
992 | | - | 31.4other electronic means; |
---|
993 | | - | 31.5 (2) appears in a news story, commentary, or editorial distributed through the facilities |
---|
994 | | - | 31.6of any broadcast, cable, or satellite television or radio station, unless such facilities are |
---|
995 | | - | 31.7owned or controlled by any political party, political committee, or candidate, provided that |
---|
996 | | - | 31.8a news story distributed through a broadcast, cable, or satellite television or radio station |
---|
997 | | - | 31.9owned or controlled by any political party, political committee, or candidate is not an |
---|
998 | | - | 31.10electioneering communication if the news story meets the requirements described in Code |
---|
999 | | - | 31.11of Federal Regulations, title 11, section 100.132 (a) and (b); |
---|
1000 | | - | 31.12 (3) constitutes an expenditure or independent expenditure, provided that the expenditure |
---|
1001 | | - | 31.13or independent expenditure is required to be reported under this chapter; |
---|
1002 | | - | 31.14 (4) constitutes a candidate debate or forum, or that solely promotes such a debate or |
---|
1003 | | - | 31.15forum and is made by or on behalf of the person sponsoring the debate or forum; |
---|
1004 | | - | 31.16 (5) is paid for by a candidate; |
---|
1005 | | - | 31.17 (6) is a noncommercial solicitation for the purposes of opinion research, including but |
---|
1006 | | - | 31.18not limited to opinion research designed for understanding the impact of exposure to political |
---|
1007 | | - | 31.19messages and content, provided that the solicitation is not designed to influence respondents' |
---|
1008 | | - | 31.20views by presenting biased or manipulative content under the guise of it being an opinion |
---|
1009 | | - | 31.21poll, survey, or other form of scientific data collection; or |
---|
1010 | | - | 31.22 (7) is a communication disseminated by telephone, in a digital format online, or by other |
---|
1011 | | - | 31.23electronic means that the recipient has affirmatively and voluntarily consented to receive |
---|
1012 | | - | 31.24from the sender. |
---|
1013 | | - | 31.25Sec. 26. Minnesota Statutes 2024, section 10A.202, subdivision 4, is amended to read: |
---|
1014 | | - | 31.26 Subd. 4.Disclaimer required.An electioneering communication must include a |
---|
1015 | | - | 31.27disclaimer in the same manner as required for campaign material under as required by |
---|
1016 | | - | 31.28section 211B.04, subdivision 1, paragraph (c) 2a. |
---|
1017 | | - | 31Article 2 Sec. 26. |
---|
1018 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 32.1 Sec. 27. Minnesota Statutes 2024, section 10A.36, is amended to read: |
---|
1019 | | - | 32.2 10A.36 REPRISALS PROHIBITED; PENALTY. |
---|
1020 | | - | 32.3 (a) An employer, individual, or association must not engage in economic reprisals or |
---|
1021 | | - | 32.4threaten loss of employment or physical coercion against an individual or association because |
---|
1022 | | - | 32.5of that individual's or association's: |
---|
1023 | | - | 32.6 (1) political contributions or political activity including for becoming a candidate or |
---|
1024 | | - | 32.7local candidate for elected public office, unless precluded by other law; or |
---|
1025 | | - | 32.8 (2) refusal to communicate with public or local officials to influence a decision about a |
---|
1026 | | - | 32.9legislative or administrative action or the official action of a political subdivision. |
---|
1027 | | - | 32.10 (b) This subdivision section does not apply to compensation for employment or, loss of |
---|
1028 | | - | 32.11employment if, or economic reprisals: |
---|
1029 | | - | 32.12 (1) if the political affiliation or viewpoint of the employee is a bona fide occupational |
---|
1030 | | - | 32.13qualification of the employment; or |
---|
1031 | | - | 32.14 (2) for communications described in paragraph (a), clause (2), if the individual's |
---|
1032 | | - | 32.15responsibilities, through employment or contract, include communicating with public or |
---|
1033 | | - | 32.16local officials. |
---|
1034 | | - | 32.17 (c) An individual or association injured by a violation of this section may bring a civil |
---|
1035 | | - | 32.18action in district court for damages, injunctive relief, costs and reasonable attorney fees, |
---|
1036 | | - | 32.19and any other relief the court deems just and equitable, including reinstatement of |
---|
1037 | | - | 32.20employment. |
---|
1038 | | - | 32.21 (d) An employer, individual, or association that violates this section is guilty of a gross |
---|
1039 | | - | 32.22misdemeanor. The board may refer a violation of this section to the appropriate county |
---|
1040 | | - | 32.23attorney. |
---|
1041 | | - | 32.24 (e) For purposes of this section, "employer" means a person or entity that employs one |
---|
1042 | | - | 32.25or more employees and includes an individual, corporation, partnership, association, business, |
---|
1043 | | - | 32.26trust, nonprofit organization, group of persons, legislature, judicial branch, state, county, |
---|
1044 | | - | 32.27town, city, school district, or other governmental subdivision. |
---|
1045 | | - | 32.28 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to violations |
---|
1046 | | - | 32.29committed on or after that date and to causes of action accruing on or after that date. |
---|
1047 | | - | 32Article 2 Sec. 27. |
---|
1048 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 33.1 Sec. 28. [10A.52] MAJOR DECISION OF NONELECTED LOCAL OFFICIALS. |
---|
1049 | | - | 33.2 Subdivision 1.Major decision regarding the expenditure of public money.(a) |
---|
1050 | | - | 33.3Attempting to influence a nonelected local official is lobbying if the nonelected local official |
---|
1051 | | - | 33.4may make, recommend, or vote on as a member of the political subdivision's governing |
---|
1052 | | - | 33.5body, a major decision regarding an expenditure or investment of public money. |
---|
1053 | | - | 33.6 (b) The mere act of submitting an application for a grant or responding to a request for |
---|
1054 | | - | 33.7proposals is not lobbying. Communications of a purely administerial or technical nature |
---|
1055 | | - | 33.8regarding the submission of a grant application or response to requests for proposals are |
---|
1056 | | - | 33.9not lobbying. |
---|
1057 | | - | 33.10 Subd. 2.Actions that are a major decision regarding public funds.A major decision |
---|
1058 | | - | 33.11regarding the expenditure or investment of public money includes but is not limited to a |
---|
1059 | | - | 33.12decision on: |
---|
1060 | | - | 33.13 (1) the development and ratification of operating and capital budgets of a political |
---|
1061 | | - | 33.14subdivision, including development of the budget request for an office or department within |
---|
1062 | | - | 33.15the political subdivision; |
---|
1063 | | - | 33.16 (2) whether to apply for or accept state, federal, or private grant funding; |
---|
1064 | | - | 33.17 (3) selecting recipients for government grants from the political subdivision; or |
---|
1065 | | - | 33.18 (4) tax abatement, tax increment financing, or expenditures on public infrastructure used |
---|
1066 | | - | 33.19to support private housing or business developments. |
---|
1067 | | - | 33.20 Subd. 3.Actions that are not a major decision.A major decision regarding the |
---|
1068 | | - | 33.21expenditure of public money does not include: |
---|
1069 | | - | 33.22 (1) the purchase of goods or services with public funds in the operating or capital budget |
---|
1070 | | - | 33.23of a political subdivision; |
---|
1071 | | - | 33.24 (2) collective bargaining of a labor contract on behalf of a political subdivision; or |
---|
1072 | | - | 33.25 (3) participating in discussions with a party or a party's representative regarding litigation |
---|
1073 | | - | 33.26between the party and the political subdivision of the local official. |
---|
1074 | | - | 33.27Sec. 29. Minnesota Statutes 2024, section 124E.03, is amended by adding a subdivision |
---|
1075 | | - | 33.28to read: |
---|
1076 | | - | 33.29 Subd. 11.Statement of economic interest.Members of charter school boards and |
---|
1077 | | - | 33.30persons employed as charter school directors and chief administrators are subject to the |
---|
1078 | | - | 33.31requirements of section 10A.09. |
---|
1079 | | - | 33Article 2 Sec. 29. |
---|
1080 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 34.1 Sec. 30. Minnesota Statutes 2024, section 211A.02, subdivision 1, is amended to read: |
---|
1081 | | - | 34.2 Subdivision 1.When and where filed by committees or candidates.(a) A committee |
---|
1082 | | - | 34.3or a candidate who receives contributions or makes disbursements of more than $750 in a |
---|
1083 | | - | 34.4calendar year shall submit an initial report to the filing officer within 14 days after the |
---|
1084 | | - | 34.5candidate or committee receives or makes disbursements of more than $750 and must |
---|
1085 | | - | 34.6continue to make the reports required by this subdivision until a final report is filed. |
---|
1086 | | - | 34.7 (b) In a year in which a candidate receives contributions or makes disbursements of |
---|
1087 | | - | 34.8more than $750 or the candidate's name appears on the ballot, the candidate must file a |
---|
1088 | | - | 34.9report: |
---|
1089 | | - | 34.10 (1) ten days before the primary or special primary if a primary is held in the jurisdiction, |
---|
1090 | | - | 34.11regardless of whether the candidate is on the primary ballot. If a primary is not conducted, |
---|
1091 | | - | 34.12the report is due ten days before the primary date specified in section 205.065; |
---|
1092 | | - | 34.13 (2) ten days before the general election or special election; and |
---|
1093 | | - | 34.14 (3) 30 days after a general or special election. |
---|
1094 | | - | 34.15The reporting obligations in this paragraph begin with the first report due after the reporting |
---|
1095 | | - | 34.16period in which the candidate reaches the spending threshold specified in paragraph (a). A |
---|
1096 | | - | 34.17candidate who did not file for office is not required to file reports required by this paragraph |
---|
1097 | | - | 34.18that are due after the end of the filing period. A candidate whose name will not be on the |
---|
1098 | | - | 34.19general election ballot is not required to file the reports required by clauses (2) and (3). |
---|
1099 | | - | 34.20 (c) Until a final report is filed, a candidate must file a report by January 31 of each year. |
---|
1100 | | - | 34.21Notwithstanding subdivision 2, clause (4), the report required by this subdivision must only |
---|
1101 | | - | 34.22include the information from the previous calendar year. |
---|
1102 | | - | 34.23Sec. 31. Minnesota Statutes 2024, section 211A.02, subdivision 2, is amended to read: |
---|
1103 | | - | 34.24 Subd. 2.Information required.The report to be filed by a candidate or committee must |
---|
1104 | | - | 34.25include: |
---|
1105 | | - | 34.26 (1) the name of the candidate and office sought; |
---|
1106 | | - | 34.27 (2) the printed name, address, telephone number, signature, and email address, if available, |
---|
1107 | | - | 34.28of the person responsible for filing the report. If the person responsible for filing the report |
---|
1108 | | - | 34.29does not have an email address, the person must include an attestation to that effect; |
---|
1109 | | - | 34.30 (3) the total cash on hand designated to be used for political purposes; |
---|
1110 | | - | 34Article 2 Sec. 31. |
---|
1111 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 35.1 (4) the total amount of contributions received and the total amount of disbursements for |
---|
1112 | | - | 35.2the period from the last previous report to five days before the current report is due; |
---|
1113 | | - | 35.3 (5) if disbursements made to the same vendor exceed $100 in the aggregate during the |
---|
1114 | | - | 35.4period covered by the report, the name and address for the vendor and the amount, date, |
---|
1115 | | - | 35.5and purpose for each disbursement; and |
---|
1116 | | - | 35.6 (6) the name, address, and employer, or occupation if self-employed, of any individual |
---|
1117 | | - | 35.7or entity that during the period covered by the report has made one or more contributions |
---|
1118 | | - | 35.8that in the aggregate exceed $100, and the amount and date of each contribution. The filing |
---|
1119 | | - | 35.9officer must restrict public access to the address of any individual who has made a |
---|
1120 | | - | 35.10contribution that exceeds $100 and who has filed with the filing officer a written statement |
---|
1121 | | - | 35.11signed by the individual that withholding the individual's address from the financial report |
---|
1122 | | - | 35.12is required for the safety of the individual or the individual's family. |
---|
1123 | | - | 35.13Sec. 32. Minnesota Statutes 2024, section 211B.04, subdivision 1, is amended to read: |
---|
1124 | | - | 35.14 Subdivision 1.Campaign material.(a) A person who participates in the preparation or |
---|
1125 | | - | 35.15dissemination of campaign material other than as provided in section 211B.05, subdivision |
---|
1126 | | - | 35.161, that does not prominently include the name and address of the person or committee |
---|
1127 | | - | 35.17causing the material to be prepared or disseminated in a disclaimer substantially in the form |
---|
1128 | | - | 35.18provided in paragraph (b) or (c) is guilty of a misdemeanor. |
---|
1129 | | - | 35.19 (b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared |
---|
1130 | | - | 35.20and Paid for by the ....... committee, ....... (address)" for material prepared and paid for by |
---|
1131 | | - | 35.21a principal campaign committee, or "Prepared and Paid for by the ....... committee, ....... |
---|
1132 | | - | 35.22(address)" for material prepared and paid for by a person or committee other than a principal |
---|
1133 | | - | 35.23campaign committee. The address must be either the committee's mailing address or the |
---|
1134 | | - | 35.24committee's website, if the website includes the committee's mailing address. If the material |
---|
1135 | | - | 35.25is produced and disseminated without cost, the words "paid for" may be omitted from |
---|
1136 | | - | 35.26"Prepared by" may be used in place of "Paid for by" in the disclaimer. Except as required |
---|
1137 | | - | 35.27by paragraph (c), in the case of a candidate's or committee's website or social media page, |
---|
1138 | | - | 35.28the requirements of this subdivision are satisfied for the entire website or social media page |
---|
1139 | | - | 35.29when the disclaimer appears once on the website or social media home page. |
---|
1140 | | - | 35.30 (c) In the case of broadcast audio or video media, including audio or video media posted |
---|
1141 | | - | 35.31on a candidate or principal campaign committee's website, the required form of disclaimer |
---|
1142 | | - | 35.32is: "Paid for by the ....... committee." If the material is produced and broadcast without cost, |
---|
1143 | | - | 35.33the required form of the disclaimer is: "The ....... committee is responsible for the content |
---|
1144 | | - | 35.34of this message." |
---|
1145 | | - | 35Article 2 Sec. 32. |
---|
1146 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 36.1 Sec. 33. Minnesota Statutes 2024, section 211B.04, subdivision 2, is amended to read: |
---|
1147 | | - | 36.2 Subd. 2.Independent expenditures.(a) The required form of the disclaimer on a written |
---|
1148 | | - | 36.3Except in cases covered by paragraph (b), the required form of disclaimer for an independent |
---|
1149 | | - | 36.4expenditure is: "This is an independent expenditure prepared and paid for by ....... (name |
---|
1150 | | - | 36.5of entity participating in the expenditure), ....... (address). It is not coordinated with or |
---|
1151 | | - | 36.6approved by any candidate nor is any candidate responsible for it." The address must be |
---|
1152 | | - | 36.7either the entity's mailing address or the entity's website, if the website includes the entity's |
---|
1153 | | - | 36.8mailing address. When a written independent expenditure is produced and disseminated |
---|
1154 | | - | 36.9without cost, the words "and paid for" may be omitted from the disclaimer. |
---|
1155 | | - | 36.10 (b) The required form of the disclaimer on a broadcast an audio or video media |
---|
1156 | | - | 36.11independent expenditure is: "This independent expenditure is paid for by ....... (name of |
---|
1157 | | - | 36.12entity participating in the expenditure). It is not coordinated with or approved by any |
---|
1158 | | - | 36.13candidate nor is any candidate responsible for it." When a broadcast an audio or video media |
---|
1159 | | - | 36.14independent expenditure is produced and disseminated without cost, the following disclaimer |
---|
1160 | | - | 36.15may be used: "....... (name of entity participating in the expenditure) is responsible for the |
---|
1161 | | - | 36.16contents of this independent expenditure. It is not coordinated with or approved by any |
---|
1162 | | - | 36.17candidate nor is any candidate responsible for it." |
---|
1163 | | - | 36.18Sec. 34. Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision |
---|
1164 | | - | 36.19to read: |
---|
1165 | | - | 36.20 Subd. 2a.Electioneering communication.(a) Except in cases covered by paragraph |
---|
1166 | | - | 36.21(b), the required form of disclaimer for an electioneering communication is: "Paid for by |
---|
1167 | | - | 36.22....... (name of entity participating in the communication), ....... (address). It is not coordinated |
---|
1168 | | - | 36.23with or approved by any candidate nor is any candidate responsible for it." The address |
---|
1169 | | - | 36.24must be either the entity's mailing address or the entity's website, if the website includes |
---|
1170 | | - | 36.25the entity's mailing address. When an electioneering communication is produced and |
---|
1171 | | - | 36.26disseminated without cost, the words "Prepared by" may be used in place of "Paid for by" |
---|
1172 | | - | 36.27in the disclaimer. |
---|
1173 | | - | 36.28 (b) The required form of the disclaimer on an audio or video media electioneering |
---|
1174 | | - | 36.29communication is: " paid for by ....... (name of entity participating in the communication). |
---|
1175 | | - | 36.30It is not coordinated with or approved by any candidate nor is any candidate responsible |
---|
1176 | | - | 36.31for it." When an audio or video media electioneering communication is produced and |
---|
1177 | | - | 36.32disseminated without cost, the following disclaimer may be used: "....... (name of entity |
---|
1178 | | - | 36.33participating in the expenditure) is responsible for the contents of this communication. It is |
---|
1179 | | - | 36.34not coordinated with or approved by any candidate nor is any candidate responsible for it." |
---|
1180 | | - | 36Article 2 Sec. 34. |
---|
1181 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 37.1 Sec. 35. Minnesota Statutes 2024, section 211B.04, subdivision 3, is amended to read: |
---|
1182 | | - | 37.2 Subd. 3.Material that does not need a disclaimer.(a) This section does not apply to |
---|
1183 | | - | 37.3fundraising tickets, business cards, personal letters, or similar items that are clearly being |
---|
1184 | | - | 37.4distributed by the candidate. |
---|
1185 | | - | 37.5 (b) This section does not apply to an individual or association that is not required to |
---|
1186 | | - | 37.6register or report under chapter 10A or 211A. |
---|
1187 | | - | 37.7 (c) This section does not apply to the following: |
---|
1188 | | - | 37.8 (1) bumper stickers, pins, buttons, pens, or similar small items on which the disclaimer |
---|
1189 | | - | 37.9cannot be conveniently printed; |
---|
1190 | | - | 37.10 (2) skywriting, wearing apparel, or other means of displaying an advertisement of such |
---|
1191 | | - | 37.11a nature that the inclusion of a disclaimer would be impracticable; and |
---|
1192 | | - | 37.12 (3) online banner ads and similar electronic communications that for which it would be |
---|
1193 | | - | 37.13technologically infeasible. In this case, the communication must state the name of the person |
---|
1194 | | - | 37.14who paid for, or in the case of a communication that is produced and disseminated without |
---|
1195 | | - | 37.15cost, who is responsible for the communication and link directly to an online page that |
---|
1196 | | - | 37.16includes only the disclaimer. The person who paid for or is responsible for the communication |
---|
1197 | | - | 37.17must, at the request of the Campaign Finance and Public Disclosure Board or the Office of |
---|
1198 | | - | 37.18Administrative Hearings, demonstrate why it was technologically infeasible to include a |
---|
1199 | | - | 37.19disclaimer in the form required by subdivision 1, 2, or 2a. |
---|
1200 | | - | 37.20 (d) This section does not modify or repeal section 211B.06. |
---|
1201 | | - | 37.21Sec. 36. Minnesota Statutes 2024, section 211B.04, subdivision 5, is amended to read: |
---|
1202 | | - | 37.22 Subd. 5.Font size.For written communications other than an outdoor sign, website, or |
---|
1203 | | - | 37.23social media page, (a) Except as provided in paragraphs (b) and (c), the disclaimer must be |
---|
1204 | | - | 37.24printed in 8-point font or larger with sufficient color contrast to be reasonably legible. |
---|
1205 | | - | 37.25 (b) For an outdoor sign, the font of the disclaimer must be a height of at least five percent |
---|
1206 | | - | 37.26of the vertical height of the sign with sufficient color contrast to be reasonably legible. |
---|
1207 | | - | 37.27 (c) For websites and social media, the font of the disclaimer must be displayed large |
---|
1208 | | - | 37.28enough and with sufficient color contrast to be reasonably legible. |
---|
1209 | | - | 37.29 EFFECTIVE DATE; APPLICATION.Paragraph (b) applies to outdoor signs printed |
---|
1210 | | - | 37.30on or after January 1, 2026. |
---|
1211 | | - | 37Article 2 Sec. 36. |
---|
1212 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 38.1 Sec. 37. [211B.065] MISREPRESENTATION OF CAMPAIGN AUTHORITY. |
---|
1213 | | - | 38.2 Subdivision 1.Misrepresentation prohibited.(a) A person must not: |
---|
1214 | | - | 38.3 (1) misrepresent the person or any committee or organization as speaking or writing or |
---|
1215 | | - | 38.4otherwise acting for or on behalf of any real, potential, spurious, or nonexistent candidate, |
---|
1216 | | - | 38.5political party, committee, fund, or organization with the intent to defraud; or |
---|
1217 | | - | 38.6 (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, |
---|
1218 | | - | 38.7or design to violate clause (1). |
---|
1219 | | - | 38.8 (b) A person must not: |
---|
1220 | | - | 38.9 (1) misrepresent the person as speaking, writing, or otherwise acting for or on behalf of |
---|
1221 | | - | 38.10any real, potential, spurious, or nonexistent candidate, political party, committee, fund, or |
---|
1222 | | - | 38.11organization or employee or agent of any such candidate, political party, or political |
---|
1223 | | - | 38.12committee or organization when soliciting money or any other thing of value with the intent |
---|
1224 | | - | 38.13to defraud; or |
---|
1225 | | - | 38.14 (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, |
---|
1226 | | - | 38.15or design to violate clause (1). |
---|
1227 | | - | 38.16 Subd. 2.Criminal penalties; civil remedies.(a) Except as otherwise provided, a person |
---|
1228 | | - | 38.17who violates this section is guilty of a gross misdemeanor. |
---|
1229 | | - | 38.18 (b) The attorney general, a county attorney, or a party injured by a violation of subdivision |
---|
1230 | | - | 38.191 may bring a civil action pursuant to section 8.31 to recover damages, together with costs |
---|
1231 | | - | 38.20of investigation and reasonable attorney fees, and receive other equitable relief as determined |
---|
1232 | | - | 38.21by the court. An action brought by an injured party under section 8.31, subdivision 3a, |
---|
1233 | | - | 38.22benefits the public. In addition to all other damages, the court may impose a civil penalty |
---|
1234 | | - | 38.23of up to $1,000 for each violation. |
---|
1235 | | - | 38.24 (c) Civil remedies allowable under this section are cumulative and do not restrict any |
---|
1236 | | - | 38.25other right or remedy otherwise available. The complaint process provided in sections |
---|
1237 | | - | 38.26211B.31 to 211B.36 does not apply to violations of this section. |
---|
1238 | | - | 38.27 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
1239 | | - | 38.28committed on or after that date and causes of action accruing on or after that date. |
---|
1240 | | - | 38.29Sec. 38. [211B.066] DISTRIBUTION OF ABSENTEE BALLOT APPLICATIONS |
---|
1241 | | - | 38.30AND SAMPLE BALLOTS. |
---|
1242 | | - | 38.31 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
---|
1243 | | - | 38.32the meanings given. |
---|
1244 | | - | 38Article 2 Sec. 38. |
---|
1245 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 39.1 (b) "Person or entity" means any individual, committee, or association as defined in |
---|
1246 | | - | 39.2section 10A.01, subdivision 6. |
---|
1247 | | - | 39.3 (c) "Sample ballot" means a document that is formatted and printed in a manner that so |
---|
1248 | | - | 39.4closely resembles an official ballot that it could lead a reasonable person to believe the |
---|
1249 | | - | 39.5document is an official ballot. A document that contains the names of particular candidates |
---|
1250 | | - | 39.6or ballot questions alongside illustrations of a generic ballot or common ballot markings is |
---|
1251 | | - | 39.7not a sample ballot as long as the document does not closely resemble an official ballot and |
---|
1252 | | - | 39.8would not lead a reasonable person to believe the document is an official ballot. |
---|
1253 | | - | 39.9 Subd. 2.Requirements.(a) Except as otherwise provided in this paragraph, any person |
---|
1254 | | - | 39.10or entity that mails an absentee ballot application or sample ballot to anyone in the state |
---|
1255 | | - | 39.11must comply with this section. This section does not apply to a unit of government or |
---|
1256 | | - | 39.12employee of that unit of government when discharging official election duties. |
---|
1257 | | - | 39.13 (b) The person or entity mailing the absentee ballot application or sample ballot must |
---|
1258 | | - | 39.14include the following statement: "This mailing is not an official election communication |
---|
1259 | | - | 39.15from a unit of government. This [absentee ballot application or sample ballot] has not been |
---|
1260 | | - | 39.16included at the request of a government official." If a sample ballot is enclosed, the statement |
---|
1261 | | - | 39.17must also include the following: "This is a sample ballot, not an official ballot. You cannot |
---|
1262 | | - | 39.18cast the enclosed sample ballot." |
---|
1263 | | - | 39.19 (c) The statement required in paragraph (b) must be printed in a typeface and format |
---|
1264 | | - | 39.20designed to be clearly visible at the time the mailing is opened. The person or entity sending |
---|
1265 | | - | 39.21the sample ballot or absentee ballot application must include the person or entity's name |
---|
1266 | | - | 39.22and street address in the return address position on the mailing envelope. |
---|
1267 | | - | 39.23 (d) If an absentee ballot application is included, the application fields must be blank and |
---|
1268 | | - | 39.24must not include the voter's name, address, or any other required information. |
---|
1269 | | - | 39.25Notwithstanding this subdivision, the county auditor or municipal clerk must not reject an |
---|
1270 | | - | 39.26absentee ballot application solely because of the inclusion of printed information on the |
---|
1271 | | - | 39.27application. |
---|
1272 | | - | 39.28 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
1273 | | - | 39.29Sec. 39. Minnesota Statutes 2024, section 211B.13, is amended to read: |
---|
1274 | | - | 39.30 211B.13 BRIBERY, TREATING, AND SOLICITATION. |
---|
1275 | | - | 39.31 Subdivision 1.Bribery, advancing money, and treating prohibited.(a) A person who |
---|
1276 | | - | 39.32is guilty of a felony if the person willfully, directly or indirectly, advances, pays, gives, |
---|
1277 | | - | 39.33promises, provides a chance to win, or lends any money, food, liquor, clothing, entertainment, |
---|
1278 | | - | 39Article 2 Sec. 39. |
---|
1279 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 40.1or other thing of monetary value, or who offers, promises, or endeavors to obtain any money, |
---|
1280 | | - | 40.2position, appointment, employment, or other valuable consideration, to or for a person, in |
---|
1281 | | - | 40.3order to induce: |
---|
1282 | | - | 40.4 (1) a voter to vote, to refrain from voting, or to vote in a particular way, at an election, |
---|
1283 | | - | 40.5is guilty of a felony; |
---|
1284 | | - | 40.6 (2) an individual to register to vote; or |
---|
1285 | | - | 40.7 (3) a registered or eligible voter to sign a petition that is directly related to an election |
---|
1286 | | - | 40.8during the period beginning on the first day of the absentee voting period for that election |
---|
1287 | | - | 40.9and ending on election day. |
---|
1288 | | - | 40.10 (b) This section does not prevent a candidate from stating publicly preference for or |
---|
1289 | | - | 40.11support of another candidate to be voted for at the same primary or election. Refreshments |
---|
1290 | | - | 40.12of Food or, nonalcoholic beverages, or items having a value up to $5 are not prohibited |
---|
1291 | | - | 40.13under this section if consumed on the premises at a private gathering or public meeting are |
---|
1292 | | - | 40.14not prohibited under this section or if offered on equal terms to individuals without regard |
---|
1293 | | - | 40.15to whether the recipient takes a specified action. |
---|
1294 | | - | 40.16 Subd. 2.Certain solicitations prohibited.A person may not knowingly solicit, receive, |
---|
1295 | | - | 40.17or accept any money, property, or other thing of monetary value, or a promise or, pledge, |
---|
1296 | | - | 40.18or opportunity to win any of these that is a disbursement prohibited by this section or section |
---|
1297 | | - | 40.19211B.15. |
---|
1298 | | - | 40.20 Subd. 3.Civil enforcement.In addition to other remedies, the attorney general or county |
---|
1299 | | - | 40.21attorney may enforce this section pursuant to section 8.31. |
---|
1300 | | - | 40.22 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
---|
1301 | | - | 40.23committed on or after that date. |
---|
1302 | | - | 40.24Sec. 40. Minnesota Statutes 2024, section 211B.32, subdivision 1, is amended to read: |
---|
1303 | | - | 40.25 Subdivision 1.Administrative remedy; exhaustion.(a) Except as provided in paragraphs |
---|
1304 | | - | 40.26(b) and (c), a complaint alleging a violation of chapter 211A or 211B must be filed with the |
---|
1305 | | - | 40.27office. The complaint must be finally disposed of by the office before the alleged violation |
---|
1306 | | - | 40.28may be prosecuted by a county attorney. |
---|
1307 | | - | 40.29 (b) Complaints arising under those sections and related to those individuals and |
---|
1308 | | - | 40.30associations specified in section 10A.022, subdivision 3, must be filed with the Campaign |
---|
1309 | | - | 40.31Finance and Public Disclosure Board. |
---|
1310 | | - | 40Article 2 Sec. 40. |
---|
1311 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 41.1 (c) Violations of sections 211B.065, 211B.075, and 211B.076 may be enforced as |
---|
1312 | | - | 41.2provided in those sections. |
---|
1313 | | - | 41.3 Sec. 41. Minnesota Statutes 2024, section 211B.32, subdivision 4, is amended to read: |
---|
1314 | | - | 41.4 Subd. 4.Proof of claim.The burden of proving the allegations in the complaint is on |
---|
1315 | | - | 41.5the complainant. The standard of proof of a violation of section 211B.06, relating to false |
---|
1316 | | - | 41.6statements in paid political advertising or campaign material, is clear and convincing |
---|
1317 | | - | 41.7evidence. The standard of proof of any other a violation of chapter 211A or 211B is a |
---|
1318 | | - | 41.8preponderance of the evidence. |
---|
1319 | | - | 41.9 Sec. 42. Minnesota Statutes 2024, section 211B.35, subdivision 2, is amended to read: |
---|
1320 | | - | 41.10 Subd. 2.Disposition of complaint.The panel must determine whether the violation |
---|
1321 | | - | 41.11alleged in the complaint occurred and must make at least one of the following dispositions: |
---|
1322 | | - | 41.12 (a) The panel may dismiss the complaint. |
---|
1323 | | - | 41.13 (b) The panel may issue a reprimand. |
---|
1324 | | - | 41.14 (c) The panel may find that a statement made in a paid advertisement or campaign |
---|
1325 | | - | 41.15material violated section 211B.06. |
---|
1326 | | - | 41.16 (d) The panel may impose a civil penalty of up to $5,000 for any violation of chapter |
---|
1327 | | - | 41.17211A or 211B. |
---|
1328 | | - | 41.18 (e) (d) The panel may refer the complaint to the appropriate county attorney. |
---|
1329 | | - | 41.19Sec. 43. Minnesota Statutes 2024, section 383B.041, subdivision 5, is amended to read: |
---|
1330 | | - | 41.20 Subd. 5.Economic interest disclosure; Special School District No. 1.Every candidate |
---|
1331 | | - | 41.21for school board in Special School District No. 1, Minneapolis, must file an original statement |
---|
1332 | | - | 41.22of economic interest with the school district within 14 days of the filing of an affidavit or |
---|
1333 | | - | 41.23petition to appear on the ballot the end of the candidate filing period. An elected official in |
---|
1334 | | - | 41.24Special School District No. 1, Minneapolis, must file the annual statement required in section |
---|
1335 | | - | 41.2510A.09, subdivision 6, with the school district for every year that the individual serves in |
---|
1336 | | - | 41.26office. An original and annual statement must contain the information listed in section |
---|
1337 | | - | 41.2710A.09, subdivision 5. The provisions of section 10A.09, subdivisions 6a, 7, and 9, apply |
---|
1338 | | - | 41.28to statements required under this subdivision. |
---|
1339 | | - | 41Article 2 Sec. 43. |
---|
1340 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 42.1 Sec. 44. CAMPAIGN SPENDING LIMITS STUDY. |
---|
1341 | | - | 42.2 The Campaign Finance and Public Disclosure Board must study the voluntary campaign |
---|
1342 | | - | 42.3spending limits as provided in this section. By January 15, 2026, the board must report to |
---|
1343 | | - | 42.4the chairs and ranking minority members of the legislative committees with jurisdiction |
---|
1344 | | - | 42.5over the board with its findings and recommendations. At a minimum, the board must study |
---|
1345 | | - | 42.6and report on: |
---|
1346 | | - | 42.7 (1) the number of candidates that participate in the public subsidy program, broken down |
---|
1347 | | - | 42.8by office; |
---|
1348 | | - | 42.9 (2) the number of candidates that do not participate in the public subsidy program, broken |
---|
1349 | | - | 42.10down by office; |
---|
1350 | | - | 42.11 (3) historic trend data for the past ten years for the information in clauses (1) and (2); |
---|
1351 | | - | 42.12 (4) for candidates that do not participate in the public subsidy program, how much the |
---|
1352 | | - | 42.13candidate and the candidate's opponent spent and how much is spent on independent |
---|
1353 | | - | 42.14expenditures in the race; |
---|
1354 | | - | 42.15 (5) how other states set voluntary campaign spending limits, including: |
---|
1355 | | - | 42.16 (i) if other states distinguish between highly contested races and other races in the amount |
---|
1356 | | - | 42.17of funding provided or spending allowed; |
---|
1357 | | - | 42.18 (ii) if other states have an automatic inflator on the subsidies and limits; and |
---|
1358 | | - | 42.19 (iii) the level of candidate participation over time in the programs; and |
---|
1359 | | - | 42.20 (6) any recommendations the board has regarding the current public subsidy program |
---|
1360 | | - | 42.21in Minnesota and whether the current spending limits are appropriate. |
---|
1361 | | - | 42.22 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1362 | | - | 42.23Sec. 45. RULEMAKING. |
---|
1363 | | - | 42.24 The Campaign Finance and Public Disclosure Board must amend Minnesota Rules, part |
---|
1364 | | - | 42.254503.0900, to conform to the requirements of Minnesota Statutes, section 10A.174, regarding |
---|
1365 | | - | 42.26transition expenses. The board may use the good cause exemption under Minnesota Statutes, |
---|
1366 | | - | 42.27section 14.388, for purposes of this section. |
---|
1367 | | - | 42.28Sec. 46. REPEALER. |
---|
1368 | | - | 42.29 (a) Minnesota Statutes 2024, sections 211B.04, subdivision 4; 211B.06; and 211B.08, |
---|
1369 | | - | 42.30are repealed. |
---|
1370 | | - | 42Article 2 Sec. 46. |
---|
1371 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 43.1 (b) Minnesota Rules, part 4503.2000, subpart 2, is repealed. |
---|
1372 | | - | 43.2 (c) Minnesota Rules, part 4511.1100, is repealed. |
---|
1373 | | - | 43.3 EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment. |
---|
1374 | | - | 43.4 Sec. 47. EFFECTIVE DATE. |
---|
1375 | | - | 43.5 Unless otherwise provided, this article is effective January 1, 2026. |
---|
1376 | | - | 43.6 ARTICLE 3 |
---|
1377 | | - | 43.7 ELECTION POLICY |
---|
1378 | | - | 43.8 Section 1. Minnesota Statutes 2024, section 201.054, subdivision 1, is amended to read: |
---|
1379 | | - | 43.9 Subdivision 1.Registration.(a) An individual may register to vote or update a voter |
---|
1380 | | - | 43.10registration: |
---|
1381 | | - | 43.11 (1) at any time before the 20th day preceding any election as provided in section 201.061, |
---|
1382 | | - | 43.12subdivision 1; |
---|
1383 | | - | 43.13 (2) on the day of an election as provided in section 201.061, subdivision 3; or |
---|
1384 | | - | 43.14 (3) when submitting an absentee ballot, by enclosing a completed registration application |
---|
1385 | | - | 43.15as provided in section 203B.04, subdivision 4. |
---|
1386 | | - | 43.16 (b) An individual who is under the age of 18, but who is at least 16 years of age and |
---|
1387 | | - | 43.17otherwise eligible, may submit a voter registration application as provided in section 201.061, |
---|
1388 | | - | 43.18subdivisions 1 and 1b. |
---|
1389 | | - | 43.19Sec. 2. Minnesota Statutes 2024, section 201.054, subdivision 2, is amended to read: |
---|
1390 | | - | 43.20 Subd. 2.Prohibitions; penalty.No An individual shall must not intentionally: |
---|
1391 | | - | 43.21 (1) cause or attempt to cause the individual's name to be registered in any precinct if the |
---|
1392 | | - | 43.22individual is not eligible to vote, except as permitted by section 201.061, subdivision 1b; |
---|
1393 | | - | 43.23 (2) cause or attempt to cause the individual's name to be registered for the purpose of |
---|
1394 | | - | 43.24voting in more than one precinct; |
---|
1395 | | - | 43.25 (3) misrepresent the individual's identity when attempting to register to vote or to update |
---|
1396 | | - | 43.26a registration; or |
---|
1397 | | - | 43.27 (4) aid, abet, counsel, or procure any other individual to violate this subdivision. |
---|
1398 | | - | 43.28 A violation of this subdivision is a felony. |
---|
1399 | | - | 43Article 3 Sec. 2. |
---|
1400 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 44.1 Sec. 3. Minnesota Statutes 2024, section 201.056, is amended to read: |
---|
1401 | | - | 44.2 201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. |
---|
1402 | | - | 44.3 An individual who is unable to write the individual's name shall be required to must |
---|
1403 | | - | 44.4sign a registration application in the manner provided by section 645.44, subdivision 14. If |
---|
1404 | | - | 44.5the individual registers in person and signs by making a mark, the clerk or election judge |
---|
1405 | | - | 44.6accepting the registration shall or update must certify the mark by signing the individual's |
---|
1406 | | - | 44.7name. If the individual registers or updates a registration by mail and signs by making a |
---|
1407 | | - | 44.8mark, the mark shall must be certified by having a voter registered in the individual's precinct |
---|
1408 | | - | 44.9sign the individual's name and the voter's own name and give the voter's own address. |
---|
1409 | | - | 44.10Sec. 4. Minnesota Statutes 2024, section 201.061, subdivision 1, is amended to read: |
---|
1410 | | - | 44.11 Subdivision 1.Prior to election day.(a) At any time except during the 20 days |
---|
1411 | | - | 44.12immediately preceding any regularly scheduled election, an eligible voter or any individual |
---|
1412 | | - | 44.13who will be an eligible voter at the time of the next election may register or update a |
---|
1413 | | - | 44.14registration to vote in the precinct in which the voter maintains residence by completing a |
---|
1414 | | - | 44.15voter registration application as described in section 201.071, subdivision 1. A completed |
---|
1415 | | - | 44.16application may be submitted: |
---|
1416 | | - | 44.17 (1) in person or by mail to the county auditor of that county or to the Secretary of State's |
---|
1417 | | - | 44.18Office; or |
---|
1418 | | - | 44.19 (2) electronically through a secure website that shall must be maintained by the secretary |
---|
1419 | | - | 44.20of state for this purpose, if the applicant has an email address and provides the applicant's |
---|
1420 | | - | 44.21verifiable Minnesota driver's license number, Minnesota state identification card number, |
---|
1421 | | - | 44.22or the last four digits of the applicant's Social Security number. |
---|
1422 | | - | 44.23 (b) A registration or update to a registration that is received in person or by mail no later |
---|
1423 | | - | 44.24than 5:00 p.m. on the 21st day preceding any election, or a registration or update to a |
---|
1424 | | - | 44.25registration received electronically through the secretary of state's secure website no later |
---|
1425 | | - | 44.26than 11:59 p.m. on the 21st day preceding any election, shall must be accepted. An |
---|
1426 | | - | 44.27improperly addressed or delivered registration application shall must be forwarded within |
---|
1427 | | - | 44.28two working days after receipt to the county auditor of the county where the voter maintains |
---|
1428 | | - | 44.29residence. A state or local agency or an individual that accepts completed voter registration |
---|
1429 | | - | 44.30applications from a voter must submit the completed applications to the secretary of state |
---|
1430 | | - | 44.31or the appropriate county auditor within ten calendar days after the applications are dated |
---|
1431 | | - | 44.32by the voter. |
---|
1432 | | - | 44Article 3 Sec. 4. |
---|
1433 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 45.1 (c) An application submitted electronically under paragraph (a), clause (2), may only |
---|
1434 | | - | 45.2be transmitted to the county auditor for processing if the secretary of state has verified the |
---|
1435 | | - | 45.3application information matches the information in a government database associated with |
---|
1436 | | - | 45.4the applicant's driver's license number, state identification card number, or Social Security |
---|
1437 | | - | 45.5number. The secretary of state must review all unverifiable voter registration applications |
---|
1438 | | - | 45.6submitted electronically for evidence of suspicious activity and must forward any such |
---|
1439 | | - | 45.7application to an appropriate law enforcement agency for investigation. |
---|
1440 | | - | 45.8 (d) An individual may not electronically submit a voter registration application on behalf |
---|
1441 | | - | 45.9of any other individual, except that the secretary of state may provide features on the secure |
---|
1442 | | - | 45.10website established under paragraph (a), clause (2), that allow third parties to connect |
---|
1443 | | - | 45.11application programming interfaces that facilitate an individual's submission of voter |
---|
1444 | | - | 45.12registration information while interacting with the third party. |
---|
1445 | | - | 45.13 (e) For purposes of this section, mail registration is defined as a voter registration |
---|
1446 | | - | 45.14application delivered to the secretary of state, county auditor, or municipal clerk by the |
---|
1447 | | - | 45.15United States Postal Service or a commercial carrier. |
---|
1448 | | - | 45.16Sec. 5. Minnesota Statutes 2024, section 201.061, subdivision 3, is amended to read: |
---|
1449 | | - | 45.17 Subd. 3.Election day registration.(a) An individual who is eligible to vote may register |
---|
1450 | | - | 45.18or update a registration on election day by appearing in person at the polling place for the |
---|
1451 | | - | 45.19precinct in which the individual maintains residence, by completing a registration application, |
---|
1452 | | - | 45.20making an oath in the form prescribed by the secretary of state and providing proof of |
---|
1453 | | - | 45.21residence. An individual may prove residence for purposes of registering or updating a |
---|
1454 | | - | 45.22registration by: |
---|
1455 | | - | 45.23 (1) presenting a driver's license or Minnesota identification card issued pursuant to |
---|
1456 | | - | 45.24section 171.07; |
---|
1457 | | - | 45.25 (2) presenting any document approved by the secretary of state as proper identification; |
---|
1458 | | - | 45.26 (3) presenting a current student fee statement that contains the student's valid address |
---|
1459 | | - | 45.27in the precinct together with a picture identification card; or |
---|
1460 | | - | 45.28 (4) having a voter who is registered to vote in the precinct, or an employee who provides |
---|
1461 | | - | 45.29proof that they are employed by and working in a residential facility in the precinct and |
---|
1462 | | - | 45.30vouching for a resident in the facility, sign an oath in the presence of the election judge |
---|
1463 | | - | 45.31vouching that the voter or employee personally knows that the individual is a resident of |
---|
1464 | | - | 45.32the precinct. A voter who has been vouched for on election day may not sign a proof of |
---|
1465 | | - | 45.33residence oath vouching for any other individual on that election day. A voter who is |
---|
1466 | | - | 45Article 3 Sec. 5. |
---|
1467 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 46.1registered to vote in the precinct may sign up to eight proof-of-residence oaths on any |
---|
1468 | | - | 46.2election day. This limitation does not apply to an employee of a residential facility described |
---|
1469 | | - | 46.3in this clause. The secretary of state shall provide a form for election judges to use in |
---|
1470 | | - | 46.4recording the number of individuals for whom a voter signs proof-of-residence oaths on |
---|
1471 | | - | 46.5election day. The form must include space for the maximum number of individuals for |
---|
1472 | | - | 46.6whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form |
---|
1473 | | - | 46.7must include a statement that the individual: (i) is registered to vote in the precinct or is an |
---|
1474 | | - | 46.8employee of a residential facility in the precinct, (ii) personally knows that the voter is a |
---|
1475 | | - | 46.9resident of the precinct, and (iii) is making the statement on oath. The form must include a |
---|
1476 | | - | 46.10space for the voter's printed name, signature, telephone number, and address. |
---|
1477 | | - | 46.11 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be |
---|
1478 | | - | 46.12attached to the voter registration application. |
---|
1479 | | - | 46.13 (b) The operator of a residential facility shall prepare a list of the names of its employees |
---|
1480 | | - | 46.14currently working in the residential facility and the address of the residential facility. The |
---|
1481 | | - | 46.15operator shall certify the list and provide it to the appropriate county auditor no less than |
---|
1482 | | - | 46.1620 days before each election for use in election day registration. |
---|
1483 | | - | 46.17 (c) (b) "Residential facility" means transitional housing as defined in section 256K.48, |
---|
1484 | | - | 46.18subdivision 1; a supervised living facility licensed by the commissioner of health under |
---|
1485 | | - | 46.19section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision |
---|
1486 | | - | 46.205; an assisted living facility licensed by the commissioner of health under chapter 144G; a |
---|
1487 | | - | 46.21veterans home operated by the board of directors of the Minnesota Veterans Homes under |
---|
1488 | | - | 46.22chapter 198; a residence licensed by the commissioner of human services to provide a |
---|
1489 | | - | 46.23residential program as defined in section 245A.02, subdivision 14; a residential facility for |
---|
1490 | | - | 46.24persons with a developmental disability licensed by the commissioner of human services |
---|
1491 | | - | 46.25under section 252.28; setting authorized to provide housing support as defined in section |
---|
1492 | | - | 46.26256I.03, subdivision 10a; a shelter for battered women as defined in section 611A.37, |
---|
1493 | | - | 46.27subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to |
---|
1494 | | - | 46.28provide temporary living accommodations for the homeless; a facility where a provider |
---|
1495 | | - | 46.29operates a residential treatment program as defined in section 245.462, subdivision 23; or |
---|
1496 | | - | 46.30a facility where a provider operates an adult foster care program as defined in section |
---|
1497 | | - | 46.31245A.02, subdivision 6c. |
---|
1498 | | - | 46.32 (d) (c) For tribal band members, an individual may prove residence for purposes of |
---|
1499 | | - | 46.33registering or updating a registration by: |
---|
1500 | | - | 46Article 3 Sec. 5. |
---|
1501 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 47.1 (1) presenting an identification card issued by the tribal government of a tribe recognized |
---|
1502 | | - | 47.2by the Bureau of Indian Affairs, United States Department of the Interior, that contains the |
---|
1503 | | - | 47.3name, address, signature, and picture of the individual; or |
---|
1504 | | - | 47.4 (2) presenting an identification card issued by the tribal government of a tribe recognized |
---|
1505 | | - | 47.5by the Bureau of Indian Affairs, United States Department of the Interior, that contains the |
---|
1506 | | - | 47.6name, signature, and picture of the individual and also presenting one of the documents |
---|
1507 | | - | 47.7listed in Minnesota Rules, part 8200.5100, subpart 2, item B. |
---|
1508 | | - | 47.8 (e) (d) A county, school district, or municipality may require that an election judge |
---|
1509 | | - | 47.9responsible for election day registration initial each completed registration application. |
---|
1510 | | - | 47.10 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1511 | | - | 47.11Sec. 6. Minnesota Statutes 2024, section 201.061, subdivision 3a, is amended to read: |
---|
1512 | | - | 47.12 Subd. 3a.Additional proofs of residence permitted for students.(a) If an eligible |
---|
1513 | | - | 47.13voter's name; student identification number, if available; and address within the precinct |
---|
1514 | | - | 47.14appear on a current residential housing list under section 135A.17 certified to the county |
---|
1515 | | - | 47.15auditor by the postsecondary educational institution, the voter may prove residence by |
---|
1516 | | - | 47.16presenting a current valid photo identification issued by a postsecondary educational |
---|
1517 | | - | 47.17institution in Minnesota; identification authorized in subdivision 3, paragraph (a), clause |
---|
1518 | | - | 47.18(1) or (2); or identification authorized in subdivision 3, paragraph (d) (c), clause (1) or (2). |
---|
1519 | | - | 47.19 (b) This additional proof of residence for students must not be allowed unless the |
---|
1520 | | - | 47.20postsecondary educational institution submits to the county auditor no later than 60 days |
---|
1521 | | - | 47.21prior to the election a written agreement that the postsecondary educational institution will |
---|
1522 | | - | 47.22certify for use at the election accurate updated residential housing lists under section 135A.17. |
---|
1523 | | - | 47.23A written agreement is effective for the election and all subsequent elections held in that |
---|
1524 | | - | 47.24calendar year, including the November general election. |
---|
1525 | | - | 47.25 (c) The additional proof of residence for students must be allowed on an equal basis for |
---|
1526 | | - | 47.26voters who reside in housing meeting the requirements of section 135A.17, if the residential |
---|
1527 | | - | 47.27housing lists certified by the postsecondary educational institution meet the requirements |
---|
1528 | | - | 47.28of this subdivision. |
---|
1529 | | - | 47.29 (d) An updated residential housing list must be certified to the county auditor no later |
---|
1530 | | - | 47.30than 20 35 days prior to each election. The certification must be dated and signed by the |
---|
1531 | | - | 47.31chief officer or designee of the postsecondary educational institution and must state that the |
---|
1532 | | - | 47.32list is current and accurate and includes only the names of persons residing in the institution's |
---|
1533 | | - | 47Article 3 Sec. 6. |
---|
1534 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 48.1housing and, for students who do not live in the institution's housing, that it reflects the |
---|
1535 | | - | 48.2institution's records as of the date of the certification. |
---|
1536 | | - | 48.3 (e) This additional proof of residence for students must be allowed during the 18 days |
---|
1537 | | - | 48.4before an election and on election day. The county auditor shall instruct the election judges |
---|
1538 | | - | 48.5of the precinct in procedures for use of the list in conjunction with photo identification. The |
---|
1539 | | - | 48.6auditor shall supply a list to the election judges with the election supplies for the precinct. |
---|
1540 | | - | 48.7 (f) The county auditor shall notify all postsecondary educational institutions in the county |
---|
1541 | | - | 48.8of the provisions of this subdivision. |
---|
1542 | | - | 48.9 EFFECTIVE DATE.This section is effective January 1, 2026, and applies to elections |
---|
1543 | | - | 48.10held on or after February 6, 2026. |
---|
1544 | | - | 48.11Sec. 7. Minnesota Statutes 2024, section 201.061, subdivision 4, is amended to read: |
---|
1545 | | - | 48.12 Subd. 4.Registration by election judges; procedures.Registration and updates to |
---|
1546 | | - | 48.13registrations at the polling place on election day shall must be conducted by the election |
---|
1547 | | - | 48.14judges. Before registering an individual to vote or updating an individual's registration at |
---|
1548 | | - | 48.15the polling place, the election judge must review any list of voters who registered or updated |
---|
1549 | | - | 48.16a registration with an absentee election day registrants ballot provided by the county auditor |
---|
1550 | | - | 48.17or municipal clerk to see if the person individual has already voted by absentee ballot. If |
---|
1551 | | - | 48.18the person's individual's name appears on the list, the election judge must not allow the |
---|
1552 | | - | 48.19individual to register, to update the individual's registration, or to vote in the polling place. |
---|
1553 | | - | 48.20The election judge who registers an individual or updates an individual's registration at the |
---|
1554 | | - | 48.21polling place on election day shall must not handle that voter's ballots at any time prior to |
---|
1555 | | - | 48.22the opening of the ballot box after the voting ends. Registration applications and forms for |
---|
1556 | | - | 48.23oaths shall must be available at each polling place. If an individual who registers or updates |
---|
1557 | | - | 48.24a registration on election day proves residence by oath of a registered voter, the form |
---|
1558 | | - | 48.25containing the oath shall must be attached to the individual's registration application. |
---|
1559 | | - | 48.26Registration applications completed on election day shall must be forwarded to the county |
---|
1560 | | - | 48.27auditor who shall must add the name of each voter to the registration system or update the |
---|
1561 | | - | 48.28voter's registration unless the information forwarded is substantially deficient. A county |
---|
1562 | | - | 48.29auditor who finds an election day registration or update substantially deficient shall must |
---|
1563 | | - | 48.30give written notice to the individual whose registration is found deficient. An election day |
---|
1564 | | - | 48.31registration shall or update must not be found deficient solely because the individual who |
---|
1565 | | - | 48.32provided proof of residence was ineligible to do so. |
---|
1566 | | - | 48Article 3 Sec. 7. |
---|
1567 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 49.1 Sec. 8. Minnesota Statutes 2024, section 201.061, subdivision 5, is amended to read: |
---|
1568 | | - | 49.2 Subd. 5.Unregistered voters; penalty.No election judge in any precinct in which |
---|
1569 | | - | 49.3registration is required may receive the vote at any election of any individual whose name |
---|
1570 | | - | 49.4is not registered in a manner specified in section 201.054, subdivision 1 or not recorded |
---|
1571 | | - | 49.5under section 203B.19. A violation of this subdivision is a felony. |
---|
1572 | | - | 49.6 Sec. 9. Minnesota Statutes 2024, section 201.061, subdivision 7, is amended to read: |
---|
1573 | | - | 49.7 Subd. 7.Record of attempted registrations.The election judge responsible for election |
---|
1574 | | - | 49.8day registration shall must attempt to keep a record of the number of individuals who attempt |
---|
1575 | | - | 49.9to register or update a registration on election day but who cannot provide proof of residence |
---|
1576 | | - | 49.10as required by this section. The record shall must be forwarded to the county auditor with |
---|
1577 | | - | 49.11the election returns for that precinct. |
---|
1578 | | - | 49.12Sec. 10. Minnesota Statutes 2024, section 201.071, subdivision 1, is amended to read: |
---|
1579 | | - | 49.13 Subdivision 1.Form.Both paper and electronic voter registration applications must |
---|
1580 | | - | 49.14contain the same information unless otherwise provided by law. A voter registration |
---|
1581 | | - | 49.15application must contain spaces for the following required information: voter's first name, |
---|
1582 | | - | 49.16middle name, and last name; voter's previous name, if any; voter's current address; voter's |
---|
1583 | | - | 49.17previous address, if any; voter's date of birth; voter's municipality and county of residence; |
---|
1584 | | - | 49.18voter's telephone number, if provided by the voter; date of registration; current and valid |
---|
1585 | | - | 49.19Minnesota driver's license number or Minnesota state identification number, or if the voter |
---|
1586 | | - | 49.20has no current and valid Minnesota driver's license or Minnesota state identification, the |
---|
1587 | | - | 49.21last four digits of the voter's Social Security number; a box to indicate a voter's preference |
---|
1588 | | - | 49.22to join the permanent absentee voter list; and voter's signature. The paper registration |
---|
1589 | | - | 49.23application must provide a space for a voter to provide a physical description of the location |
---|
1590 | | - | 49.24of their residence, if the voter resides in an area lacking a specific physical address. The |
---|
1591 | | - | 49.25description must be sufficient for the county auditor to identify the correct precinct for the |
---|
1592 | | - | 49.26voter. The description may include the closest cross street or the nearest address to the |
---|
1593 | | - | 49.27described location that is identified on a precinct map, and directions from that cross street |
---|
1594 | | - | 49.28or address to the described location, including but not limited to the cardinal direction and |
---|
1595 | | - | 49.29approximate distance to the location. The paper registration application may include the |
---|
1596 | | - | 49.30voter's email address, if provided by the voter. The electronic voter registration application |
---|
1597 | | - | 49.31must include the voter's email address. The registration application may include the voter's |
---|
1598 | | - | 49.32interest in serving as an election judge, if indicated by the voter. The application must also |
---|
1599 | | - | 49.33contain the following certification of voter eligibility: |
---|
1600 | | - | 49Article 3 Sec. 10. |
---|
1601 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 50.1 "I certify that I: |
---|
1602 | | - | 50.2 (1) am at least 16 years old and understand that I must be at least 18 years old to be |
---|
1603 | | - | 50.3eligible to vote; |
---|
1604 | | - | 50.4 (2) am a citizen of the United States; |
---|
1605 | | - | 50.5 (3) will have maintained residence in Minnesota for 20 days immediately preceding |
---|
1606 | | - | 50.6election day; |
---|
1607 | | - | 50.7 (4) maintain residence at the address or location given on the registration form; |
---|
1608 | | - | 50.8 (5) am not under court-ordered guardianship in which the court order revokes my right |
---|
1609 | | - | 50.9to vote; |
---|
1610 | | - | 50.10 (6) have not been found by a court to be legally incompetent to vote; |
---|
1611 | | - | 50.11 (7) am not currently incarcerated for a conviction of a felony offense; and |
---|
1612 | | - | 50.12 (8) have read and understand the following statement: that giving false information is a |
---|
1613 | | - | 50.13felony punishable by not more than five years imprisonment or a fine of not more than |
---|
1614 | | - | 50.14$10,000, or both." |
---|
1615 | | - | 50.15 The certification must include boxes for the voter to respond to the following questions: |
---|
1616 | | - | 50.16 "(1) Are you a citizen of the United States?" and |
---|
1617 | | - | 50.17 "(2) Are you at least 16 years old and will you be at least 18 years old on or before the |
---|
1618 | | - | 50.18day of the election in which you intend to vote?" |
---|
1619 | | - | 50.19 And the instruction: |
---|
1620 | | - | 50.20 "If you checked 'no' to either of these questions, do not complete this form." |
---|
1621 | | - | 50.21 The form of the voter registration application and the certification of voter eligibility |
---|
1622 | | - | 50.22must be as provided in this subdivision and approved by the secretary of state. Voter |
---|
1623 | | - | 50.23registration forms authorized by the National Voter Registration Act must also be accepted |
---|
1624 | | - | 50.24as valid. The federal postcard application form must also be accepted as valid if it is not |
---|
1625 | | - | 50.25deficient and the voter is eligible to register in Minnesota. |
---|
1626 | | - | 50.26 An individual may use a voter registration application to apply to register to vote in |
---|
1627 | | - | 50.27Minnesota or to change update information on an existing registration. |
---|
1628 | | - | 50.28 EFFECTIVE DATE.This section is effective July 1, 2025, except that this section is |
---|
1629 | | - | 50.29effective January 1, 2026, for the secretary of state's online voter registration application. |
---|
1630 | | - | 50Article 3 Sec. 10. |
---|
1631 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 51.1 Sec. 11. Minnesota Statutes 2024, section 201.071, subdivision 4, is amended to read: |
---|
1632 | | - | 51.2 Subd. 4.Change of registration.A county auditor who receives a registration application |
---|
1633 | | - | 51.3indicating that an individual was previously registered in a different county in Minnesota |
---|
1634 | | - | 51.4shall must update the voter's record electronically through the statewide registration system |
---|
1635 | | - | 51.5in the manner prescribed by the secretary of state. A county auditor who receives a |
---|
1636 | | - | 51.6registration application or notification requiring a change an update of registration records |
---|
1637 | | - | 51.7under this subdivision as a result of an a voter updating the voter's registration on election |
---|
1638 | | - | 51.8day registration shall must also check the statewide registration system to determine whether |
---|
1639 | | - | 51.9the individual voted in more than one precinct in the most recent election. |
---|
1640 | | - | 51.10Sec. 12. Minnesota Statutes 2024, section 201.091, subdivision 5, is amended to read: |
---|
1641 | | - | 51.11 Subd. 5.Copy of list to registered voter.The county auditors and the secretary of state |
---|
1642 | | - | 51.12shall must provide copies of the public information lists in electronic or other media to any |
---|
1643 | | - | 51.13voter registered in Minnesota within ten five business days of receiving a complete written |
---|
1644 | | - | 51.14or electronic request accompanied by payment of the cost of reproduction. The county |
---|
1645 | | - | 51.15auditors and the secretary of state shall must make a copy of the list available for public |
---|
1646 | | - | 51.16inspection without cost. An individual who inspects or acquires a copy of a public information |
---|
1647 | | - | 51.17list may must not use any information contained in it for purposes unrelated to elections, |
---|
1648 | | - | 51.18political activities, or law enforcement. |
---|
1649 | | - | 51.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1650 | | - | 51.20Sec. 13. Minnesota Statutes 2024, section 201.091, subdivision 8, is amended to read: |
---|
1651 | | - | 51.21 Subd. 8.Registration places.(a) Each county auditor shall must designate a number of |
---|
1652 | | - | 51.22public buildings in those political subdivisions of the county where preregistration of voters |
---|
1653 | | - | 51.23is allowed as provided in section 201.061, subdivision 1, where eligible voters may register |
---|
1654 | | - | 51.24to vote or update the voter's registration as provided in section 201.061, subdivision 1. |
---|
1655 | | - | 51.25 (b) An adequate supply of registration applications and instructions must be maintained |
---|
1656 | | - | 51.26at each designated location, and a designated individual must be available there to accept |
---|
1657 | | - | 51.27registration applications and transmit them to the county auditor. |
---|
1658 | | - | 51.28 (c) A person who, because of disability, needs assistance in order to determine eligibility |
---|
1659 | | - | 51.29or, to register must, or to update a voter registration may be assisted by a designated |
---|
1660 | | - | 51.30individual. Assistance includes but is not limited to reading the registration form and |
---|
1661 | | - | 51.31instructions and filling out the registration form as directed by the eligible voter. |
---|
1662 | | - | 51Article 3 Sec. 13. |
---|
1663 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 52.1 Sec. 14. Minnesota Statutes 2024, section 201.121, subdivision 1, is amended to read: |
---|
1664 | | - | 52.2 Subdivision 1.Entry of registration information.(a) At the time a voter registration |
---|
1665 | | - | 52.3application is properly completed, submitted, and received in accordance with sections |
---|
1666 | | - | 52.4201.061 and 201.071, the county auditor shall must enter or update the information contained |
---|
1667 | | - | 52.5on it into the statewide registration system. Voter registration applications completed before |
---|
1668 | | - | 52.6election day must be entered into the statewide registration system within ten days after |
---|
1669 | | - | 52.7they have been submitted to the county auditor. Voter registration applications completed |
---|
1670 | | - | 52.8on election day must be entered into the statewide registration system within 42 days after |
---|
1671 | | - | 52.9the election, unless the county auditor notifies the secretary of state before the deadline has |
---|
1672 | | - | 52.10expired that the deadline will not be met. Upon receipt of a notification under this paragraph, |
---|
1673 | | - | 52.11the secretary of state must extend the deadline for that county auditor by an additional 28 |
---|
1674 | | - | 52.12days. The secretary of state may waive a county's obligations under this paragraph if, on |
---|
1675 | | - | 52.13good cause shown, the county demonstrates its permanent inability to comply. |
---|
1676 | | - | 52.14The secretary of state must post data on each county's compliance with this paragraph on |
---|
1677 | | - | 52.15the secretary of state's website including, as applicable, the date each county fully complied |
---|
1678 | | - | 52.16or the deadline by which a county's compliance must be complete. |
---|
1679 | | - | 52.17 (b) Upon receiving a completed voter registration application, the secretary of state may |
---|
1680 | | - | 52.18electronically transmit the information on the application to the appropriate county auditor |
---|
1681 | | - | 52.19as soon as possible for review by the county auditor before final entry into or update in the |
---|
1682 | | - | 52.20statewide registration system. The secretary of state may mail the voter registration |
---|
1683 | | - | 52.21application to the county auditor. |
---|
1684 | | - | 52.22 (c) Within ten days after the county auditor has entered or updated information from a |
---|
1685 | | - | 52.23voter registration application into in the statewide registration system, the secretary of state |
---|
1686 | | - | 52.24shall must compare the voter's name, date of birth, and driver's license number, state |
---|
1687 | | - | 52.25identification number, or the last four digits of the Social Security number with the same |
---|
1688 | | - | 52.26information contained in the Department of Public Safety database. |
---|
1689 | | - | 52.27 (d) The secretary of state shall must provide a report to the county auditor on a weekly |
---|
1690 | | - | 52.28basis that includes a list of voters whose name, date of birth, or identification number have |
---|
1691 | | - | 52.29been compared with the same information in the Department of Public Safety database and |
---|
1692 | | - | 52.30cannot be verified as provided in this subdivision. The report must list separately those |
---|
1693 | | - | 52.31voters who have submitted a voter registration application by mail and have not voted in a |
---|
1694 | | - | 52.32federal election in this state. |
---|
1695 | | - | 52.33 (e) The county auditor shall must compile a list of voters for whom the county auditor |
---|
1696 | | - | 52.34and the secretary of state are unable to conclude that information on the voter registration |
---|
1697 | | - | 52Article 3 Sec. 14. |
---|
1698 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 53.1application and the corresponding information in the Department of Public Safety database |
---|
1699 | | - | 53.2relate to the same person. |
---|
1700 | | - | 53.3 (f) The county auditor shall must send a notice of incomplete registration to any voter |
---|
1701 | | - | 53.4whose name appears on the list and change the voter's status to "challenged." A voter who |
---|
1702 | | - | 53.5receives a notice of incomplete registration from the county auditor may either provide the |
---|
1703 | | - | 53.6information required to clear the challenge at least 21 days before the next election or at |
---|
1704 | | - | 53.7the polling place on election day. |
---|
1705 | | - | 53.8 Sec. 15. Minnesota Statutes 2024, section 201.121, subdivision 3, is amended to read: |
---|
1706 | | - | 53.9 Subd. 3.Postelection sampling.(a) Within ten days after an election, the county auditor |
---|
1707 | | - | 53.10shall must send the notice required by subdivision 2 to a random sampling of the individuals |
---|
1708 | | - | 53.11who registered or updated voter registration information on election day. The random |
---|
1709 | | - | 53.12sampling shall must be determined in accordance with the rules of the secretary of state. |
---|
1710 | | - | 53.13As soon as practicable after the election, the county auditor shall must mail the notice |
---|
1711 | | - | 53.14required by subdivision 2 to all other individuals who registered or updated voter registration |
---|
1712 | | - | 53.15information on election day. If a notice is returned as not deliverable, the county auditor |
---|
1713 | | - | 53.16shall must attempt to determine the reason for the return. A county auditor who does not |
---|
1714 | | - | 53.17receive or obtain satisfactory proof of an individual's eligibility to vote shall must |
---|
1715 | | - | 53.18immediately notify the county attorney of all of the relevant information. By February 15 |
---|
1716 | | - | 53.19of each year, the county auditor must notify the secretary of state of the following information |
---|
1717 | | - | 53.20for each election held in the previous year by each precinct: |
---|
1718 | | - | 53.21 (1) the total number of all notices that were returned as nondeliverable; |
---|
1719 | | - | 53.22 (2) the total number of nondeliverable notices that the county auditor was able to |
---|
1720 | | - | 53.23determine the reason for the return along with the reason for each return; and |
---|
1721 | | - | 53.24 (3) the total number of individuals for whom the county auditor does not receive or |
---|
1722 | | - | 53.25obtain satisfactory proof of an individual's eligibility to vote. |
---|
1723 | | - | 53.26 (b) By March 1 of every year, the secretary of state shall must report to the chair and |
---|
1724 | | - | 53.27ranking minority members of the legislative committees with jurisdiction over elections the |
---|
1725 | | - | 53.28following information for each election held in the previous year by each precinct and each |
---|
1726 | | - | 53.29county: |
---|
1727 | | - | 53.30 (1) the total number of all notices that were returned as nondeliverable; |
---|
1728 | | - | 53.31 (2) the total number of nondeliverable notices that a county auditor was able to determine |
---|
1729 | | - | 53.32the reason for the return along with the reason for each return; and |
---|
1730 | | - | 53Article 3 Sec. 15. |
---|
1731 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 54.1 (3) the total number of individuals for whom the county auditor does not receive or |
---|
1732 | | - | 54.2obtain satisfactory proof of an individual's eligibility to vote. |
---|
1733 | | - | 54.3 Sec. 16. Minnesota Statutes 2024, section 201.13, subdivision 3, is amended to read: |
---|
1734 | | - | 54.4 Subd. 3.Use of change of address system.(a) At least once each month the secretary |
---|
1735 | | - | 54.5of state shall must obtain a list of individuals registered to vote in this state who have filed |
---|
1736 | | - | 54.6with the United States Postal Service a change of their permanent address. The secretary |
---|
1737 | | - | 54.7of state may also periodically obtain a list of individuals with driver's licenses or state |
---|
1738 | | - | 54.8identification cards to identify those who are registered to vote who have applied to the |
---|
1739 | | - | 54.9Department of Public Safety for a replacement driver's license or state identification card |
---|
1740 | | - | 54.10with a different address, and a list of individuals for whom the Department of Public Safety |
---|
1741 | | - | 54.11received notification of a driver's license or state identification card cancellation due to a |
---|
1742 | | - | 54.12change of residency out of state. However, the secretary of state shall must not load data |
---|
1743 | | - | 54.13derived from these lists into the statewide voter registration system within the 47 days before |
---|
1744 | | - | 54.14the state primary or 47 days before a November general election. |
---|
1745 | | - | 54.15 (b) If the address is changed to another address in this state, the secretary of state shall |
---|
1746 | | - | 54.16must locate the precinct in which the voter maintains residence, if possible. If the secretary |
---|
1747 | | - | 54.17of state is able to locate the precinct in which the voter maintains residence, the secretary |
---|
1748 | | - | 54.18must transmit the information about the changed address by electronic means to the county |
---|
1749 | | - | 54.19auditor of the county in which the new address is located. For addresses for which the |
---|
1750 | | - | 54.20secretary of state is unable to determine the precinct, the secretary may forward information |
---|
1751 | | - | 54.21to the appropriate county auditors for individual review. If the voter has not voted or |
---|
1752 | | - | 54.22submitted a voter registration application since the address change, upon receipt of the |
---|
1753 | | - | 54.23information, the county auditor shall must update the voter's address in the statewide voter |
---|
1754 | | - | 54.24registration system. The county auditor shall must mail to the voter a notice stating the |
---|
1755 | | - | 54.25voter's name, address, precinct, and polling place, unless the voter's record is challenged |
---|
1756 | | - | 54.26due to a felony conviction, noncitizenship, name change, incompetence, or a court's |
---|
1757 | | - | 54.27revocation of voting rights of individuals under guardianship, in which case the auditor |
---|
1758 | | - | 54.28must not mail the notice. The notice must advise the voter that the voter's voting address |
---|
1759 | | - | 54.29has been changed updated and that the voter must notify the county auditor within 21 days |
---|
1760 | | - | 54.30if the new address is not the voter's address of residence. The notice must state that it must |
---|
1761 | | - | 54.31be returned if it is not deliverable to the voter at the named address. |
---|
1762 | | - | 54.32 (c) If the change of permanent address is to an address outside this state, the secretary |
---|
1763 | | - | 54.33of state shall must notify by electronic means the auditor of the county where the voter |
---|
1764 | | - | 54.34formerly maintained residence that the voter has moved to another state. If the voter has |
---|
1765 | | - | 54Article 3 Sec. 16. |
---|
1766 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 55.1not voted or submitted a voter registration application since the address change, the county |
---|
1767 | | - | 55.2auditor shall must promptly mail to the voter at the voter's new address a notice advising |
---|
1768 | | - | 55.3the voter that the voter's status in the statewide voter registration system will be changed to |
---|
1769 | | - | 55.4"inactive" unless the voter notifies the county auditor within 21 days that the voter is retaining |
---|
1770 | | - | 55.5the former address as the voter's address of residence, except that if the voter's record is |
---|
1771 | | - | 55.6challenged due to a felony conviction, noncitizenship, name change, incompetence, or a |
---|
1772 | | - | 55.7court's revocation of voting rights of individuals under guardianship, the auditor must not |
---|
1773 | | - | 55.8mail the notice. If the notice is not received by the deadline, the county auditor shall must |
---|
1774 | | - | 55.9change the voter's status to "inactive" in the statewide voter registration system. |
---|
1775 | | - | 55.10 (d) If, in order to maintain voter registration records, the secretary of state enters an |
---|
1776 | | - | 55.11agreement to share information or data with an organization governed exclusively by a |
---|
1777 | | - | 55.12group of states, the secretary must first determine that the data security protocols are sufficient |
---|
1778 | | - | 55.13to safeguard the information or data shared. If required by such an agreement, the secretary |
---|
1779 | | - | 55.14of state may share the following data from the statewide voter registration system and data |
---|
1780 | | - | 55.15released to the secretary of state under section 171.12, subdivision 7a: |
---|
1781 | | - | 55.16 (1) name; |
---|
1782 | | - | 55.17 (2) date of birth; |
---|
1783 | | - | 55.18 (3) address; |
---|
1784 | | - | 55.19 (4) driver's license or state identification card number; |
---|
1785 | | - | 55.20 (5) the last four digits of an individual's Social Security number; and |
---|
1786 | | - | 55.21 (6) the date that an individual's record was last updated. |
---|
1787 | | - | 55.22If the secretary of state enters into such an agreement, the secretary and county auditors |
---|
1788 | | - | 55.23must process changes updates to voter records based upon that data in accordance with this |
---|
1789 | | - | 55.24section. Except as otherwise provided in this subdivision, when data is shared with the |
---|
1790 | | - | 55.25secretary of state by another state, the secretary of state must maintain the same data |
---|
1791 | | - | 55.26classification that the data had while it was in the possession of the state providing the data. |
---|
1792 | | - | 55.27Sec. 17. Minnesota Statutes 2024, section 201.14, is amended to read: |
---|
1793 | | - | 55.28 201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT CHANGES |
---|
1794 | | - | 55.29OF NAMES. |
---|
1795 | | - | 55.30 The state court administrator shall must regularly report by electronic means to the |
---|
1796 | | - | 55.31secretary of state the name, address, and, if available, driver's license or state identification |
---|
1797 | | - | 55.32card number of each individual, 18 years of age or over, whose name was changed since |
---|
1798 | | - | 55Article 3 Sec. 17. |
---|
1799 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 56.1the last report, by marriage, divorce, or any order or decree of the court. The secretary of |
---|
1800 | | - | 56.2state shall must determine if any of the persons individuals in the report are registered to |
---|
1801 | | - | 56.3vote under their previous name and shall must prepare a list of those registrants for each |
---|
1802 | | - | 56.4county auditor. Upon receipt of the list, the county auditor shall make the change in must |
---|
1803 | | - | 56.5update the voter's record with this information and mail to the voter the notice of registration |
---|
1804 | | - | 56.6required by section 201.121, subdivision 2. A notice must not be mailed if the voter's record |
---|
1805 | | - | 56.7is challenged due to a felony conviction, lack of United States citizenship, legal |
---|
1806 | | - | 56.8incompetence, or court-ordered revocation of voting rights of persons under guardianship. |
---|
1807 | | - | 56.9 Sec. 18. Minnesota Statutes 2024, section 201.161, subdivision 4, is amended to read: |
---|
1808 | | - | 56.10 Subd. 4.Department of Human Services.(a) If permitted by the federal government, |
---|
1809 | | - | 56.11the commissioner of human services, in consultation with the secretary of state, must ensure |
---|
1810 | | - | 56.12the applications described in subdivision 1, paragraph (a), clause (2), also serve as voter |
---|
1811 | | - | 56.13registration applications for applicants 18 years of age or older whose United States |
---|
1812 | | - | 56.14citizenship has been verified as part of the application. The commissioner must transmit |
---|
1813 | | - | 56.15information required to register to vote, as prescribed by the secretary of state, daily by |
---|
1814 | | - | 56.16electronic means to the secretary of state for an individual whose United States citizenship |
---|
1815 | | - | 56.17has been verified. The commissioner must submit data to the secretary of state identifying |
---|
1816 | | - | 56.18the total number of individuals who completed qualifying transactions under this section |
---|
1817 | | - | 56.19and the total number of individuals whose records were ultimately transferred for registration |
---|
1818 | | - | 56.20or updates to registrations. At a minimum, the commissioner must submit the data to the |
---|
1819 | | - | 56.21secretary of state on the same day each month. |
---|
1820 | | - | 56.22 (b) No applicant may be registered to vote or have a registration updated under this |
---|
1821 | | - | 56.23subdivision until (1) the commissioner of human services has certified that the department's |
---|
1822 | | - | 56.24systems have been tested and can accurately provide the required data and accurately exclude |
---|
1823 | | - | 56.25from transmission data on individuals who have not provided documentary evidence of |
---|
1824 | | - | 56.26United States citizenship, and (2) the secretary of state has certified that the system for |
---|
1825 | | - | 56.27automatic registration of those applicants has been tested and is capable of properly |
---|
1826 | | - | 56.28determining whether an applicant is eligible to vote. The department's systems must be |
---|
1827 | | - | 56.29tested and accurately provide the necessary data no later than September 30 of the year |
---|
1828 | | - | 56.30following the year in which federal approval or permission is given, contingent on |
---|
1829 | | - | 56.31appropriations being available for this purpose. |
---|
1830 | | - | 56Article 3 Sec. 18. |
---|
1831 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 57.1 Sec. 19. Minnesota Statutes 2024, section 201.161, subdivision 5, is amended to read: |
---|
1832 | | - | 57.2 Subd. 5.Other agencies and units of government.(a) The commissioner of management |
---|
1833 | | - | 57.3and budget must, in consultation with the secretary of state, identify any other state agency |
---|
1834 | | - | 57.4that is eligible to implement automatic voter registration. The commissioner must consider |
---|
1835 | | - | 57.5a state agency eligible if the agency collects, processes, or stores the following information |
---|
1836 | | - | 57.6as part of providing assistance or services: name, residential address, date of birth, and |
---|
1837 | | - | 57.7citizenship verification. An eligible agency must submit a report to the governor and secretary |
---|
1838 | | - | 57.8of state no later than December 1, 2024, describing steps needed to implement automatic |
---|
1839 | | - | 57.9voter registration, barriers to implementation and ways to mitigate them, and applicable |
---|
1840 | | - | 57.10federal and state privacy protections for the data under consideration. By June 1, 2025, the |
---|
1841 | | - | 57.11governor, at the governor's sole discretion, must make final decisions, as to which agencies |
---|
1842 | | - | 57.12will implement automatic voter registration by December 31, 2025, and which agencies |
---|
1843 | | - | 57.13could implement automatic voter registration if provided with additional resources or if the |
---|
1844 | | - | 57.14legislature changed the law to allow data to be used for automatic voter registration. The |
---|
1845 | | - | 57.15governor must notify the commissioner of management and budget of the governor's |
---|
1846 | | - | 57.16decisions related to automatic voter registration. By October 1, 2025, the commissioner of |
---|
1847 | | - | 57.17management and budget must report to the chairs and ranking minority members of the |
---|
1848 | | - | 57.18legislative committees with jurisdiction over election policy and finance. The report must |
---|
1849 | | - | 57.19include: |
---|
1850 | | - | 57.20 (1) the agencies that will implement automatic voter registration by December 31, 2025; |
---|
1851 | | - | 57.21 (2) the agencies which could implement automatic voter registration if provided with |
---|
1852 | | - | 57.22additional resources and recommendations on the necessary additional resources; and |
---|
1853 | | - | 57.23 (3) the agencies that could implement automatic voter registration if the legislature |
---|
1854 | | - | 57.24changed the law to allow data to be used for voter registration and recommendations on |
---|
1855 | | - | 57.25how the law could be changed to allow the use of the data for this purpose. |
---|
1856 | | - | 57.26 (b) An agency may not begin verifying citizenship as part of an agency transaction for |
---|
1857 | | - | 57.27the sole purpose of providing automatic voter registration. Once an agency has implemented |
---|
1858 | | - | 57.28automatic voter registration, it must continue to provide automatic voter registration unless |
---|
1859 | | - | 57.29otherwise expressly required by law. For each individual whose United States citizenship |
---|
1860 | | - | 57.30has been verified, the commissioner or agency head must transmit information required to |
---|
1861 | | - | 57.31register to vote, as prescribed by the secretary of state, to the secretary of state by electronic |
---|
1862 | | - | 57.32means. The governor must determine the frequency of the transmissions for each agency. |
---|
1863 | | - | 57.33 (c) No applicant may be registered to vote or have a registration updated under this |
---|
1864 | | - | 57.34subdivision until (1) the agency's commissioner or agency head has certified that the |
---|
1865 | | - | 57Article 3 Sec. 19. |
---|
1866 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 58.1necessary systems have been tested and can accurately provide the required data and |
---|
1867 | | - | 58.2accurately exclude from transmission data on individuals whose United States citizenship |
---|
1868 | | - | 58.3has not been verified, and (2) the secretary of state has certified that the system for automatic |
---|
1869 | | - | 58.4registration of those applicants has been tested and is capable of properly determining |
---|
1870 | | - | 58.5whether an applicant is eligible to vote. |
---|
1871 | | - | 58.6 Sec. 20. Minnesota Statutes 2024, section 201.161, subdivision 8, is amended to read: |
---|
1872 | | - | 58.7 Subd. 8.Effective date of registration.Unless the applicant declines registration, the |
---|
1873 | | - | 58.8effective date for the voter registration or update to a voter registration is the date that the |
---|
1874 | | - | 58.9county auditor processes the application. This subdivision does not limit the ability of a |
---|
1875 | | - | 58.10person to register to vote or update their registration on election day as provided in section |
---|
1876 | | - | 58.11201.061, subdivision 3. Any person who submits a qualifying application under subdivision |
---|
1877 | | - | 58.121 that is dated during the 20 days before an election must be provided, at the time of |
---|
1878 | | - | 58.13application, with a notice advising the applicant of the procedures to register to vote or |
---|
1879 | | - | 58.14update a voter registration on election day. |
---|
1880 | | - | 58.15Sec. 21. Minnesota Statutes 2024, section 201.162, is amended to read: |
---|
1881 | | - | 58.16 201.162 DUTIES OF STATE AGENCIES. |
---|
1882 | | - | 58.17 The commissioner or chief administrative officer of each state agency or |
---|
1883 | | - | 58.18community-based public agency or nonprofit corporation that contracts with the state agency |
---|
1884 | | - | 58.19to carry out obligations of the state agency shall must provide voter registration services |
---|
1885 | | - | 58.20for employees and the public, including, as applicable, automatic voter registration or |
---|
1886 | | - | 58.21information on voter eligibility and, registration procedures, and updating registrations as |
---|
1887 | | - | 58.22required under section 201.161. A person An individual may complete a voter registration |
---|
1888 | | - | 58.23application or apply to change update a voter registration name or address if the person |
---|
1889 | | - | 58.24individual has the proper qualifications on the date of application. Nonpartisan voter |
---|
1890 | | - | 58.25registration assistance, including routinely asking members of the public served by the |
---|
1891 | | - | 58.26agency whether they would like to register to vote or update a voter registration and, if |
---|
1892 | | - | 58.27necessary, assisting them in preparing the registration forms must be part of the job of |
---|
1893 | | - | 58.28appropriate agency employees. |
---|
1894 | | - | 58.29Sec. 22. Minnesota Statutes 2024, section 201.225, subdivision 2, is amended to read: |
---|
1895 | | - | 58.30 Subd. 2.Technology requirements.An electronic roster must: |
---|
1896 | | - | 58.31 (1) be able to be loaded with a data file that includes voter registration data in a file |
---|
1897 | | - | 58.32format prescribed by the secretary of state; |
---|
1898 | | - | 58Article 3 Sec. 22. |
---|
1899 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 59.1 (2) allow for data to be exported in a file format prescribed by the secretary of state; |
---|
1900 | | - | 59.2 (3) allow for data to be entered manually or by scanning a Minnesota driver's license or |
---|
1901 | | - | 59.3identification card to locate a voter record or populate a voter registration application that |
---|
1902 | | - | 59.4would be printed and signed and dated by the voter. The printed registration application |
---|
1903 | | - | 59.5can be a printed form, a label printed with voter information to be affixed to a preprinted |
---|
1904 | | - | 59.6form, a combination of a form and label, or an electronic record that the voter signs |
---|
1905 | | - | 59.7electronically and is printed following its completion at the polling place; |
---|
1906 | | - | 59.8 (4) allow an election judge to update data that was populated from a scanned driver's |
---|
1907 | | - | 59.9license or identification card; |
---|
1908 | | - | 59.10 (5) cue an election judge to ask for and input data that is not populated from a scanned |
---|
1909 | | - | 59.11driver's license or identification card that is otherwise required to be collected from the voter |
---|
1910 | | - | 59.12or an election judge; |
---|
1911 | | - | 59.13 (6) immediately alert the election judge if the voter has provided information that indicates |
---|
1912 | | - | 59.14that the voter is not eligible to vote; |
---|
1913 | | - | 59.15 (7) immediately alert the election judge if the electronic roster indicates that a voter has |
---|
1914 | | - | 59.16already voted in that precinct, the voter's registration status is challenged, or it appears the |
---|
1915 | | - | 59.17voter maintains residence in a different precinct; |
---|
1916 | | - | 59.18 (8) provide immediate instructions on how to resolve a particular type of challenge when |
---|
1917 | | - | 59.19a voter's record is challenged; |
---|
1918 | | - | 59.20 (9) provide for a printed voter signature certificate, containing the voter's name, address |
---|
1919 | | - | 59.21of residence, date of birth, voter identification number, the oath required by section 204C.10, |
---|
1920 | | - | 59.22and a space for the voter's original signature. The printed voter signature certificate can be |
---|
1921 | | - | 59.23a printed form, a label printed with the voter's information to be affixed to the oath, or an |
---|
1922 | | - | 59.24electronic record that the voter signs electronically and is printed following its completion |
---|
1923 | | - | 59.25at the polling place; |
---|
1924 | | - | 59.26 (10) contain only preregistered registered voters within the precinct, and not contain |
---|
1925 | | - | 59.27preregistered registered voter data on voters registered outside of the precinct, unless being |
---|
1926 | | - | 59.28utilized for a combined polling place pursuant to section 204B.14, subdivision 2, absentee |
---|
1927 | | - | 59.29or early voting under chapter 203B or for mail balloting on election day pursuant to section |
---|
1928 | | - | 59.30204B.45, subdivision 2a; |
---|
1929 | | - | 59.31 (11) be only networked within the polling location on election day, except for the purpose |
---|
1930 | | - | 59.32of updating absentee ballot records; |
---|
1931 | | - | 59Article 3 Sec. 22. |
---|
1932 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 60.1 (12) meet minimum security, reliability, and networking standards established by the |
---|
1933 | | - | 60.2Office of the Secretary of State in consultation with the Department of Information |
---|
1934 | | - | 60.3Technology Services; |
---|
1935 | | - | 60.4 (13) be capable of providing a voter's correct polling place; and |
---|
1936 | | - | 60.5 (14) perform any other functions necessary for the efficient and secure administration |
---|
1937 | | - | 60.6of the participating election, as determined by the secretary of state. |
---|
1938 | | - | 60.7Electronic rosters used only for election day registration registering voters and updating |
---|
1939 | | - | 60.8voters' registration do not need to comply with clauses (1), (8), and (10). Electronic rosters |
---|
1940 | | - | 60.9used only for preregistered voter processing voters who are registered and do not need to |
---|
1941 | | - | 60.10update a registration do not need to comply with clauses (4) and (5). |
---|
1942 | | - | 60.11 EFFECTIVE DATE.This section is effective on June 1, 2025. |
---|
1943 | | - | 60.12Sec. 23. Minnesota Statutes 2024, section 201.225, subdivision 5, is amended to read: |
---|
1944 | | - | 60.13 Subd. 5.Election day.(a) Precincts may use electronic rosters for registering voters |
---|
1945 | | - | 60.14and updating registrations on election day registration, to process preregistered registered |
---|
1946 | | - | 60.15voters, or both. The printed election day registration applications must be reviewed when |
---|
1947 | | - | 60.16electronic records are processed in the statewide voter registration system. The election |
---|
1948 | | - | 60.17judges shall must determine the number of ballots to be counted by counting the number |
---|
1949 | | - | 60.18of original voter signature certificates or the number of voter receipts. |
---|
1950 | | - | 60.19 (b) Each precinct using electronic rosters shall must have a paper backup system approved |
---|
1951 | | - | 60.20by the secretary of state present at the polling place to use in the event that the election |
---|
1952 | | - | 60.21judges are unable to use the electronic roster. |
---|
1953 | | - | 60.22Sec. 24. Minnesota Statutes 2024, section 201.275, is amended to read: |
---|
1954 | | - | 60.23 201.275 INVESTIGATIONS; PROSECUTIONS. |
---|
1955 | | - | 60.24 (a) A law enforcement agency that is notified by affidavit of an alleged violation of this |
---|
1956 | | - | 60.25chapter shall must promptly investigate. Upon receiving an affidavit alleging a violation of |
---|
1957 | | - | 60.26this chapter, a county attorney shall must promptly forward it to a law enforcement agency |
---|
1958 | | - | 60.27with jurisdiction for investigation. If there is probable cause for instituting a prosecution, |
---|
1959 | | - | 60.28the county attorney shall must proceed according to the generally applicable standards |
---|
1960 | | - | 60.29regarding the prosecutorial functions and duties of a county attorney, provided that the |
---|
1961 | | - | 60.30county attorney is not required to proceed with the prosecution if the complainant withdraws |
---|
1962 | | - | 60.31the allegation. A county attorney who refuses or intentionally fails to faithfully perform this |
---|
1963 | | - | 60Article 3 Sec. 24. |
---|
1964 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 61.1or any other duty imposed by this chapter is guilty of a misdemeanor and upon conviction |
---|
1965 | | - | 61.2shall must forfeit office. |
---|
1966 | | - | 61.3 (b) Willful violation of this chapter by any public employee constitutes just cause for |
---|
1967 | | - | 61.4suspension without pay or dismissal of the public employee. |
---|
1968 | | - | 61.5 (c) Where the matter relates to a voter registration application submitted electronically |
---|
1969 | | - | 61.6through the secure website established in section 201.061, subdivision 1, alleged violations |
---|
1970 | | - | 61.7of this chapter may be investigated and prosecuted in the county in which the individual |
---|
1971 | | - | 61.8registered, updated a voter registration, or attempted to register. |
---|
1972 | | - | 61.9 Sec. 25. Minnesota Statutes 2024, section 203B.04, subdivision 1, is amended to read: |
---|
1973 | | - | 61.10 Subdivision 1.Application procedures.(a) Except as otherwise allowed by subdivision |
---|
1974 | | - | 61.112 or by section 203B.06, subdivision 3, paragraph (c), clause (4); 203B.11, subdivision 4,; |
---|
1975 | | - | 61.12or 203B.29, an application for absentee ballots for any election: |
---|
1976 | | - | 61.13 (1) may be submitted in person at any time not later than the day before the election; or |
---|
1977 | | - | 61.14 (2) must be received by electronic facsimile device, by email, by mail, or by an individual |
---|
1978 | | - | 61.15delivering an application on behalf of another voter at any time not less than one day five |
---|
1979 | | - | 61.16days before the day of that election. |
---|
1980 | | - | 61.17The county auditor shall prepare absentee ballot application forms in the format provided |
---|
1981 | | - | 61.18by the secretary of state and shall furnish them to any person on request. By January 1 of |
---|
1982 | | - | 61.19each even-numbered year, the secretary of state shall make the forms to be used available |
---|
1983 | | - | 61.20to auditors through electronic means. An application submitted pursuant to this subdivision |
---|
1984 | | - | 61.21shall be in writing. An application may be submitted in person, by electronic facsimile |
---|
1985 | | - | 61.22device, by electronic mail, or by mail to: |
---|
1986 | | - | 61.23 (1) the county auditor of the county where the applicant maintains residence; or |
---|
1987 | | - | 61.24 (2) the municipal clerk of the municipality, or school district if applicable, where the |
---|
1988 | | - | 61.25applicant maintains residence. |
---|
1989 | | - | 61.26 (b) An absentee ballot application may alternatively be submitted electronically through |
---|
1990 | | - | 61.27a secure website that shall be maintained by the secretary of state for this purpose. After |
---|
1991 | | - | 61.285:00 p.m. seven days prior to a primary, general, or special election, the secretary of state |
---|
1992 | | - | 61.29must replace the electronic application with information detailing the available options to |
---|
1993 | | - | 61.30vote before and on the upcoming election day. Notwithstanding paragraph (d), the secretary |
---|
1994 | | - | 61.31of state must require applicants using the website to submit the applicant's email address |
---|
1995 | | - | 61.32and the applicant's: |
---|
1996 | | - | 61Article 3 Sec. 25. |
---|
1997 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 62.1 (1) verifiable Minnesota driver's license number, or Minnesota state identification card |
---|
1998 | | - | 62.2number, or; and |
---|
1999 | | - | 62.3 (2) the last four digits of the applicant's Social Security number. |
---|
2000 | | - | 62.4If an applicant does not possess both types of documents, the applicant must include the |
---|
2001 | | - | 62.5number for one type of document and must affirmatively certify that the applicant does not |
---|
2002 | | - | 62.6possess the other type of documentation. This paragraph does not apply to a town election |
---|
2003 | | - | 62.7held in March. |
---|
2004 | | - | 62.8 (c) An application submitted electronically under this paragraph (b) may only be |
---|
2005 | | - | 62.9transmitted to the county auditor for processing if the secretary of state has verified the |
---|
2006 | | - | 62.10application information matches the information in a government database associated with |
---|
2007 | | - | 62.11the applicant's driver's license number, state identification card number, or Social Security |
---|
2008 | | - | 62.12number. The secretary of state must review all unverifiable applications for evidence of |
---|
2009 | | - | 62.13suspicious activity and must forward any such application to an appropriate law enforcement |
---|
2010 | | - | 62.14agency for investigation. |
---|
2011 | | - | 62.15 (d) An application shall be approved if it is timely received, signed and dated by the |
---|
2012 | | - | 62.16applicant, contains the applicant's name and residence and mailing addresses, date of birth, |
---|
2013 | | - | 62.17and at least one of the following: |
---|
2014 | | - | 62.18 (1) the applicant's Minnesota driver's license number; |
---|
2015 | | - | 62.19 (2) Minnesota state identification card number; |
---|
2016 | | - | 62.20 (3) the last four digits of the applicant's Social Security number; or |
---|
2017 | | - | 62.21 (4) a statement that the applicant does not have any of these numbers. |
---|
2018 | | - | 62.22The county auditor or the municipal clerk or school district clerk, if applicable, must retain |
---|
2019 | | - | 62.23all applications. For an application received after the deadline in paragraph (a), the official |
---|
2020 | | - | 62.24in charge of the ballot board must, within one day of receipt of the application, attempt to |
---|
2021 | | - | 62.25contact the applicant by telephone or email to notify the applicant of opportunities to vote |
---|
2022 | | - | 62.26in the election. The official must document the attempts made to contact the applicant. |
---|
2023 | | - | 62.27 (e) To be approved, the application must contain an oath that the information contained |
---|
2024 | | - | 62.28on the form is accurate, that the applicant is applying on the applicant's own behalf, and |
---|
2025 | | - | 62.29that the applicant is signing the form under penalty of perjury. |
---|
2026 | | - | 62.30 (f) An applicant's full date of birth, Minnesota driver's license or state identification |
---|
2027 | | - | 62.31number, and the last four digits of the applicant's Social Security number must not be made |
---|
2028 | | - | 62.32available for public inspection. An application may be submitted to the county auditor or |
---|
2029 | | - | 62Article 3 Sec. 25. |
---|
2030 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 63.1municipal clerk by an electronic facsimile device. An application mailed or returned in |
---|
2031 | | - | 63.2person to the county auditor or municipal clerk on behalf of a voter by a person other than |
---|
2032 | | - | 63.3the voter must be deposited in the mail or returned in person to the county auditor or |
---|
2033 | | - | 63.4municipal clerk within ten seven days after it has been dated by the voter and the application |
---|
2034 | | - | 63.5must be received no later than six days before the election the deadline in paragraph (a). |
---|
2035 | | - | 63.6 (g) An application under this subdivision may must contain an application under |
---|
2036 | | - | 63.7subdivision 5 a space to apply to automatically receive an absentee ballot under subdivision |
---|
2037 | | - | 63.85. |
---|
2038 | | - | 63.9 (h) For purposes of this section, "mail" means an absentee ballot application delivered |
---|
2039 | | - | 63.10to the secretary of state, county auditor, or municipal clerk by the United States Postal |
---|
2040 | | - | 63.11Service or a commercial carrier. |
---|
2041 | | - | 63.12 EFFECTIVE DATE.Paragraph (g) is effective on January 1, 2026, as it applies to the |
---|
2042 | | - | 63.13secretary of state's online absentee ballot website. Paragraph (g) is effective July 1, 2025, |
---|
2043 | | - | 63.14as it applies to all other absentee ballot applications. The remainder of this section is effective |
---|
2044 | | - | 63.15July 1, 2025. |
---|
2045 | | - | 63.16Sec. 26. Minnesota Statutes 2024, section 203B.04, subdivision 4, is amended to read: |
---|
2046 | | - | 63.17 Subd. 4.Registration at time of application; updating registration.An eligible voter |
---|
2047 | | - | 63.18who is not registered to vote or needs to update the voter's registration but who is otherwise |
---|
2048 | | - | 63.19eligible to vote by absentee ballot may register or update a registration by including a |
---|
2049 | | - | 63.20completed voter registration application with the absentee ballot. The individual shall must |
---|
2050 | | - | 63.21present proof of residence as required by section 201.061, subdivision 3, to the individual |
---|
2051 | | - | 63.22who witnesses the marking of the absentee ballots. A military voter, as defined in section |
---|
2052 | | - | 63.23203B.01, may register in this manner if voting pursuant to sections 203B.04 to 203B.15, or |
---|
2053 | | - | 63.24may register pursuant to sections 203B.16 to 203B.27. |
---|
2054 | | - | 63.25Sec. 27. Minnesota Statutes 2024, section 203B.05, subdivision 1, is amended to read: |
---|
2055 | | - | 63.26 Subdivision 1.Generally.The full-time clerk of any city or town shall administer the |
---|
2056 | | - | 63.27provisions of sections 203B.04 to 203B.15 and 203B.30 if: |
---|
2057 | | - | 63.28 (1) the county auditor of that county has designated the clerk to administer them; or |
---|
2058 | | - | 63.29 (2) the clerk has given the county auditor of that county notice of intention to administer |
---|
2059 | | - | 63.30them. |
---|
2060 | | - | 63.31 The designation or notice must specify whether the clerk will be responsible for the |
---|
2061 | | - | 63.32administration of a ballot board as provided in section 203B.121 and whether the |
---|
2062 | | - | 63Article 3 Sec. 27. |
---|
2063 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 64.1municipality's office will be designated an absentee voting location pursuant to section |
---|
2064 | | - | 64.2203B.081, subdivision 1, or only for early voting pursuant to section 203B.081, subdivision |
---|
2065 | | - | 64.31a, or the alternative procedure pursuant to section 203B.081, subdivision 3. |
---|
2066 | | - | 64.4 A clerk of a city that is located in more than one county may only administer the |
---|
2067 | | - | 64.5provisions of sections 203B.04 to 203B.15 and 203B.30 if the clerk has been designated |
---|
2068 | | - | 64.6by each of the county auditors or has provided notice to each of the county auditors that the |
---|
2069 | | - | 64.7city will administer absentee voting. A clerk may only administer the provisions of sections |
---|
2070 | | - | 64.8203B.04 to 203B.15 and 203B.30 if the clerk has technical capacity to access the statewide |
---|
2071 | | - | 64.9voter registration system in the secure manner prescribed by the secretary of state. The |
---|
2072 | | - | 64.10secretary of state must identify hardware, software, security, or other technical prerequisites |
---|
2073 | | - | 64.11necessary to ensure the security, access controls, and performance of the statewide voter |
---|
2074 | | - | 64.12registration system. A clerk must receive training approved by the secretary of state on the |
---|
2075 | | - | 64.13use of the statewide voter registration system before administering this section. A clerk may |
---|
2076 | | - | 64.14not use the statewide voter registration system until the clerk has received the required |
---|
2077 | | - | 64.15training. The county auditor must notify the secretary of state of any municipal clerk who |
---|
2078 | | - | 64.16will be administering the provisions of this section and the duties that the clerk will |
---|
2079 | | - | 64.17administer. |
---|
2080 | | - | 64.18Sec. 28. Minnesota Statutes 2024, section 203B.06, subdivision 4, is amended to read: |
---|
2081 | | - | 64.19 Subd. 4.Registration check.Upon receipt of an application for ballots, the county |
---|
2082 | | - | 64.20auditor, municipal clerk, or election judge acting pursuant to section 203B.11, who receives |
---|
2083 | | - | 64.21the application shall must determine whether the applicant is a registered voter. If the |
---|
2084 | | - | 64.22applicant is not registered to vote or needs to update the voter's registration, the county |
---|
2085 | | - | 64.23auditor, municipal clerk, or election judge shall must include a voter registration application |
---|
2086 | | - | 64.24among the election materials provided to the applicant. |
---|
2087 | | - | 64.25Sec. 29. Minnesota Statutes 2024, section 203B.07, subdivision 1, is amended to read: |
---|
2088 | | - | 64.26 Subdivision 1.Delivery of envelopes, directions.The county auditor or the municipal |
---|
2089 | | - | 64.27clerk shall must prepare, print, and transmit a return envelope, a signature envelope, a ballot |
---|
2090 | | - | 64.28envelope, and a copy of the directions for casting an absentee ballot to each applicant whose |
---|
2091 | | - | 64.29application for absentee ballots is accepted pursuant to section 203B.04. The county auditor |
---|
2092 | | - | 64.30or municipal clerk shall must provide first class postage for the return envelope. The |
---|
2093 | | - | 64.31directions for casting an absentee ballot shall must be printed in at least 14-point bold type |
---|
2094 | | - | 64.32with heavy leading and may be printed on the ballot envelope. When a person requests the |
---|
2095 | | - | 64.33directions in Braille or on audio file, the county auditor or municipal clerk shall must provide |
---|
2096 | | - | 64Article 3 Sec. 29. |
---|
2097 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 65.1them in the form requested. The secretary of state shall must prepare Braille and audio file |
---|
2098 | | - | 65.2copies and make them available. |
---|
2099 | | - | 65.3 When a voter registration application is sent to the applicant as provided in section |
---|
2100 | | - | 65.4203B.06, subdivision 4, the directions or registration application shall must include |
---|
2101 | | - | 65.5instructions for registering to vote or updating a voter's registration. |
---|
2102 | | - | 65.6 Sec. 30. Minnesota Statutes 2024, section 203B.07, subdivision 3, is amended to read: |
---|
2103 | | - | 65.7 Subd. 3.Eligibility certificate.A certificate of eligibility to vote by absentee ballot |
---|
2104 | | - | 65.8shall must be printed on the back of the signature envelope. The certificate shall must contain |
---|
2105 | | - | 65.9space for the voter's Minnesota driver's license number, state identification number, or the |
---|
2106 | | - | 65.10last four digits of the voter's Social Security number, or to indicate that the voter does not |
---|
2107 | | - | 65.11have one of these numbers. The space must be designed to ensure that the voter provides |
---|
2108 | | - | 65.12the same type of identification as provided on the voter's absentee ballot application for |
---|
2109 | | - | 65.13purposes of comparison. The certificate must also contain a statement to be signed and |
---|
2110 | | - | 65.14sworn by the voter indicating that the voter meets all of the requirements established by law |
---|
2111 | | - | 65.15for voting by absentee ballot and space for a statement signed by a person who is at least |
---|
2112 | | - | 65.1618 years of age on or before the day of the election and a citizen of the United States or by |
---|
2113 | | - | 65.17a notary public or other individual authorized to administer oaths stating that: |
---|
2114 | | - | 65.18 (1) the ballots were displayed to that individual unmarked; |
---|
2115 | | - | 65.19 (2) the voter marked the ballots in that individual's presence without showing how they |
---|
2116 | | - | 65.20were marked, or, if the voter was physically unable to mark them, that the voter directed |
---|
2117 | | - | 65.21another individual to mark them; and |
---|
2118 | | - | 65.22 (3) if the voter was not previously registered or needed to update the voter's registration, |
---|
2119 | | - | 65.23the voter has provided proof of residence as required by section 201.061, subdivision 3. |
---|
2120 | | - | 65.24 EFFECTIVE DATE.This section is effective June 1, 2026. |
---|
2121 | | - | 65.25Sec. 31. Minnesota Statutes 2024, section 203B.08, subdivision 1, is amended to read: |
---|
2122 | | - | 65.26 Subdivision 1.Marking and return by voter.(a) An eligible voter who receives absentee |
---|
2123 | | - | 65.27ballots as provided in this chapter shall mark them in the manner specified in the directions |
---|
2124 | | - | 65.28for casting the absentee ballots. The return signature envelope containing marked ballots |
---|
2125 | | - | 65.29may be mailed as provided in the directions for casting the absentee ballots, may be left |
---|
2126 | | - | 65.30with the county auditor or municipal clerk who transmitted the absentee ballots to the voter, |
---|
2127 | | - | 65.31or may be left in a drop box as provided in section 203B.082. If delivered in person, the |
---|
2128 | | - | 65Article 3 Sec. 31. |
---|
2129 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 66.1return signature envelope must be submitted to the county auditor or municipal clerk by |
---|
2130 | | - | 66.28:00 p.m. on election day. |
---|
2131 | | - | 66.3 (b) The voter may designate an agent to deliver in person the sealed absentee ballot |
---|
2132 | | - | 66.4return signature envelope to the county auditor or municipal clerk or to deposit the return |
---|
2133 | | - | 66.5signature envelope in the mail. An agent may deliver or mail the return signature envelopes |
---|
2134 | | - | 66.6of not more than three voters in any election. Any person designated as an agent who tampers |
---|
2135 | | - | 66.7with either the return signature envelope or the voted ballots or does not immediately mail |
---|
2136 | | - | 66.8or deliver the return signature envelope to the county auditor or municipal clerk is guilty |
---|
2137 | | - | 66.9of a misdemeanor. |
---|
2138 | | - | 66.10Sec. 32. Minnesota Statutes 2024, section 203B.08, subdivision 3, is amended to read: |
---|
2139 | | - | 66.11 Subd. 3.Procedures on receipt of ballots.When absentee ballots are returned to a |
---|
2140 | | - | 66.12county auditor or municipal clerk, that official shall stamp or initial and date the return |
---|
2141 | | - | 66.13signature envelope and place it in a locked ballot container or other secured and locked |
---|
2142 | | - | 66.14space with other return signature envelopes received by that office. Within five days after |
---|
2143 | | - | 66.15receipt, the county auditor or municipal clerk shall deliver to the ballot board all ballots |
---|
2144 | | - | 66.16signature envelopes received, except that during the 14 days immediately preceding an |
---|
2145 | | - | 66.17election, the county auditor or municipal clerk shall deliver all ballots signature envelopes |
---|
2146 | | - | 66.18received to the ballot board within three days. Ballots Signature envelopes received on |
---|
2147 | | - | 66.19election day after 8:00 p.m. shall be marked as received late by the county auditor or |
---|
2148 | | - | 66.20municipal clerk, and must not be delivered to the ballot board. |
---|
2149 | | - | 66.21Sec. 33. Minnesota Statutes 2024, section 203B.081, subdivision 4, is amended to read: |
---|
2150 | | - | 66.22 Subd. 4.Temporary locations.(a) A county auditor or municipal clerk authorized under |
---|
2151 | | - | 66.23section 203B.05 to administer voting before election day may designate additional polling |
---|
2152 | | - | 66.24places with days and hours that differ from those required by section 203B.085. A designation |
---|
2153 | | - | 66.25authorized by this subdivision must be made at least 47 days before the election. As soon |
---|
2154 | | - | 66.26as practicable and no later than five business days after designating an additional polling |
---|
2155 | | - | 66.27place under this subdivision, the county auditor or municipal clerk must post on the county's |
---|
2156 | | - | 66.28or municipality's website the address of the polling place and the dates and times the polling |
---|
2157 | | - | 66.29place will be available for voting. The county auditor or municipal clerk must provide notice |
---|
2158 | | - | 66.30to the secretary of state at the time that the designations are made. As soon as practicable |
---|
2159 | | - | 66.31and no later than five business days after receiving the notice, the secretary of state must |
---|
2160 | | - | 66.32post on the secretary of state's website the address of the polling place and the dates and |
---|
2161 | | - | 66.33times the polling place will be available for voting. |
---|
2162 | | - | 66Article 3 Sec. 33. |
---|
2163 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 67.1 (b) At the request of a federally recognized Indian Tribe with a reservation or |
---|
2164 | | - | 67.2off-reservation Tribal lands in the county, the county auditor must establish an additional |
---|
2165 | | - | 67.3polling place for at least one day on the Indian reservation or off-reservation Tribal lands |
---|
2166 | | - | 67.4on a site agreed upon by the Tribe and the county auditor that is accessible to the county |
---|
2167 | | - | 67.5auditor by a public road. |
---|
2168 | | - | 67.6 (c) At the request of a postsecondary institution or the student government organization |
---|
2169 | | - | 67.7of a postsecondary institution in the county or municipality, the county auditor or a municipal |
---|
2170 | | - | 67.8clerk authorized to administer absentee voting under section 203B.05 must establish an |
---|
2171 | | - | 67.9additional temporary polling place for the state general election or the odd-year city general |
---|
2172 | | - | 67.10election for at least one day at a location agreed upon by the institution and the county |
---|
2173 | | - | 67.11auditor or municipal clerk that: |
---|
2174 | | - | 67.12 (1) is accessible to the public; |
---|
2175 | | - | 67.13 (2) satisfies the requirements of state and federal law; and |
---|
2176 | | - | 67.14 (3) is on the institution's campus or is within one-half mile of the institution's campus |
---|
2177 | | - | 67.15and is reasonably accessible to the institution's students. |
---|
2178 | | - | 67.16A request must be made no later than May 31 before an election and the request is valid |
---|
2179 | | - | 67.17only for that election. This paragraph only applies to a postsecondary institution that provides |
---|
2180 | | - | 67.18on-campus student housing to 100 or more students. Nothing in this paragraph prevents the |
---|
2181 | | - | 67.19county auditor or municipal clerk from engaging in a dialogue with the entity that made the |
---|
2182 | | - | 67.20request regarding potential alternative locations for a temporary polling place that does not |
---|
2183 | | - | 67.21meet the requirements of clause (3). An entity that made a request for a temporary polling |
---|
2184 | | - | 67.22place may withdraw its request by notifying the county auditor or municipal clerk. |
---|
2185 | | - | 67.23 EFFECTIVE DATE.This section is effective September 1, 2025. |
---|
2186 | | - | 67.24Sec. 34. Minnesota Statutes 2024, section 203B.11, subdivision 1, is amended to read: |
---|
2187 | | - | 67.25 Subdivision 1.Generally.(a) Each full-time municipal clerk or school district clerk |
---|
2188 | | - | 67.26who has authority under section 203B.05 to administer absentee voting laws must designate |
---|
2189 | | - | 67.27election judges to deliver absentee ballots in accordance with this section. The county auditor |
---|
2190 | | - | 67.28must also designate election judges to perform the duties in this section. A ballot may be |
---|
2191 | | - | 67.29delivered only to an eligible voter who is a temporary or permanent resident or patient in |
---|
2192 | | - | 67.30one of the following facilities located in the municipality in which the voter maintains |
---|
2193 | | - | 67.31residence: a health care facility, hospital, or veterans home operated by the board of directors |
---|
2194 | | - | 67.32of the Minnesota veterans homes under chapter 198. The ballots must be delivered by two |
---|
2195 | | - | 67.33election judges, each of whom is affiliated with a different major political party. When the |
---|
2196 | | - | 67Article 3 Sec. 34. |
---|
2197 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 68.1election judges deliver or return ballots as provided in this section, they must travel together |
---|
2198 | | - | 68.2in the same vehicle. Both election judges must be present when an applicant completes the |
---|
2199 | | - | 68.3certificate of eligibility and marks the absentee ballots, and may assist an applicant as |
---|
2200 | | - | 68.4provided in section 204C.15. The election judges must deposit the return envelopes containing |
---|
2201 | | - | 68.5the marked absentee ballots in a sealed container and return them to the clerk on the same |
---|
2202 | | - | 68.6day that they are delivered and marked. |
---|
2203 | | - | 68.7 (b) If a health care professional at the facility or hospital determines it is necessary to |
---|
2204 | | - | 68.8ensure the health and safety of election judges, the voter, or others at the facility or hospital, |
---|
2205 | | - | 68.9two employees of the facility or hospital may receive a ballot from the election judges and |
---|
2206 | | - | 68.10deliver the ballot to an individual voter in place of election judges, notwithstanding other |
---|
2207 | | - | 68.11requirements of this section. The employees must not in any manner request, persuade, |
---|
2208 | | - | 68.12induce, or attempt to persuade or induce the voter to vote for any particular political party |
---|
2209 | | - | 68.13or candidate. Both employees must be present when an applicant completes the certificate |
---|
2210 | | - | 68.14of eligibility and marks the absentee ballots, and may assist an applicant as provided in |
---|
2211 | | - | 68.15section 204C.15. The employees must return the ballot to the election judges immediately |
---|
2212 | | - | 68.16after the voter has finished voting. |
---|
2213 | | - | 68.17 (b) (c) At the discretion of a full-time municipal clerk, school district clerk, or county |
---|
2214 | | - | 68.18auditor, absentee ballots may be delivered in the same manner as prescribed in paragraph |
---|
2215 | | - | 68.19(a) to a shelter for battered women as defined in section 611A.37, subdivision 4, or to an |
---|
2216 | | - | 68.20assisted living facility licensed under chapter 144G. |
---|
2217 | | - | 68.21 EFFECTIVE DATE.This section is effective September 1, 2025. |
---|
2218 | | - | 68.22Sec. 35. Minnesota Statutes 2024, section 203B.121, subdivision 2, is amended to read: |
---|
2219 | | - | 68.23 Subd. 2.Duties of ballot board; absentee ballots.(a) The members of the ballot board |
---|
2220 | | - | 68.24shall take possession of all signature envelopes delivered to them in accordance with section |
---|
2221 | | - | 68.25203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk, |
---|
2222 | | - | 68.26two or more members of the ballot board shall examine each signature envelope and shall |
---|
2223 | | - | 68.27mark it accepted or rejected in the manner provided in this subdivision. Election judges |
---|
2224 | | - | 68.28performing the duties in this section must be of different major political parties, unless they |
---|
2225 | | - | 68.29are exempt from that requirement under section 204B.21, subdivision 2a; section 205.07, |
---|
2226 | | - | 68.30subdivision 4; section 205.075, subdivision 4,; or section 205A.10, subdivision 2. |
---|
2227 | | - | 68.31 (b) The members of the ballot board shall mark the signature envelope "Accepted" and |
---|
2228 | | - | 68.32initial or sign the signature envelope below the word "Accepted" if a majority of the members |
---|
2229 | | - | 68.33of the ballot board examining the envelope are satisfied that: |
---|
2230 | | - | 68Article 3 Sec. 35. |
---|
2231 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 69.1 (1) the voter's name and address on the signature envelope are the same as the information |
---|
2232 | | - | 69.2provided on the absentee ballot application or voter record; |
---|
2233 | | - | 69.3 (2) the voter signed the certification on the envelope; |
---|
2234 | | - | 69.4 (3) the voter's Minnesota driver's license, state identification number, or the last four |
---|
2235 | | - | 69.5digits of the voter's Social Security number are the same as a number on the voter's absentee |
---|
2236 | | - | 69.6ballot application or voter record. If the number does not match, the election judges must |
---|
2237 | | - | 69.7compare the signature provided by the applicant to determine whether the ballots were |
---|
2238 | | - | 69.8returned by the same person to whom they were transmitted; |
---|
2239 | | - | 69.9 (4) the voter is registered and eligible to vote in the precinct or has included a properly |
---|
2240 | | - | 69.10completed voter registration application in the signature envelope; |
---|
2241 | | - | 69.11 (5) the certificate has been completed as prescribed in the directions for casting an |
---|
2242 | | - | 69.12absentee ballot; and |
---|
2243 | | - | 69.13 (6) the voter has not already voted at that election, either in person or, if it is after the |
---|
2244 | | - | 69.14close of business on the 19th day before the election, as provided by section 203B.081. |
---|
2245 | | - | 69.15 The signature envelope from accepted ballots must be preserved and returned to the |
---|
2246 | | - | 69.16county auditor. |
---|
2247 | | - | 69.17 (c)(1) If a majority of the members of the ballot board examining a signature envelope |
---|
2248 | | - | 69.18find that an absentee voter has failed to meet one of the requirements provided in paragraph |
---|
2249 | | - | 69.19(b), they shall mark the signature envelope "Rejected," initial or sign it below the word |
---|
2250 | | - | 69.20"Rejected," list the reason for the rejection on the envelope, and return it to the county |
---|
2251 | | - | 69.21auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by |
---|
2252 | | - | 69.22this section. Failure to place the ballot within the ballot envelope before placing it in the |
---|
2253 | | - | 69.23outer white envelope is not a reason to reject an absentee ballot. |
---|
2254 | | - | 69.24 (2) If an envelope has been rejected at least five days before the election, the envelope |
---|
2255 | | - | 69.25must remain sealed and the official in charge of the ballot board shall provide the voter with |
---|
2256 | | - | 69.26a replacement absentee ballot and signature envelope in place of the rejected ballot. |
---|
2257 | | - | 69.27 (3) If an envelope is rejected within five days of the election, the envelope must remain |
---|
2258 | | - | 69.28sealed and the official in charge of the ballot board must attempt to contact the voter to |
---|
2259 | | - | 69.29notify the voter that the voter's ballot has been rejected by the method or methods of |
---|
2260 | | - | 69.30communication provided by the voter on the voter's application for an absentee ballot or |
---|
2261 | | - | 69.31voter registration. The official must document the attempts made to contact the voter. |
---|
2262 | | - | 69.32 (d) The official in charge of the absentee ballot board must mail the voter a written notice |
---|
2263 | | - | 69.33of absentee ballot rejection between six and ten weeks following the election. If the official |
---|
2264 | | - | 69Article 3 Sec. 35. |
---|
2265 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 70.1determines that the voter has otherwise cast a ballot in the election, no notice is required. |
---|
2266 | | - | 70.2If an absentee ballot arrives after the deadline for submission provided by this chapter, the |
---|
2267 | | - | 70.3notice must be provided between six to ten weeks after receipt of the ballot. A notice of |
---|
2268 | | - | 70.4absentee ballot rejection must contain the following information: |
---|
2269 | | - | 70.5 (1) the date on which the absentee ballot was rejected or, if the ballot was received after |
---|
2270 | | - | 70.6the required deadline for submission, the date on which the ballot was received; |
---|
2271 | | - | 70.7 (2) the reason for rejection; and |
---|
2272 | | - | 70.8 (3) the name of the appropriate election official to whom the voter may direct further |
---|
2273 | | - | 70.9questions, along with appropriate contact information. |
---|
2274 | | - | 70.10 (e) An absentee ballot signature envelope marked "Rejected" may not be opened or |
---|
2275 | | - | 70.11subject to further review except in an election contest filed pursuant to chapter 209. |
---|
2276 | | - | 70.12Sec. 36. Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read: |
---|
2277 | | - | 70.13 Subd. 4.Opening of envelopes.(a) After the close of business on the 19th day before |
---|
2278 | | - | 70.14the election, the ballots from secrecy ballot envelopes within the signature envelopes marked |
---|
2279 | | - | 70.15"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, |
---|
2280 | | - | 70.16subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate |
---|
2281 | | - | 70.17ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must |
---|
2282 | | - | 70.18be returned in the manner provided by section 204C.25 for return of spoiled ballots, and |
---|
2283 | | - | 70.19may not be counted. |
---|
2284 | | - | 70.20 (b) Accepted signature envelopes must be segregated by precinct and processed in |
---|
2285 | | - | 70.21accordance with this subdivision on a precinct-by-precinct basis. Precincts within a combined |
---|
2286 | | - | 70.22polling place established in section 205A.11, subdivision 2, may be processed together. At |
---|
2287 | | - | 70.23each step, members of the ballot board must notify the official responsible for the ballot |
---|
2288 | | - | 70.24board if there is a discrepancy in any count required by paragraphs (c) to (e) and note it in |
---|
2289 | | - | 70.25the ballot board incident log. |
---|
2290 | | - | 70.26 (c) Before opening accepted signature envelopes, two members of the ballot board must |
---|
2291 | | - | 70.27count and record the number of envelopes and ensure that the count matches either the |
---|
2292 | | - | 70.28number of accepted signature envelopes provided by the official responsible for the ballot |
---|
2293 | | - | 70.29board or the number of signature envelopes accepted by the ballot board that day. |
---|
2294 | | - | 70.30 (d) Two members of the ballot board must remove the ballots from the ballot envelopes. |
---|
2295 | | - | 70.31The governing body responsible for the ballot board must retain all ballot envelopes through |
---|
2296 | | - | 70.32the contest period of that election. |
---|
2297 | | - | 70Article 3 Sec. 36. |
---|
2298 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 71.1 (e) After ballots have been removed from the ballot envelopes, two members of the |
---|
2299 | | - | 71.2ballot board must count and record the number of ballots to ensure the count matches the |
---|
2300 | | - | 71.3number of accepted signature envelopes, accounting for any empty envelopes or spoiled |
---|
2301 | | - | 71.4ballots, which must be noted on the ballot board incident log. |
---|
2302 | | - | 71.5 Sec. 37. Minnesota Statutes 2024, section 203B.121, subdivision 5, is amended to read: |
---|
2303 | | - | 71.6 Subd. 5.Storage and counting of absentee ballots.(a) On a day on which absentee |
---|
2304 | | - | 71.7ballots are inserted into a ballot box, two members of the ballot board must: |
---|
2305 | | - | 71.8 (1) remove the ballots from the ballot box at the end of the day; |
---|
2306 | | - | 71.9 (2) without inspecting the ballots, ensure that the number of ballots removed from the |
---|
2307 | | - | 71.10ballot box is equal to the number of voters whose absentee ballots were accepted from the |
---|
2308 | | - | 71.11tally in subdivision 4 that were to be inserted into the ballot box that day; and |
---|
2309 | | - | 71.12 (3) seal and secure all voted and unvoted ballots present in that location at the end of |
---|
2310 | | - | 71.13the day. |
---|
2311 | | - | 71.14 (b) After the polls have closed on election day, two members of the ballot board must |
---|
2312 | | - | 71.15count the ballots, tabulating the vote in a manner that indicates each vote of the voter and |
---|
2313 | | - | 71.16the total votes cast for each candidate or question. In state primary and state general elections, |
---|
2314 | | - | 71.17the results must indicate the total votes cast for each candidate or question in each precinct |
---|
2315 | | - | 71.18and report the vote totals tabulated for each precinct. The count must be recorded on a |
---|
2316 | | - | 71.19summary statement in substantially the same format as provided in section 204C.26. The |
---|
2317 | | - | 71.20ballot board shall must submit at least one completed summary statement to the county |
---|
2318 | | - | 71.21auditor or municipal clerk. The county auditor or municipal clerk may require the ballot |
---|
2319 | | - | 71.22board to submit a sufficient number of completed summary statements to comply with the |
---|
2320 | | - | 71.23provisions of section 204C.27, or the county auditor or municipal clerk may certify reports |
---|
2321 | | - | 71.24containing the details of the ballot board summary statement to the recipients of the summary |
---|
2322 | | - | 71.25statements designated in section 204C.27. |
---|
2323 | | - | 71.26 In state primary and state general elections, These vote totals shall must be added to the |
---|
2324 | | - | 71.27vote totals on the summary statements of the returns for the appropriate precinct. In other |
---|
2325 | | - | 71.28elections, these vote totals may be added to the vote totals on the summary statement of |
---|
2326 | | - | 71.29returns for the appropriate precinct or may be reported as a separate total. |
---|
2327 | | - | 71.30 The count shall must be public. No vote totals from ballots may be made public before |
---|
2328 | | - | 71.31the close of voting on election day. |
---|
2329 | | - | 71.32 (c) In addition to the requirements of paragraphs (a) and (b), if the task has not been |
---|
2330 | | - | 71.33completed previously, the members of the ballot board must verify as soon as possible, but |
---|
2331 | | - | 71Article 3 Sec. 37. |
---|
2332 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 72.1no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots |
---|
2333 | | - | 72.2arrived after the rosters were marked or supplemental reports were generated and whose |
---|
2334 | | - | 72.3ballots were accepted did not vote in person on election day. An absentee ballot submitted |
---|
2335 | | - | 72.4by a voter who has voted in person on election day must be rejected. All other accepted |
---|
2336 | | - | 72.5absentee ballots must be opened in accordance with the procedures outlined in subdivision |
---|
2337 | | - | 72.64, except for the absentee ballots cast using the alternative procedure in section 203B.081, |
---|
2338 | | - | 72.7subdivision 3, duplicated if necessary, and counted by members of the ballot board. The |
---|
2339 | | - | 72.8vote totals from these ballots must be incorporated into the totals with the other absentee |
---|
2340 | | - | 72.9ballots and handled according to paragraph (b). |
---|
2341 | | - | 72.10Sec. 38. Minnesota Statutes 2024, section 203B.17, subdivision 3, is amended to read: |
---|
2342 | | - | 72.11 Subd. 3.Website security.(a) The secretary of state shall maintain a log of each Internet |
---|
2343 | | - | 72.12Protocol address used to submit an absentee ballot application electronically under this |
---|
2344 | | - | 72.13section, and must monitor the log, volume of website use, and other appropriate indicators |
---|
2345 | | - | 72.14for suspicious activity. Evidence of suspicious activity that cannot be resolved by the |
---|
2346 | | - | 72.15secretary of state must be forwarded to an appropriate law enforcement agency for |
---|
2347 | | - | 72.16investigation. |
---|
2348 | | - | 72.17 (b) The electronic absentee ballot application system must be secure. The website shall |
---|
2349 | | - | 72.18maintain the confidentiality of all users and preserve the integrity of the data submitted. |
---|
2350 | | - | 72.19The secretary of state shall employ security measures to ensure the accuracy and integrity |
---|
2351 | | - | 72.20of absentee ballot applications submitted electronically pursuant to this section. All data |
---|
2352 | | - | 72.21sent and received through the website must be encrypted. |
---|
2353 | | - | 72.22 (c) The secretary of state must provide ongoing testing and monitoring to ensure continued |
---|
2354 | | - | 72.23security. The secretary of state must work with the chief information officer as defined in |
---|
2355 | | - | 72.24section 16E.01, subdivision 1, or another security expert to annually assess the security of |
---|
2356 | | - | 72.25the system. The security assessment must include a certification signed by the secretary of |
---|
2357 | | - | 72.26state that states that adequate security measures are in place. The certification must also be |
---|
2358 | | - | 72.27signed by the chief information officer or another security expert affirming that the |
---|
2359 | | - | 72.28assessment is accurate. The secretary of state must submit the security assessment to the |
---|
2360 | | - | 72.29legislative auditor and to the chairs and ranking minority members of the committees in the |
---|
2361 | | - | 72.30senate and house of representatives with primary jurisdiction over elections by January 1 |
---|
2362 | | - | 72.31of each year, except that the first annual security assessment must be submitted by September |
---|
2363 | | - | 72.3230, 2014, and no report is required for January 1, 2015. |
---|
2364 | | - | 72Article 3 Sec. 38. |
---|
2365 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 73.1 (d) In developing the electronic absentee ballot application system, the secretary of state |
---|
2366 | | - | 73.2must consult with the chief information officer or the chief's designee to ensure the site is |
---|
2367 | | - | 73.3secure. |
---|
2368 | | - | 73.4 Sec. 39. Minnesota Statutes 2024, section 203B.23, subdivision 2, is amended to read: |
---|
2369 | | - | 73.5 Subd. 2.Duties.(a) The absentee ballot board must examine all returned absentee ballot |
---|
2370 | | - | 73.6envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the |
---|
2371 | | - | 73.7absentee ballots in the manner provided in section 203B.24. If the certificate of voter |
---|
2372 | | - | 73.8eligibility is not printed on the signature envelope, the certificate must be attached to the |
---|
2373 | | - | 73.9ballot envelope. |
---|
2374 | | - | 73.10 (b) The absentee ballot board must immediately examine the signature envelopes or |
---|
2375 | | - | 73.11certificates of voter eligibility that are attached to the ballot envelopes and mark them |
---|
2376 | | - | 73.12"accepted" or "rejected" during the 45 days before the election. If an envelope has been |
---|
2377 | | - | 73.13rejected at least five days before the election, the ballots in the envelope must be considered |
---|
2378 | | - | 73.14spoiled ballots and the official in charge of the absentee ballot board must provide the voter |
---|
2379 | | - | 73.15with a replacement absentee ballot and envelopes in place of the spoiled ballot. |
---|
2380 | | - | 73.16 (c) If a county has delegated the responsibility for administering absentee balloting to |
---|
2381 | | - | 73.17a municipality under section 203B.05, accepted absentee ballots must be delivered to the |
---|
2382 | | - | 73.18appropriate municipality's absentee ballot board, except as otherwise provided in this |
---|
2383 | | - | 73.19paragraph. If a municipality and county agree that the county's ballot board retains |
---|
2384 | | - | 73.20responsibility for ballots issued pursuant to sections 203B.16 to 203B.27, absentee ballots |
---|
2385 | | - | 73.21issued pursuant to these sections that are accepted must be opened, counted, and retained |
---|
2386 | | - | 73.22by the county's absentee ballot board. The absentee ballot board with the authority to open |
---|
2387 | | - | 73.23and count the ballots must do so in accordance with section 203B.121, subdivisions 4 and |
---|
2388 | | - | 73.245. |
---|
2389 | | - | 73.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2390 | | - | 73.26Sec. 40. Minnesota Statutes 2024, section 203B.29, subdivision 1, is amended to read: |
---|
2391 | | - | 73.27 Subdivision 1.Emergency response providers.Any eligible Minnesota voter who is |
---|
2392 | | - | 73.28a trained or certified emergency response provider or utility worker who is deployed in |
---|
2393 | | - | 73.29response to any state of emergency declared by the President of the United States or any |
---|
2394 | | - | 73.30governor of any state within the United States during the time period authorized by law for |
---|
2395 | | - | 73.31absentee voting or on election day may request that ballots, instructions, and a certificate |
---|
2396 | | - | 73.32of voter eligibility be transmitted to the voter electronically. Upon receipt of a properly |
---|
2397 | | - | 73.33completed application requesting electronic transmission, the county auditor must |
---|
2398 | | - | 73Article 3 Sec. 40. |
---|
2399 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 74.1electronically transmit the requested materials to the voter. The absentee ballot application |
---|
2400 | | - | 74.2deadlines in section 203B.04, subdivision 1, do not apply to this subdivision. The county |
---|
2401 | | - | 74.3auditor is not required to provide return postage to voters to whom ballots are transmitted |
---|
2402 | | - | 74.4electronically. |
---|
2403 | | - | 74.5 Sec. 41. Minnesota Statutes 2024, section 203B.29, subdivision 2, is amended to read: |
---|
2404 | | - | 74.6 Subd. 2.Reasonable accommodation for voter with disability.Any eligible Minnesota |
---|
2405 | | - | 74.7voter with a print disability, including any voter with disabilities that interfere with the |
---|
2406 | | - | 74.8effective reading, writing, or use of printed materials, may request that ballots, instructions, |
---|
2407 | | - | 74.9and a certificate of voter eligibility be transmitted to the voter electronically in an accessible |
---|
2408 | | - | 74.10format that meets Election Assistance Commission minimum accessibility requirements. |
---|
2409 | | - | 74.11Upon receipt of a properly completed application requesting electronic transmission, the |
---|
2410 | | - | 74.12county auditor shall electronically transmit the requested materials to the voter. The absentee |
---|
2411 | | - | 74.13ballot application deadlines in section 203B.04, subdivision 1, do not apply to this |
---|
2412 | | - | 74.14subdivision. The county auditor must also mail the voter materials required under section |
---|
2413 | | - | 74.15203B.07. |
---|
2414 | | - | 74.16Sec. 42. Minnesota Statutes 2024, section 203B.30, subdivision 2, is amended to read: |
---|
2415 | | - | 74.17 Subd. 2.Voting procedure.(a) When a voter appears in an early voting polling place, |
---|
2416 | | - | 74.18the voter must state the voter's name, address, and, if requested, the voter's date of birth to |
---|
2417 | | - | 74.19the early voting official. The early voting official must confirm that the voter's registration |
---|
2418 | | - | 74.20is current in the statewide voter registration system and that the voter has not already cast |
---|
2419 | | - | 74.21a ballot in the election. If the voter's status is challenged, the voter may resolve the challenge |
---|
2420 | | - | 74.22as provided in section 204C.12. An individual who is not registered to vote or must register |
---|
2421 | | - | 74.23and a voter whose name or address has changed must register update the voter's registration |
---|
2422 | | - | 74.24in the manner provided in section 201.061, subdivision 3. A voter who has already cast a |
---|
2423 | | - | 74.25ballot in the election must not be provided with a ballot. |
---|
2424 | | - | 74.26 (b) Each voter must sign the certification provided in section 204C.10. The signature of |
---|
2425 | | - | 74.27an individual on the voter's certificate and the issuance of a ballot to the individual is evidence |
---|
2426 | | - | 74.28of the intent of the individual to vote at that election. After the voter signs the certification, |
---|
2427 | | - | 74.29two early voting officials must initial the ballot and issue it to the voter. The voter must |
---|
2428 | | - | 74.30immediately retire to a voting station or other designated location in the polling place to |
---|
2429 | | - | 74.31mark the ballot. The voter must not take a ballot from the polling place. If the voter spoils |
---|
2430 | | - | 74.32the ballot, the voter may return it to the early voting official in exchange for a new ballot. |
---|
2431 | | - | 74.33After completing the ballot, the voter must deposit the ballot into the ballot counter and |
---|
2432 | | - | 74Article 3 Sec. 42. |
---|
2433 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 75.1ballot box. The early voting official must immediately record that the voter has voted in the |
---|
2434 | | - | 75.2manner provided in section 203B.121, subdivision 3. |
---|
2435 | | - | 75.3 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of |
---|
2436 | | - | 75.4the early voting certification and applies to elections held on or after the 85th day after the |
---|
2437 | | - | 75.5revisor of statutes receives the certification. |
---|
2438 | | - | 75.6 Sec. 43. Minnesota Statutes 2024, section 203B.30, subdivision 3, is amended to read: |
---|
2439 | | - | 75.7 Subd. 3.Processing of ballots.Each day when early voting occurs, the early voting |
---|
2440 | | - | 75.8officials must: |
---|
2441 | | - | 75.9 (1) remove and secure ballots cast during the early voting period following the procedures |
---|
2442 | | - | 75.10in section 203B.121, subdivision 5, paragraph (a)., noting the date, voting location, and |
---|
2443 | | - | 75.11number of ballots cast; |
---|
2444 | | - | 75.12 (2) without inspecting the ballots, ensure that the number of ballots removed from the |
---|
2445 | | - | 75.13ballot box is equal to the number of voter certificates that were signed by voters in subdivision |
---|
2446 | | - | 75.142, paragraph (b); and |
---|
2447 | | - | 75.15 (3) seal and secure all voted and unvoted ballots present in that location at the end of |
---|
2448 | | - | 75.16the day. |
---|
2449 | | - | 75.17 The absentee ballot board must count the ballots after the polls have closed on election |
---|
2450 | | - | 75.18day following the procedures in section 203B.121, subdivision 5, paragraph (b). |
---|
2451 | | - | 75.19 EFFECTIVE DATE.This section is effective upon the revisor of statutes' receipt of |
---|
2452 | | - | 75.20the early voting certification and applies to elections held on or after the 85th day after the |
---|
2453 | | - | 75.21revisor of statutes receives the certification. |
---|
2454 | | - | 75.22Sec. 44. Minnesota Statutes 2024, section 204B.06, subdivision 1, is amended to read: |
---|
2455 | | - | 75.23 Subdivision 1.Form of affidavit.(a) An affidavit of candidacy shall state the name of |
---|
2456 | | - | 75.24the office sought and, except as provided in subdivision 4, shall state that the candidate: |
---|
2457 | | - | 75.25 (1) is an eligible voter; |
---|
2458 | | - | 75.26 (2) has no other affidavit on file as a candidate for any office at the same primary or |
---|
2459 | | - | 75.27next ensuing general election, except as authorized by subdivision 9; and |
---|
2460 | | - | 75.28 (3) is, or will be on assuming the office, 21 years of age or more, and will have maintained |
---|
2461 | | - | 75.29residence in the district from which the candidate seeks election for 30 days before the |
---|
2462 | | - | 75.30general election. |
---|
2463 | | - | 75Article 3 Sec. 44. |
---|
2464 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 76.1 (b) An affidavit of candidacy must include a statement that the candidate's name as |
---|
2465 | | - | 76.2written on the affidavit for ballot designation is the candidate's true name or the name by |
---|
2466 | | - | 76.3which the candidate is commonly and generally known in the community. and: |
---|
2467 | | - | 76.4 (1) the phonetic spelling or an explanation for the pronunciation of the full name |
---|
2468 | | - | 76.5designated for the ballot; or |
---|
2469 | | - | 76.6 (2) a certification that the candidate is directing the official responsible for programming |
---|
2470 | | - | 76.7materials for the election to use the applicable technology's default pronunciation of the |
---|
2471 | | - | 76.8candidate's name. |
---|
2472 | | - | 76.9 (c) An affidavit of candidacy for partisan office shall also state the name of the candidate's |
---|
2473 | | - | 76.10political party or political principle, stated in three words or less. |
---|
2474 | | - | 76.11 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
2475 | | - | 76.12Sec. 45. Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read: |
---|
2476 | | - | 76.13 Subd. 1b.Address, electronic mail address, and telephone number.(a) An affidavit |
---|
2477 | | - | 76.14of candidacy must state a telephone number where the candidate can be contacted. An |
---|
2478 | | - | 76.15affidavit must also state the candidate's or campaign's nongovernment issued electronic |
---|
2479 | | - | 76.16mail address or an attestation that the candidate and the candidate's campaign do not possess |
---|
2480 | | - | 76.17an electronic mail address. Except for affidavits of candidacy for (1) judicial office, (2) the |
---|
2481 | | - | 76.18office of county attorney, or (3) county sheriff, an affidavit must also state the candidate's |
---|
2482 | | - | 76.19current address of residence as determined under section 200.031, or at the candidate's |
---|
2483 | | - | 76.20request in accordance with paragraph (c), the candidate's campaign contact address. When |
---|
2484 | | - | 76.21filing the affidavit, the candidate must present the filing officer with the candidate's valid |
---|
2485 | | - | 76.22driver's license or state identification card that contains the candidate's current address of |
---|
2486 | | - | 76.23residence, or documentation of proof of residence authorized for election day registration |
---|
2487 | | - | 76.24in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item (ii); or paragraph |
---|
2488 | | - | 76.25(d). If an original bill is shown, the due date on the bill must be within 30 days before or |
---|
2489 | | - | 76.26after the beginning of the filing period or, for bills without a due date, dated within 30 days |
---|
2490 | | - | 76.27before the beginning of the filing period. If the address on the affidavit and the documentation |
---|
2491 | | - | 76.28do not match, the filing officer must not accept the affidavit. The form for the affidavit of |
---|
2492 | | - | 76.29candidacy must allow the candidate to request, if eligible, that the candidate's address of |
---|
2493 | | - | 76.30residence be classified as private data, and to provide the certification required under |
---|
2494 | | - | 76.31paragraph (c) for classification of that address. |
---|
2495 | | - | 76.32 (b) If an affidavit for an office where a residency requirement must be satisfied by the |
---|
2496 | | - | 76.33close of the filing period is filed as provided by paragraph (c), the filing officer must, within |
---|
2497 | | - | 76Article 3 Sec. 45. |
---|
2498 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 77.1one business day of receiving the filing, determine whether the address provided in the |
---|
2499 | | - | 77.2affidavit of candidacy is within the area represented by the office the candidate is seeking. |
---|
2500 | | - | 77.3For all other candidates who filed for an office whose residency requirement must be satisfied |
---|
2501 | | - | 77.4by the close of the filing period, a registered voter in this state may request in writing that |
---|
2502 | | - | 77.5the filing officer receiving the affidavit of candidacy review the address as provided in this |
---|
2503 | | - | 77.6paragraph, at any time up to one day after the last day for filing for office. If requested, the |
---|
2504 | | - | 77.7filing officer must determine whether the address provided in the affidavit of candidacy is |
---|
2505 | | - | 77.8within the area represented by the office the candidate is seeking. If the filing officer |
---|
2506 | | - | 77.9determines that the address is not within the area represented by the office, the filing officer |
---|
2507 | | - | 77.10must immediately notify the candidate and the candidate's name must be removed from the |
---|
2508 | | - | 77.11ballot for that office. A determination made by a filing officer under this paragraph is subject |
---|
2509 | | - | 77.12to judicial review under section 204B.44. |
---|
2510 | | - | 77.13 (c) If the candidate requests that the candidate's address of residence be classified as |
---|
2511 | | - | 77.14private data, the candidate must list the candidate's address of residence on a separate form |
---|
2512 | | - | 77.15to be attached to the affidavit. The candidate must also certify on the affidavit that either: |
---|
2513 | | - | 77.16(1) a police report has been submitted, an order for protection has been issued, or the |
---|
2514 | | - | 77.17candidate has a reasonable fear in regard to the safety of the candidate or the candidate's |
---|
2515 | | - | 77.18family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The |
---|
2516 | | - | 77.19address of residence provided by a candidate who makes a request for classification on the |
---|
2517 | | - | 77.20candidate's affidavit of candidacy and provides the certification required by this paragraph |
---|
2518 | | - | 77.21is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed |
---|
2519 | | - | 77.22by the filing officer as provided in this subdivision. |
---|
2520 | | - | 77.23 (d) The requirements of this subdivision do not apply to affidavits of candidacy for a |
---|
2521 | | - | 77.24candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff. |
---|
2522 | | - | 77.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2523 | | - | 77.26Sec. 46. Minnesota Statutes 2024, section 204B.07, subdivision 2, is amended to read: |
---|
2524 | | - | 77.27 Subd. 2.Petitions for presidential electors and alternates.(a) This subdivision section |
---|
2525 | | - | 77.28does not apply to candidates for presidential elector or alternate nominated by major political |
---|
2526 | | - | 77.29parties. Major party candidates for presidential elector or alternate are certified under section |
---|
2527 | | - | 77.30208.03. Other presidential electors or alternates are nominated by petition pursuant to this |
---|
2528 | | - | 77.31section. |
---|
2529 | | - | 77.32 (b) On petitions nominating presidential electors or alternates, the names of the candidates |
---|
2530 | | - | 77.33for president and vice-president shall be added to the political party or political principle |
---|
2531 | | - | 77.34stated on the petition. One petition may be filed to nominate a slate of presidential electors |
---|
2532 | | - | 77Article 3 Sec. 46. |
---|
2533 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 78.1equal in number to the number of electors to which the state is entitled and an alternate for |
---|
2534 | | - | 78.2each elector nominee. |
---|
2535 | | - | 78.3 (c) In addition to the petition, each nominated candidate must submit a signed, notarized |
---|
2536 | | - | 78.4affidavit of candidacy for president or vice president that includes the following information: |
---|
2537 | | - | 78.5 (1) the candidate's name in the form as it should appear on the ballot; |
---|
2538 | | - | 78.6 (2) the candidate's campaign address, website, phone number, and email address; |
---|
2539 | | - | 78.7 (3) the name of the political party or political principle stated on the petition; |
---|
2540 | | - | 78.8 (4) the office sought by the candidate; and |
---|
2541 | | - | 78.9 (5) a declaration that the candidate is aware of and will follow all applicable election |
---|
2542 | | - | 78.10laws and campaign finance laws. |
---|
2543 | | - | 78.11Sec. 47. Minnesota Statutes 2024, section 204B.09, subdivision 1a, is amended to read: |
---|
2544 | | - | 78.12 Subd. 1a.Absent candidates.(a) A candidate for special district, county, state, or federal |
---|
2545 | | - | 78.13office who will be absent from the state during the filing period may submit a properly |
---|
2546 | | - | 78.14executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in |
---|
2547 | | - | 78.15person to the filing officer. The candidate shall state in writing the reason for being unable |
---|
2548 | | - | 78.16to submit the affidavit during the filing period. The affidavit, filing fee, if any, and petitions |
---|
2549 | | - | 78.17must be submitted to the filing officer during the seven days immediately preceding the |
---|
2550 | | - | 78.18candidate's absence from the state. Nominating petitions may be signed during the 14 days |
---|
2551 | | - | 78.19immediately preceding the date when the affidavit of candidacy is filed. |
---|
2552 | | - | 78.20 (b) A candidate for special district, county, state, or federal office who will be absent |
---|
2553 | | - | 78.21from the state during the entire filing period or who must leave the state for the remainder |
---|
2554 | | - | 78.22of the filing period and who certifies to the secretary of state that the circumstances constitute |
---|
2555 | | - | 78.23an emergency and were unforeseen, may submit a properly executed affidavit of candidacy |
---|
2556 | | - | 78.24by facsimile device or by transmitting electronically a scanned image of the affidavit and |
---|
2557 | | - | 78.25proof of residence required in section 204B.06, subdivision 1b, to the secretary of state |
---|
2558 | | - | 78.26during the filing period. The candidate shall state in writing the specific reason for being |
---|
2559 | | - | 78.27unable to submit the affidavit by mail or by hand during the filing period or in person prior |
---|
2560 | | - | 78.28to the start of the filing period. The affidavit of candidacy, filing fee, if any, and any necessary |
---|
2561 | | - | 78.29petitions must be received by the secretary of state by 5:00 p.m. on the last day for filing. |
---|
2562 | | - | 78.30If the candidate is filing for a special district or county office, the secretary of state shall |
---|
2563 | | - | 78.31forward the affidavit of candidacy, filing fee, if any, and any necessary petitions to the |
---|
2564 | | - | 78.32appropriate filing officer. Copies of a proof of residence submitted under this subdivision |
---|
2565 | | - | 78.33are private data on individuals, as defined in section 13.02, subdivision 12. |
---|
2566 | | - | 78Article 3 Sec. 47. |
---|
2567 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 79.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2568 | | - | 79.2 Sec. 48. Minnesota Statutes 2024, section 204B.09, subdivision 2, is amended to read: |
---|
2569 | | - | 79.3 Subd. 2.Other elections.(a) Affidavits of candidacy and nominating petitions for city, |
---|
2570 | | - | 79.4town or other elective offices shall be filed during the time and with the official specified |
---|
2571 | | - | 79.5in chapter 205 or other applicable law or charter, except as provided for a special district |
---|
2572 | | - | 79.6candidate under subdivision 1a. Affidavits of candidacy and applications filed on behalf of |
---|
2573 | | - | 79.7eligible voters for school board office shall be filed during the time and with the official |
---|
2574 | | - | 79.8specified in chapter 205A or other applicable law. Affidavits of candidacy, including proof |
---|
2575 | | - | 79.9of residence required in section 204B.06, subdivision 1b, and nominating petitions filed |
---|
2576 | | - | 79.10under this subdivision must be submitted by mail or by hand, notwithstanding chapter 325L, |
---|
2577 | | - | 79.11or any other law to the contrary, and must be received by the appropriate official within the |
---|
2578 | | - | 79.12specified time for the filing of affidavits and petitions for the office. Copies of a proof of |
---|
2579 | | - | 79.13residence submitted by mail are private data on individuals, as defined in section 13.02, |
---|
2580 | | - | 79.14subdivision 12. |
---|
2581 | | - | 79.15 (b) The official receiving the filing shall notify the official responsible for preparing the |
---|
2582 | | - | 79.16ballot of the names of the candidates placed on the ballot, any changes to candidates, or |
---|
2583 | | - | 79.17other information necessary to prepare the ballot. The notification must be made within one |
---|
2584 | | - | 79.18business day of receiving the filing or change or immediately following the close of the |
---|
2585 | | - | 79.19filing period, whichever is sooner, unless the clerk and official agree to an alternative |
---|
2586 | | - | 79.20notification timeline. |
---|
2587 | | - | 79.21 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2588 | | - | 79.22Sec. 49. Minnesota Statutes 2024, section 204B.09, subdivision 3, is amended to read: |
---|
2589 | | - | 79.23 Subd. 3.Write-in candidates.(a) A candidate for county, state, or federal office who |
---|
2590 | | - | 79.24wants write-in votes for the candidate to be counted must file a written request with the |
---|
2591 | | - | 79.25filing office for the office sought not more than 84 days before the primary and no later |
---|
2592 | | - | 79.26than the seventh 19th day before the general election. The filing officer shall provide copies |
---|
2593 | | - | 79.27of the form to make the request. The filing officer shall not accept a written request later |
---|
2594 | | - | 79.28than 5:00 p.m. on the last day for filing a written request. |
---|
2595 | | - | 79.29 (b) The governing body of a statutory or home rule charter city may adopt a resolution |
---|
2596 | | - | 79.30governing the counting of write-in votes for local elective office. The resolution may: |
---|
2597 | | - | 79Article 3 Sec. 49. |
---|
2598 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 80.1 (1) require the candidate to file a written request with the chief election official no later |
---|
2599 | | - | 80.2than the seventh 19th day before the city election if the candidate wants to have the |
---|
2600 | | - | 80.3candidate's write-in votes individually recorded; or |
---|
2601 | | - | 80.4 (2) require that write-in votes for an individual candidate only be individually recorded |
---|
2602 | | - | 80.5if the total number of write-in votes for that office is equal to or greater than the fewest |
---|
2603 | | - | 80.6number of non-write-in votes for a ballot candidate. |
---|
2604 | | - | 80.7If the governing body of the statutory or home rule charter city adopts a resolution authorized |
---|
2605 | | - | 80.8by this paragraph, the resolution must be adopted and the city clerk must notify the county |
---|
2606 | | - | 80.9auditor before the first day of filing for office. A resolution adopted under this paragraph |
---|
2607 | | - | 80.10remains in effect until a subsequent resolution on the same subject is adopted by the |
---|
2608 | | - | 80.11governing body of the statutory or home rule charter city. |
---|
2609 | | - | 80.12 (c) The governing body of a township, school district, hospital district, park district, soil |
---|
2610 | | - | 80.13and water district, or other ancillary elected district may adopt a resolution governing the |
---|
2611 | | - | 80.14counting of write-in votes for local elective office. The resolution may require that write-in |
---|
2612 | | - | 80.15votes for an individual candidate only be individually recorded if the total number of write-in |
---|
2613 | | - | 80.16votes for that office is equal to or greater than the fewest number of non-write-in votes for |
---|
2614 | | - | 80.17a ballot candidate. If a governing body adopts a resolution authorized by this paragraph, |
---|
2615 | | - | 80.18the resolution must be adopted and the clerk must notify the county auditor before the first |
---|
2616 | | - | 80.19day of filing for office. A resolution adopted under this paragraph remains in effect until a |
---|
2617 | | - | 80.20subsequent resolution on the same subject is adopted by the governing body. |
---|
2618 | | - | 80.21 (d) A candidate for president of the United States who files a request under this |
---|
2619 | | - | 80.22subdivision must include the name of a candidate for vice president of the United States. |
---|
2620 | | - | 80.23The request must also include the name of at least one candidate for presidential elector. |
---|
2621 | | - | 80.24The total number of names of candidates for presidential elector on the request may not |
---|
2622 | | - | 80.25exceed the total number of electoral votes to be cast by Minnesota in the presidential election. |
---|
2623 | | - | 80.26 (e) A candidate for governor who files a request under this subdivision must file jointly |
---|
2624 | | - | 80.27with another individual seeking nomination as a candidate for lieutenant governor. A |
---|
2625 | | - | 80.28candidate for lieutenant governor who files a request under this subdivision must file jointly |
---|
2626 | | - | 80.29with another individual seeking nomination as a candidate for governor. |
---|
2627 | | - | 80.30 EFFECTIVE DATE.This section is effective on January 1, 2026. |
---|
2628 | | - | 80.31Sec. 50. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read: |
---|
2629 | | - | 80.32 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute |
---|
2630 | | - | 80.33at least one election precinct: |
---|
2631 | | - | 80Article 3 Sec. 50. |
---|
2632 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 81.1 (1) each city ward; and |
---|
2633 | | - | 81.2 (2) each town and each statutory city. |
---|
2634 | | - | 81.3 (b) A single, accessible, combined polling place may be established no later than |
---|
2635 | | - | 81.4November 1 if a presidential nomination primary is scheduled to occur in the following |
---|
2636 | | - | 81.5year or May 1 of any other year: |
---|
2637 | | - | 81.6 (1) for any city of the third or fourth class, any town, or any city having territory in more |
---|
2638 | | - | 81.7than one county, in which all the voters of the city or town shall cast their ballots; |
---|
2639 | | - | 81.8 (2) for contiguous precincts in the same municipality; |
---|
2640 | | - | 81.9 (3) for up to four contiguous municipalities located entirely outside the metropolitan |
---|
2641 | | - | 81.10area, as defined by section 200.02, subdivision 24, that are contained in the same county; |
---|
2642 | | - | 81.11or |
---|
2643 | | - | 81.12 (4) for noncontiguous precincts located in one or more counties. |
---|
2644 | | - | 81.13 Subject to the requirements of paragraph (c), a single, accessible, combined polling place |
---|
2645 | | - | 81.14may be established after May 1 of any year in the event of an emergency. |
---|
2646 | | - | 81.15 A copy of the ordinance or resolution establishing a combined polling place must be |
---|
2647 | | - | 81.16filed with the county auditor within 30 days after approval by the governing body, and the |
---|
2648 | | - | 81.17county auditor must provide notice within ten days to the secretary of state, in a manner |
---|
2649 | | - | 81.18and including information prescribed by the secretary of state. A polling place combined |
---|
2650 | | - | 81.19under clause (3) must be approved by the governing body of each participating municipality. |
---|
2651 | | - | 81.20A polling place combined under clause (4) must be approved by the governing body of each |
---|
2652 | | - | 81.21participating municipality and the secretary of state and may be located outside any of the |
---|
2653 | | - | 81.22noncontiguous precincts. A municipality withdrawing from participation in a combined |
---|
2654 | | - | 81.23polling place must do so by filing a resolution of withdrawal with the county auditor no |
---|
2655 | | - | 81.24later than October 1 if a presidential nomination primary is scheduled to occur in the |
---|
2656 | | - | 81.25following year or April 1 of any other year, and the county auditor must provide notice |
---|
2657 | | - | 81.26within ten days to the secretary of state, in a manner and including information prescribed |
---|
2658 | | - | 81.27by the secretary of state. |
---|
2659 | | - | 81.28 The secretary of state shall provide a separate polling place roster for each precinct |
---|
2660 | | - | 81.29served by the combined polling place, except that. In a precinct that uses electronic rosters, |
---|
2661 | | - | 81.30the secretary of state shall provide separate data files for each precinct and the election |
---|
2662 | | - | 81.31official responsible for the electronic rosters may combine the files as necessary to be loaded |
---|
2663 | | - | 81.32onto one or more electronic rosters, provided that the requirements under section 201.225, |
---|
2664 | | - | 81.33subdivision 2, are met. A single set of election judges may be appointed to serve at a |
---|
2665 | | - | 81Article 3 Sec. 50. |
---|
2666 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 82.1combined polling place. The number of election judges required must be based on the total |
---|
2667 | | - | 82.2number of persons voting at the last similar election in all precincts to be voting at the |
---|
2668 | | - | 82.3combined polling place. Separate ballot boxes must be provided for the ballots from each |
---|
2669 | | - | 82.4precinct. The results of the election must be reported separately for each precinct served by |
---|
2670 | | - | 82.5the combined polling place, except in a polling place established under clause (2) where |
---|
2671 | | - | 82.6one of the precincts has fewer than ten registered voters, in which case the results of that |
---|
2672 | | - | 82.7precinct must be reported in the manner specified by the secretary of state. |
---|
2673 | | - | 82.8 (c) If a local elections official determines that an emergency situation preventing the |
---|
2674 | | - | 82.9safe, secure, and full operation of a polling place on election day has occurred or is imminent, |
---|
2675 | | - | 82.10the local elections official may combine two or more polling places for that election pursuant |
---|
2676 | | - | 82.11to this subdivision. To the extent possible, the polling places must be combined and the |
---|
2677 | | - | 82.12election conducted according to the requirements of paragraph (b), except that: |
---|
2678 | | - | 82.13 (1) polling places may be combined after May 1 and until the polls close on election |
---|
2679 | | - | 82.14day; |
---|
2680 | | - | 82.15 (2) any city or town, regardless of size or location, may establish a combined polling |
---|
2681 | | - | 82.16place under this paragraph; |
---|
2682 | | - | 82.17 (3) the governing body is not required to adopt an ordinance or resolution to establish |
---|
2683 | | - | 82.18the combined polling place; |
---|
2684 | | - | 82.19 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved |
---|
2685 | | - | 82.20by the local election official of each participating municipality; |
---|
2686 | | - | 82.21 (5) the local elections official must immediately notify the county auditor and the |
---|
2687 | | - | 82.22secretary of state of the combination, including the reason for the emergency combination |
---|
2688 | | - | 82.23and the location of the combined polling place. As soon as possible, the local elections |
---|
2689 | | - | 82.24official must also post a notice stating the reason for the combination and the location of |
---|
2690 | | - | 82.25the combined polling place. The notice must also be posted on the governing board's website, |
---|
2691 | | - | 82.26if one exists. The local elections official must also notify the election judges and request |
---|
2692 | | - | 82.27that local media outlets publicly announce the reason for the combination and the location |
---|
2693 | | - | 82.28of the combined polling place; and |
---|
2694 | | - | 82.29 (6) on election day, the local elections official must post a notice in large print in a |
---|
2695 | | - | 82.30conspicuous place at the polling place where the emergency occurred, if practical, stating |
---|
2696 | | - | 82.31the location of the combined polling place. The local election official must also post the |
---|
2697 | | - | 82.32notice, if practical, in a location visible by voters who vote from their motor vehicles as |
---|
2698 | | - | 82.33provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to |
---|
2699 | | - | 82.34section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph |
---|
2700 | | - | 82Article 3 Sec. 50. |
---|
2701 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 83.1must include a statement that the polling place hours at the combined polling place will be |
---|
2702 | | - | 83.2extended until the specified time. |
---|
2703 | | - | 83.3 EFFECTIVE DATE.This section is effective June 1, 2025. |
---|
2704 | | - | 83.4 Sec. 51. Minnesota Statutes 2024, section 204B.14, subdivision 4a, is amended to read: |
---|
2705 | | - | 83.5 Subd. 4a.Municipal boundary adjustment procedure.A change in the boundary of |
---|
2706 | | - | 83.6an election precinct that has occurred as a result of a municipal boundary adjustment made |
---|
2707 | | - | 83.7under chapter 414 that is effective more than 21 46 days before a regularly scheduled election |
---|
2708 | | - | 83.8takes effect at the scheduled election. |
---|
2709 | | - | 83.9 A change in the boundary of an election precinct that has occurred as a result of a |
---|
2710 | | - | 83.10municipal boundary adjustment made under chapter 414 that is effective less than 21 46 or |
---|
2711 | | - | 83.11fewer days before a regularly scheduled election takes effect the day after the scheduled |
---|
2712 | | - | 83.12election. |
---|
2713 | | - | 83.13Sec. 52. Minnesota Statutes 2024, section 204B.16, subdivision 1a, is amended to read: |
---|
2714 | | - | 83.14 Subd. 1a.Notice to voters.(a) If the location of a polling place has been changed, the |
---|
2715 | | - | 83.15governing body establishing the polling place shall send to every affected household with |
---|
2716 | | - | 83.16at least one registered voter in the precinct a nonforwardable mailed notice stating the |
---|
2717 | | - | 83.17location of the new polling place at least 25 days before the next election. The secretary of |
---|
2718 | | - | 83.18state shall prepare a sample of this notice. A notice that is returned as undeliverable must |
---|
2719 | | - | 83.19be forwarded immediately to the county auditor. This subdivision does not apply to a polling |
---|
2720 | | - | 83.20place location that is changed on election day under section 204B.175. |
---|
2721 | | - | 83.21 (b) If the location of a polling place has been changed, the local official for the governing |
---|
2722 | | - | 83.22body establishing the polling place must post a notice in large print and in a conspicuous |
---|
2723 | | - | 83.23place at the closed polling place, if practical, stating the location of the new polling place. |
---|
2724 | | - | 83.24The local election official must also post the notice, if practical, in a location visible by |
---|
2725 | | - | 83.25voters who vote from their motor vehicles as provided in section 204C.15, subdivision 2. |
---|
2726 | | - | 83.26The notice must be in all languages required under section 204B.295 for that precinct. The |
---|
2727 | | - | 83.27notice must be posted for each special, primary, and general election until a November |
---|
2728 | | - | 83.28presidential election or redistricting has occurred. The secretary of state shall prepare a |
---|
2729 | | - | 83.29sample of this notice. |
---|
2730 | | - | 83.30Sec. 53. Minnesota Statutes 2024, section 204B.175, subdivision 3, is amended to read: |
---|
2731 | | - | 83.31 Subd. 3.Notice.(a) Upon making the determination to relocate a polling place, the local |
---|
2732 | | - | 83.32election official must immediately notify the county auditor and the secretary of state. The |
---|
2733 | | - | 83Article 3 Sec. 53. |
---|
2734 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 84.1notice must include the reason for the relocation and the reason for the location of the new |
---|
2735 | | - | 84.2polling place. As soon as possible, the local election official must also post a notice stating |
---|
2736 | | - | 84.3the reason for the relocation and the location of the new polling place. The notice must also |
---|
2737 | | - | 84.4be posted on the website of the public body, if there is one. The local election official must |
---|
2738 | | - | 84.5also notify the election judges and request that local media outlets publicly announce the |
---|
2739 | | - | 84.6reason for the relocation and the location of the polling place. If the relocation occurs more |
---|
2740 | | - | 84.7than 14 days prior to the election, the local election official must mail a notice to the impacted |
---|
2741 | | - | 84.8voters of the reason for the relocation and the location of the polling place. |
---|
2742 | | - | 84.9 (b) On election day, the local election official must post a notice in large print in a |
---|
2743 | | - | 84.10conspicuous place at the polling place where the emergency occurred, if practical, stating |
---|
2744 | | - | 84.11the location of the new polling place. The local election official must also post the notice, |
---|
2745 | | - | 84.12if practical, in a location visible by voters who vote from their motor vehicles as provided |
---|
2746 | | - | 84.13in section 204C.15, subdivision 2. If polling place hours are extended pursuant to section |
---|
2747 | | - | 84.14204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph must |
---|
2748 | | - | 84.15include a statement that the polling place hours at the new polling place will be extended |
---|
2749 | | - | 84.16until the specified time. Notices required by this paragraph must be in all languages required |
---|
2750 | | - | 84.17under section 204B.295 for that precinct. |
---|
2751 | | - | 84.18Sec. 54. [204B.182] CHAIN OF CUSTODY PLANS. |
---|
2752 | | - | 84.19 (a) The county auditor must develop a county elections chain of custody plan to be used |
---|
2753 | | - | 84.20in all state, county, municipal, school district, and special district elections held in that |
---|
2754 | | - | 84.21county. If any of the political subdivisions cross county lines, the affected counties must |
---|
2755 | | - | 84.22make efforts to ensure that the elections chain of custody procedures affecting the local |
---|
2756 | | - | 84.23jurisdiction are uniform throughout the jurisdiction. County auditors must file the elections |
---|
2757 | | - | 84.24chain of custody plans with the secretary of state. |
---|
2758 | | - | 84.25 (b) The chain of custody plan must account for both the physical and cyber security of |
---|
2759 | | - | 84.26elections-related materials. The plan must include sample chain of custody documentation. |
---|
2760 | | - | 84.27 (c) The secretary of state may provide additional guidance to counties on elections chain |
---|
2761 | | - | 84.28of custody best practices and planning. |
---|
2762 | | - | 84.29 (d) A municipal clerk, school district clerk, or special district clerk must utilize either |
---|
2763 | | - | 84.30the county chain of custody plan or create a local chain of custody plan for use in local |
---|
2764 | | - | 84.31elections not held in conjunction with federal, state, or county elections that meets or exceeds |
---|
2765 | | - | 84.32the requirements of the county elections chain of custody plan. Any plan adopted under this |
---|
2766 | | - | 84.33paragraph must be adopted and filed with the secretary of state and the county auditor at |
---|
2767 | | - | 84.34least 84 days before the first election in which it will be used. |
---|
2768 | | - | 84Article 3 Sec. 54. |
---|
2769 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 85.1 (e) Each political subdivision clerk who develops a local elections chain of custody plan |
---|
2770 | | - | 85.2pursuant to paragraph (d) and each county auditor must review their respective elections |
---|
2771 | | - | 85.3chain of custody plan prior to each state primary election. Any revisions to the elections |
---|
2772 | | - | 85.4chain of custody plan must be completed and filed with the secretary of state by June 1 prior |
---|
2773 | | - | 85.5to the state primary election. |
---|
2774 | | - | 85.6 EFFECTIVE DATE.This section is effective the day following final enactment and |
---|
2775 | | - | 85.7county auditors must file an elections chain of custody plan with the secretary of state by |
---|
2776 | | - | 85.8June 1, 2026. |
---|
2777 | | - | 85.9 Sec. 55. Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read: |
---|
2778 | | - | 85.10 Subdivision 1.Appointment lists; duties of political parties and secretary of state.(a) |
---|
2779 | | - | 85.11On May March 1 in a year in which there is an election for a partisan political office, each |
---|
2780 | | - | 85.12major political party shall must prepare a list of eligible voters who have indicated within |
---|
2781 | | - | 85.13the last 24 months they are willing to act as election judges in each election precinct. The |
---|
2782 | | - | 85.14list provided by the party must indicate: |
---|
2783 | | - | 85.15 (1) which eligible voters are willing to travel to a precinct outside of their home |
---|
2784 | | - | 85.16jurisdiction to act as an election judge, and the jurisdictions to which each eligible voter is |
---|
2785 | | - | 85.17willing to travel for that purpose; |
---|
2786 | | - | 85.18 (2) which eligible voters are willing to serve on a ballot board; and |
---|
2787 | | - | 85.19 (3) each eligible voter's residential address, telephone number, and email address, along |
---|
2788 | | - | 85.20with the date the eligible voter indicated their willingness to act as an election judge. |
---|
2789 | | - | 85.21 (b) The political parties shall must furnish the lists electronically to the secretary of state, |
---|
2790 | | - | 85.22in a format specified by the secretary of state. The secretary of state must combine the data |
---|
2791 | | - | 85.23received from each political party under this subdivision and must process the data to locate |
---|
2792 | | - | 85.24the precinct in which the address provided for each potential election judge is located. If |
---|
2793 | | - | 85.25the data submitted by a political party is insufficient for the secretary of state to locate the |
---|
2794 | | - | 85.26proper precinct or does not include the eligible voter's telephone number, email address, |
---|
2795 | | - | 85.27and date the eligible voter indicated their willingness to act as an election judge, the |
---|
2796 | | - | 85.28associated name must not appear in any list forwarded to an appointing authority under this |
---|
2797 | | - | 85.29subdivision. The secretary of state shall must notify political parties of any proposed election |
---|
2798 | | - | 85.30judges with addresses that could not be located in a precinct. |
---|
2799 | | - | 85.31 (c) By May March 15, the secretary of state shall must furnish electronically to the |
---|
2800 | | - | 85.32county auditor a list of the appropriate names for each election precinct and ballot board in |
---|
2801 | | - | 85.33the jurisdiction of the appointing authority, and a list of the names of individuals residing |
---|
2802 | | - | 85Article 3 Sec. 55. |
---|
2803 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 86.1outside of the jurisdiction who indicated a willingness to travel to that jurisdiction to act as |
---|
2804 | | - | 86.2an election judge, noting the political party affiliation of each individual on the list. The |
---|
2805 | | - | 86.3county auditor must promptly forward the appropriate names to the appropriate municipal |
---|
2806 | | - | 86.4clerk within seven days of receipt. |
---|
2807 | | - | 86.5 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
2808 | | - | 86.6 Sec. 56. Minnesota Statutes 2024, section 204B.21, subdivision 2, is amended to read: |
---|
2809 | | - | 86.7 Subd. 2.Appointing authority; powers and duties.(a) Election judges for precincts |
---|
2810 | | - | 86.8in a municipality shall and for a municipality's ballot board must be appointed by the |
---|
2811 | | - | 86.9governing body of the municipality. Election judges for a county ballot board, for precincts |
---|
2812 | | - | 86.10in unorganized territory, and for performing other election-related duties assigned by the |
---|
2813 | | - | 86.11county auditor shall must be appointed by the county board. Election judges for a precinct |
---|
2814 | | - | 86.12composed of two or more municipalities must be appointed by the governing body of the |
---|
2815 | | - | 86.13municipality or municipalities responsible for appointing election judges as provided in the |
---|
2816 | | - | 86.14agreement to combine for election purposes. Except as otherwise provided in this section, |
---|
2817 | | - | 86.15appointments shall be made from the list of voters who maintain residence in each precinct, |
---|
2818 | | - | 86.16furnished pursuant to subdivision 1, subject to the eligibility requirements and other |
---|
2819 | | - | 86.17qualifications established or authorized under section 204B.19. At least two election judges |
---|
2820 | | - | 86.18in each precinct must be affiliated with different major political parties. If no lists have been |
---|
2821 | | - | 86.19furnished or if additional election judges are required after all listed names in that |
---|
2822 | | - | 86.20municipality have been exhausted, the appointing authority may appoint other individuals |
---|
2823 | | - | 86.21who meet the qualifications to serve as an election judge, including persons on the list |
---|
2824 | | - | 86.22furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality, |
---|
2825 | | - | 86.23and persons who are not affiliated with a major political party. Election judges must meet |
---|
2826 | | - | 86.24all eligibility requirements and other qualifications established or authorized under section |
---|
2827 | | - | 86.25204B.19. |
---|
2828 | | - | 86.26 (b) At least two election judges in each precinct and serving on the ballot board must |
---|
2829 | | - | 86.27be affiliated with different major political parties. |
---|
2830 | | - | 86.28 (c) Within 30 days of receipt of the list furnished pursuant to this section, the appointing |
---|
2831 | | - | 86.29authority must contact each voter who maintains residence in the jurisdiction about their |
---|
2832 | | - | 86.30interest in serving as an election judge in the next 24 months. The communication must: |
---|
2833 | | - | 86.31 (1) identify the opportunities available for the person to serve as an election judge; |
---|
2834 | | - | 86Article 3 Sec. 56. |
---|
2835 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 87.1 (2) include the qualifications necessary to serve as an election judge, information about |
---|
2836 | | - | 87.2the required training, and the dates and times at which the person must be available to |
---|
2837 | | - | 87.3perform those duties; and |
---|
2838 | | - | 87.4 (3) explain how the person may apply for appointment as an election judge. |
---|
2839 | | - | 87.5Any person on the list furnished pursuant to subdivision 1 who does not respond to the |
---|
2840 | | - | 87.6appointing authority within 14 days or does not apply to become an election judge and |
---|
2841 | | - | 87.7complete election judge training before the next state general election is deemed to have |
---|
2842 | | - | 87.8waived their interest in appointment to any election judge position. |
---|
2843 | | - | 87.9 (d) Prior to each election, when appointing election judges, an appointing authority must |
---|
2844 | | - | 87.10first exhaust the list of individuals who responded to the communication in paragraph (c) |
---|
2845 | | - | 87.11who maintain residence in each precinct or, for appointment to a ballot board, who maintain |
---|
2846 | | - | 87.12residence in a jurisdiction covered by the ballot board. An appointing authority may exhaust |
---|
2847 | | - | 87.13the list furnished pursuant to subdivision 1 by contacting each person once who appears on |
---|
2848 | | - | 87.14the list. This communication must include the specific dates, times, and locations at which |
---|
2849 | | - | 87.15the person must be available to perform the various duties. Any individual from the list who |
---|
2850 | | - | 87.16does not respond within seven days to express an availability to serve is deemed to have |
---|
2851 | | - | 87.17waived interest in serving for that election. For legislative special elections, this period is |
---|
2852 | | - | 87.18shortened to three days. |
---|
2853 | | - | 87.19 (e) If no lists have been furnished, or when lists have been furnished, after the processes |
---|
2854 | | - | 87.20in paragraphs (c) and (d) are complete, an appointing authority may appoint other individuals |
---|
2855 | | - | 87.21who meet the qualifications to serve as an election judge. |
---|
2856 | | - | 87.22 (f) An individual who is appointed from a source other than the list furnished pursuant |
---|
2857 | | - | 87.23to subdivision 1 must provide to the appointing authority the individual's major political |
---|
2858 | | - | 87.24party affiliation or a statement that the individual does not affiliate with any major political |
---|
2859 | | - | 87.25party. An individual who refuses to provide the individual's major political party affiliation |
---|
2860 | | - | 87.26or a statement that the individual does not affiliate with a major political party must not be |
---|
2861 | | - | 87.27appointed as an election judge. |
---|
2862 | | - | 87.28 (g) The appointments shall must be made at least 25 days before the election at which |
---|
2863 | | - | 87.29the election judges will serve, except that the appointing authority may pass a resolution |
---|
2864 | | - | 87.30authorizing the appointment of additional election judges within the 25 days before the |
---|
2865 | | - | 87.31election if the appointing authority determines that additional election judges will be required. |
---|
2866 | | - | 87.32 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
2867 | | - | 87Article 3 Sec. 56. |
---|
2868 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 88.1 Sec. 57. Minnesota Statutes 2024, section 204B.21, is amended by adding a subdivision |
---|
2869 | | - | 88.2to read: |
---|
2870 | | - | 88.3 Subd. 2a.Election judges; party balance.The provisions of sections 204B.19, |
---|
2871 | | - | 88.4subdivision 5; 204B.21, subdivision 2, paragraphs (b) to (f); 204C.15; 204C.19; 206.83; |
---|
2872 | | - | 88.5and 206.86, subdivision 2, relating to party balance in the appointment of judges and to |
---|
2873 | | - | 88.6duties to be performed by judges of different major political parties do not apply to a county |
---|
2874 | | - | 88.7election not held in conjunction with a state or federal election. |
---|
2875 | | - | 88.8 Sec. 58. Minnesota Statutes 2024, section 204B.24, is amended to read: |
---|
2876 | | - | 88.9 204B.24 ELECTION JUDGES; OATH. |
---|
2877 | | - | 88.10 Each election judge shall sign the following oath before assuming the duties of the office: |
---|
2878 | | - | 88.11 "I .......... solemnly swear (or affirm) that: |
---|
2879 | | - | 88.12 (1) I will perform the duties of election judge according to law and the best of my ability |
---|
2880 | | - | 88.13and will diligently endeavor to prevent fraud, deceit and abuse in conducting this election. |
---|
2881 | | - | 88.14 (2) I will perform my duties in a fair and impartial manner and not attempt to create an |
---|
2882 | | - | 88.15advantage for my party or for any candidate. |
---|
2883 | | - | 88.16 (3) In accordance with Minnesota Statutes, section 211B.075, I will not share information |
---|
2884 | | - | 88.17about voting that I know to be materially false and will not intentionally hinder, interfere |
---|
2885 | | - | 88.18with, or prevent a person from voting, registering to vote, or aiding another person in casting |
---|
2886 | | - | 88.19a ballot or registering to vote, except as specifically required by law." |
---|
2887 | | - | 88.20 The oath shall be attached to the summary statement of the election returns of that |
---|
2888 | | - | 88.21precinct. If there is no individual present who is authorized to administer oaths, the election |
---|
2889 | | - | 88.22judges may administer the oath to each other. |
---|
2890 | | - | 88.23 EFFECTIVE DATE.This section is effective June 1, 2025. |
---|
2891 | | - | 88.24Sec. 59. Minnesota Statutes 2024, section 204B.25, subdivision 3, is amended to read: |
---|
2892 | | - | 88.25 Subd. 3.Trained election judges; number required.Each election precinct in which |
---|
2893 | | - | 88.26less than 100 individuals voted at the last state general election shall have at least two |
---|
2894 | | - | 88.27election judges who are members of different major political parties who have received |
---|
2895 | | - | 88.28training as required in this section. In every other election precinct, No individual may serve |
---|
2896 | | - | 88.29as an election judge who has not received training as required by subdivision 1. |
---|
2897 | | - | 88.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2898 | | - | 88Article 3 Sec. 59. |
---|
2899 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 89.1 Sec. 60. [204B.275] ELECTION REPORTING SYSTEM. |
---|
2900 | | - | 89.2 Subdivision 1.Definition."Election reporting system" means the computerized central |
---|
2901 | | - | 89.3statewide database for offices, candidates, ballot questions, and unofficial results developed |
---|
2902 | | - | 89.4and maintained by the secretary of state. The system facilitates the collection, aggregation, |
---|
2903 | | - | 89.5reporting, and secure sharing of unofficial election results to the public. |
---|
2904 | | - | 89.6 Subd. 2.Authority.The secretary of state must maintain an election reporting system |
---|
2905 | | - | 89.7as provided in this section. |
---|
2906 | | - | 89.8 Subd. 3.Entry of names.(a) For federal and state elections, the county auditor must |
---|
2907 | | - | 89.9enter in the election reporting system the names of all candidates who have filed for office |
---|
2908 | | - | 89.10with the county auditor no later than one day after the filing is received. Within one day of |
---|
2909 | | - | 89.11receiving notification and no later than one day after the withdrawal period closes, the |
---|
2910 | | - | 89.12county auditor must enter in the election reporting system the names of candidates for city, |
---|
2911 | | - | 89.13town, school district, or other elective office for which the county auditor has been notified. |
---|
2912 | | - | 89.14For any candidate who files by nominating petition or a petition in place of filing fee, the |
---|
2913 | | - | 89.15county auditor must enter in the election reporting system the name of the candidate within |
---|
2914 | | - | 89.16one day after the petition has been reviewed and determined to meet all legal requirements. |
---|
2915 | | - | 89.17 (b) The secretary of state must enter in the election reporting system the names of all |
---|
2916 | | - | 89.18candidates who have filed for office with the secretary of state no later than one day after |
---|
2917 | | - | 89.19the filing is received. For any candidate who files by nominating petition or a petition in |
---|
2918 | | - | 89.20place of filing fee, the secretary of state must enter in the election reporting system the name |
---|
2919 | | - | 89.21of the candidate within one day after the petition has been reviewed and determined to meet |
---|
2920 | | - | 89.22all legal requirements. |
---|
2921 | | - | 89.23 Subd. 4.Results reporting testing.At least seven days prior to any federal or state |
---|
2922 | | - | 89.24primary, general, or special election, the county auditor must test the results reporting |
---|
2923 | | - | 89.25functions in the election reporting system maintained by the secretary of state. The test must |
---|
2924 | | - | 89.26include the entry of vote totals for all candidates or ballot question responses within each |
---|
2925 | | - | 89.27contest or ballot question, and the county auditor must verify that the predetermined test |
---|
2926 | | - | 89.28results are displayed. The county auditor must report to the secretary of state that the test |
---|
2927 | | - | 89.29has been conducted, and no errors are apparent. If errors occur during the test, the county |
---|
2928 | | - | 89.30auditor must work with the secretary of state to resolve all issues and retest until resolved. |
---|
2929 | | - | 89.31 Subd. 5.Reporting results.For federal and state elections, as soon as practicable after |
---|
2930 | | - | 89.32delivery of the returns, the county auditor must report all unofficial election results in the |
---|
2931 | | - | 89.33elections reporting system. |
---|
2932 | | - | 89Article 3 Sec. 60. |
---|
2933 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 90.1 Subd. 6.Unofficial results.Results reported to the election reporting system are unofficial |
---|
2934 | | - | 90.2results. Election results are not official until after the canvassing board certifies the result |
---|
2935 | | - | 90.3of the election. |
---|
2936 | | - | 90.4 EFFECTIVE DATE.This section is effective on June 1, 2025. |
---|
2937 | | - | 90.5 Sec. 61. Minnesota Statutes 2024, section 204B.28, subdivision 2, is amended to read: |
---|
2938 | | - | 90.6 Subd. 2.Election supplies; duties of county auditors and clerks.(a) Except as |
---|
2939 | | - | 90.7otherwise provided in this section and for absentee ballots in section 204B.35, subdivision |
---|
2940 | | - | 90.84, the county auditor shall complete the preparation of the election materials for which the |
---|
2941 | | - | 90.9auditor is responsible at least four days before every state primary and state general election. |
---|
2942 | | - | 90.10At any time after all election materials are available from the county auditor but not later |
---|
2943 | | - | 90.11than four days the day before the election each municipal clerk shall secure from the county |
---|
2944 | | - | 90.12auditor: |
---|
2945 | | - | 90.13 (1) the forms that are required for the conduct of the election; |
---|
2946 | | - | 90.14 (2) any printed voter instruction materials furnished by the secretary of state; |
---|
2947 | | - | 90.15 (3) any other instructions for election officers; and |
---|
2948 | | - | 90.16 (4) a sufficient quantity of the official ballots, registration files, envelopes for ballot |
---|
2949 | | - | 90.17returns, and other supplies and materials required for each precinct in order to comply with |
---|
2950 | | - | 90.18the provisions of the Minnesota Election Law. The county auditor may furnish the election |
---|
2951 | | - | 90.19supplies to the municipal clerks in the same manner as the supplies are furnished to precincts |
---|
2952 | | - | 90.20in unorganized territory pursuant to section 204B.29, subdivision 1. |
---|
2953 | | - | 90.21 (b) The county auditor must prepare and make available election materials for early |
---|
2954 | | - | 90.22voting to municipal clerks designated to administer early voting under section 203B.05 on |
---|
2955 | | - | 90.23or before the 19th day before the election. |
---|
2956 | | - | 90.24 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
2957 | | - | 90.25Sec. 62. Minnesota Statutes 2024, section 204B.44, is amended to read: |
---|
2958 | | - | 90.26 204B.44 ERRORS AND OMISSIONS; REMEDY. |
---|
2959 | | - | 90.27 (a) Any individual may file a petition in the manner provided in this section for the |
---|
2960 | | - | 90.28correction of any of the following errors, omissions, or wrongful acts which have occurred |
---|
2961 | | - | 90.29or are about to occur: |
---|
2962 | | - | 90Article 3 Sec. 62. |
---|
2963 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 91.1 (1) an error or omission in the placement or printing of the name or description of any |
---|
2964 | | - | 91.2candidate or any question on any official ballot, including the placement of a candidate on |
---|
2965 | | - | 91.3the official ballot who is not eligible to hold the office for which the candidate has filed; |
---|
2966 | | - | 91.4 (2) any other error in preparing or printing any official ballot; |
---|
2967 | | - | 91.5 (3) failure of the chair or secretary of the proper committee of a major political party to |
---|
2968 | | - | 91.6execute or file a certificate of nomination; |
---|
2969 | | - | 91.7 (4) any wrongful act, omission, or error of any election judge, municipal clerk, county |
---|
2970 | | - | 91.8auditor, canvassing board or any of its members, the secretary of state, or any other individual |
---|
2971 | | - | 91.9charged with any duty concerning an election. |
---|
2972 | | - | 91.10 (b) The petition shall describe the error, omission, or wrongful act and the correction |
---|
2973 | | - | 91.11sought by the petitioner. The petition shall be filed with any judge of the supreme court in |
---|
2974 | | - | 91.12the case of an election for state or federal office or any judge of the district court in that |
---|
2975 | | - | 91.13county in the case of an election for county, municipal, or school district office. The petitioner |
---|
2976 | | - | 91.14shall serve a copy of the petition on the officer, board or individual charged with the error, |
---|
2977 | | - | 91.15omission, or wrongful act, on all candidates for the office in the case of an election for state, |
---|
2978 | | - | 91.16federal, county, municipal, or school district office, and on any other party as required by |
---|
2979 | | - | 91.17the court. Upon receipt of the petition the court shall immediately set a time for a hearing |
---|
2980 | | - | 91.18on the matter and order the officer, board or individual charged with the error, omission or |
---|
2981 | | - | 91.19wrongful act to correct the error or wrongful act or perform the duty or show cause for not |
---|
2982 | | - | 91.20doing so. In the case of a review of a candidate's eligibility to hold office, the court may |
---|
2983 | | - | 91.21order the candidate to appear and present sufficient evidence of the candidate's eligibility. |
---|
2984 | | - | 91.22The court shall issue its findings and a final order for appropriate relief as soon as possible |
---|
2985 | | - | 91.23after the hearing. Failure to obey the order is contempt of court. |
---|
2986 | | - | 91.24 (c) Any service required by this section on a candidate may be accomplished by electronic |
---|
2987 | | - | 91.25mail sent to the address the candidate provided on their affidavit of candidacy pursuant to |
---|
2988 | | - | 91.26section 204B.06, subdivision 1b, or by any other means permitted by law. |
---|
2989 | | - | 91.27 (d) If all candidates for an office and the officer, board, or individual charged with the |
---|
2990 | | - | 91.28error, omission, or wrongful act unanimously agree in writing: |
---|
2991 | | - | 91.29 (1) that an error, omission, or wrongful act occurred; and |
---|
2992 | | - | 91.30 (2) on the appropriate correction for the error, omission, or wrongful act, |
---|
2993 | | - | 91.31then the officer, board, or individual charged with the error, omission, or wrongful act must |
---|
2994 | | - | 91.32correct the error in the manner agreed to without an order from the court. Such agreement |
---|
2995 | | - | 91.33must address, at a minimum, how the correction will take place and, if the correction involves |
---|
2996 | | - | 91Article 3 Sec. 62. |
---|
2997 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 92.1a change to a ballot, how voters who have received or returned an incomplete ballot will |
---|
2998 | | - | 92.2be notified of the change and what, if any, steps voters who have returned an incorrect ballot |
---|
2999 | | - | 92.3can take to receive a corrected replacement ballot. |
---|
3000 | | - | 92.4The officer, board, or individual must notify the secretary of state in writing of the error |
---|
3001 | | - | 92.5and proposed correction within one business day of receiving notification of the candidate's |
---|
3002 | | - | 92.6written agreement and must not distribute any ballots reflecting the proposed correction for |
---|
3003 | | - | 92.7two business days unless the secretary of state waives this notice period. Nothing in this |
---|
3004 | | - | 92.8paragraph shall be construed to preclude any person from filing a petition under this section |
---|
3005 | | - | 92.9alleging that the written agreement constitutes an error, omission, or wrongful act that |
---|
3006 | | - | 92.10requires correction by the court. |
---|
3007 | | - | 92.11 (e) Any candidate for an office who does not enter into an agreement under paragraph |
---|
3008 | | - | 92.12(d) and who does not prevail at any subsequent proceeding involving a petition filed under |
---|
3009 | | - | 92.13this section must pay the costs and disbursements of the prevailing party or parties unless |
---|
3010 | | - | 92.14the court determines that the candidate's position was substantially justified or such costs |
---|
3011 | | - | 92.15and disbursements would impose undue hardship or otherwise be inequitable. |
---|
3012 | | - | 92.16 (f) Notwithstanding any other provision of this section, an official may correct any |
---|
3013 | | - | 92.17official ballot without order from the court if the ballot is not in compliance with sections |
---|
3014 | | - | 92.18204B.35 to 204B.37 or any rules promulgated under sections 204B.35 to 204B.37. |
---|
3015 | | - | 92.19 EFFECTIVE DATE.This section is effective June 1, 2025. |
---|
3016 | | - | 92.20Sec. 63. Minnesota Statutes 2024, section 204B.45, subdivision 2, is amended to read: |
---|
3017 | | - | 92.21 Subd. 2.Procedure; voting prior to election day.Notice of the election and the special |
---|
3018 | | - | 92.22mail procedure must be given at least ten weeks prior to the election. Not more than 46 days |
---|
3019 | | - | 92.23nor later than 14 28 days before a regularly scheduled any election and not more than 30 |
---|
3020 | | - | 92.24days nor later than 14 days before any other election, the auditor shall mail ballots by |
---|
3021 | | - | 92.25nonforwardable mail to all voters registered in the city, town, or unorganized territory. No |
---|
3022 | | - | 92.26later than 14 days before the election, the auditor must make a subsequent mailing of ballots |
---|
3023 | | - | 92.27to those voters who register to vote after the initial mailing but before the 20th day before |
---|
3024 | | - | 92.28the election. Eligible voters not registered at the time the ballots are mailed may apply for |
---|
3025 | | - | 92.29ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, |
---|
3026 | | - | 92.30must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or |
---|
3027 | | - | 92.31in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot |
---|
3028 | | - | 92.32board to examine the mail and absentee ballot return envelopes and mark them "accepted" |
---|
3029 | | - | 92.33or "rejected" within three days of receipt if there are 14 or fewer days before election day, |
---|
3030 | | - | 92.34or within five days of receipt if there are more than 14 days before election day. The board |
---|
3031 | | - | 92Article 3 Sec. 63. |
---|
3032 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 93.1may consist of deputy county auditors or deputy municipal clerks who have received training |
---|
3033 | | - | 93.2in the processing and counting of mail ballots, who need not be affiliated with a major |
---|
3034 | | - | 93.3political party. Election judges performing the duties in this section must be of different |
---|
3035 | | - | 93.4major political parties, unless they are exempt from that requirement under section 204B.21, |
---|
3036 | | - | 93.5subdivision 2a; 205.07, subdivision 4; 205.075, subdivision 4,; or section 205A.10. If an |
---|
3037 | | - | 93.6envelope has been rejected at least five days before the election, the ballots in the envelope |
---|
3038 | | - | 93.7must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot |
---|
3039 | | - | 93.8and return envelope in place of the spoiled ballot. If the ballot is rejected within five days |
---|
3040 | | - | 93.9of the election, the envelope must remain sealed and the official in charge of the ballot board |
---|
3041 | | - | 93.10must attempt to contact the voter by telephone or email to notify the voter that the voter's |
---|
3042 | | - | 93.11ballot has been rejected. The official must document the attempts made to contact the voter. |
---|
3043 | | - | 93.12 If the ballot is accepted, the county auditor or municipal clerk must mark the roster to |
---|
3044 | | - | 93.13indicate that the voter has already cast a ballot in that election. After the close of business |
---|
3045 | | - | 93.14on the 19th day before the election, the ballots from return envelopes marked "Accepted" |
---|
3046 | | - | 93.15may be opened, duplicated as needed in the manner provided by section 206.86, subdivision |
---|
3047 | | - | 93.165, initialed by the members of the ballot board, and deposited in the ballot box. |
---|
3048 | | - | 93.17 In all other respects, the provisions of the Minnesota Election Law governing deposit |
---|
3049 | | - | 93.18and counting of ballots apply. |
---|
3050 | | - | 93.19 The mail and absentee ballots for a precinct must be counted together and reported as |
---|
3051 | | - | 93.20one vote total. No vote totals from mail or absentee ballots may be made public before the |
---|
3052 | | - | 93.21close of voting on election day. |
---|
3053 | | - | 93.22 The costs of the mailing shall be paid by the election jurisdiction in which the voter |
---|
3054 | | - | 93.23maintains residence. Any ballot received by 8:00 p.m. on the day of the election must be |
---|
3055 | | - | 93.24counted. |
---|
3056 | | - | 93.25 EFFECTIVE DATE.This section is effective November 15, 2025, for elections held |
---|
3057 | | - | 93.26on or after January 1, 2026. |
---|
3058 | | - | 93.27Sec. 64. Minnesota Statutes 2024, section 204C.05, subdivision 2, is amended to read: |
---|
3059 | | - | 93.28 Subd. 2.Voters in line at closing.(a) At or before the hour when voting is scheduled |
---|
3060 | | - | 93.29to begin, the election judges shall must agree upon the standard of time they will use to |
---|
3061 | | - | 93.30determine when voting will begin and end. Voting shall must not be allowed after the time |
---|
3062 | | - | 93.31when it is scheduled to end, unless individuals are waiting in the polling place or waiting |
---|
3063 | | - | 93.32in line at the door to register, to update the voter's registration, or to vote. The voting shall |
---|
3064 | | - | 93.33must continue until those individuals have been allowed to vote. No An individual who |
---|
3065 | | - | 93Article 3 Sec. 64. |
---|
3066 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 94.1comes to the polling place or to a line outside the polling place after the time when voting |
---|
3067 | | - | 94.2is scheduled to end shall must not be allowed to vote. |
---|
3068 | | - | 94.3 (b) The local election official may extend polling place hours to accommodate voters |
---|
3069 | | - | 94.4that would have been in line at the regular polling place if the polling place had not been |
---|
3070 | | - | 94.5combined or moved on election day pursuant to section 204B.14, subdivision 2, or 204B.175. |
---|
3071 | | - | 94.6Polling place hours may be extended at the new polling place for one hour. The local election |
---|
3072 | | - | 94.7official must immediately provide notice to the county auditor, secretary of state, and election |
---|
3073 | | - | 94.8judges of the extension in polling place hours. The local election official must also request |
---|
3074 | | - | 94.9that the local media outlets publicly announce the extended polling place hours. Voters in |
---|
3075 | | - | 94.10the polling place or waiting in line at the door to register, to update the voter's registration, |
---|
3076 | | - | 94.11or to vote at the end of the extended polling place hours shall must be allowed to vote |
---|
3077 | | - | 94.12pursuant to paragraph (a). |
---|
3078 | | - | 94.13Sec. 65. Minnesota Statutes 2024, section 204C.06, subdivision 1, is amended to read: |
---|
3079 | | - | 94.14 Subdivision 1.Persons allowed near polling place.An individual shall must be allowed |
---|
3080 | | - | 94.15to go to and from the polling place for the purpose of voting without unlawful interference. |
---|
3081 | | - | 94.16No one Except an election official or an individual who is waiting to register, to update the |
---|
3082 | | - | 94.17voter's registration, or to vote or an individual who is conducting exit polling shall, an |
---|
3083 | | - | 94.18individual must not stand within 100 feet of the building in which a polling place is located. |
---|
3084 | | - | 94.19Sec. 66. Minnesota Statutes 2024, section 204C.06, subdivision 2, is amended to read: |
---|
3085 | | - | 94.20 Subd. 2.Individuals allowed in polling place; identification.(a) Representatives of |
---|
3086 | | - | 94.21the secretary of state's office, the county auditor's office, and the municipal or school district |
---|
3087 | | - | 94.22clerk's office may be present at the polling place to observe election procedures. Except for |
---|
3088 | | - | 94.23these representatives, election judges, sergeants-at-arms, and challengers, an individual may |
---|
3089 | | - | 94.24remain inside the polling place during voting hours only while voting or, updating the voter's |
---|
3090 | | - | 94.25registration, registering to vote, providing proof of residence for an individual who is |
---|
3091 | | - | 94.26registering to vote or updating a registration, or assisting a disabled voter with a disability |
---|
3092 | | - | 94.27or a voter who is unable to read English. During voting hours no one except individuals |
---|
3093 | | - | 94.28receiving, marking, or depositing ballots shall approach within six feet of a voting booth, |
---|
3094 | | - | 94.29ballot counter, or electronic voting equipment, unless lawfully authorized to do so by an |
---|
3095 | | - | 94.30election judge or the individual is an election judge monitoring the operation of the ballot |
---|
3096 | | - | 94.31counter or electronic voting equipment. |
---|
3097 | | - | 94Article 3 Sec. 66. |
---|
3098 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 95.1 (b) Teachers and elementary or secondary school students participating in an educational |
---|
3099 | | - | 95.2activity authorized by section 204B.27, subdivision 7, may be present at the polling place |
---|
3100 | | - | 95.3during voting hours. |
---|
3101 | | - | 95.4 (c) Each official on duty in the polling place must wear an identification badge that |
---|
3102 | | - | 95.5shows their role in the election process. The badge must not show their party affiliation. |
---|
3103 | | - | 95.6 Sec. 67. Minnesota Statutes 2024, section 204C.06, subdivision 6, is amended to read: |
---|
3104 | | - | 95.7 Subd. 6.Peace officers.Except when summoned by an election judge to restore the |
---|
3105 | | - | 95.8peace or when voting, updating a registration, or registering to vote, no peace officer shall |
---|
3106 | | - | 95.9enter or remain in a polling place or stand within 50 feet of the entrance of a polling place. |
---|
3107 | | - | 95.10Sec. 68. Minnesota Statutes 2024, section 204C.08, subdivision 1d, is amended to read: |
---|
3108 | | - | 95.11 Subd. 1d.Voter's Bill of Rights.The county auditor shall prepare and provide to each |
---|
3109 | | - | 95.12polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth |
---|
3110 | | - | 95.13in this section. Before the hours of voting are scheduled to begin, the election judges shall |
---|
3111 | | - | 95.14post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights |
---|
3112 | | - | 95.15is as follows: |
---|
3113 | | - | 95.16 "VOTER'S BILL OF RIGHTS |
---|
3114 | | - | 95.17 For all persons residing in this state who meet federal voting eligibility requirements: |
---|
3115 | | - | 95.18 (1) You have the right to be absent from work for the purpose of voting in a state, federal, |
---|
3116 | | - | 95.19or regularly scheduled election without reduction to your pay, personal leave, or vacation |
---|
3117 | | - | 95.20time on election day for the time necessary to appear at your polling place, cast a ballot, |
---|
3118 | | - | 95.21and return to work. |
---|
3119 | | - | 95.22 (2) If you are in line at your polling place any time before 8:00 p.m., you have the right |
---|
3120 | | - | 95.23to vote. |
---|
3121 | | - | 95.24 (3) If you can provide the required proof of residence, you have the right to register to |
---|
3122 | | - | 95.25vote or to update your registration and to vote on election day. |
---|
3123 | | - | 95.26 (4) If you are unable to sign your name, you have the right to orally confirm your identity |
---|
3124 | | - | 95.27with an election judge and to direct another person to sign your name for you. |
---|
3125 | | - | 95.28 (5) You have the right to request special assistance when voting. |
---|
3126 | | - | 95.29 (6) If you need assistance, you may be accompanied into the voting booth by a person |
---|
3127 | | - | 95.30of your choice, except by an agent of your employer or union or a candidate. |
---|
3128 | | - | 95Article 3 Sec. 68. |
---|
3129 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 96.1 (7) You have the right to bring your minor children into the polling place and into the |
---|
3130 | | - | 96.2voting booth with you. |
---|
3131 | | - | 96.3 (8) You have the right to vote if you are not currently incarcerated for conviction of a |
---|
3132 | | - | 96.4felony offense. |
---|
3133 | | - | 96.5 (9) If you are under a guardianship, you have the right to vote, unless the court order |
---|
3134 | | - | 96.6revokes your right to vote. |
---|
3135 | | - | 96.7 (10) You have the right to vote without anyone in the polling place trying to influence |
---|
3136 | | - | 96.8your vote. |
---|
3137 | | - | 96.9 (11) If you make a mistake or spoil your ballot before it is submitted, you have the right |
---|
3138 | | - | 96.10to receive a replacement ballot and vote. |
---|
3139 | | - | 96.11 (12) You have the right to file a written complaint at your polling place if you are |
---|
3140 | | - | 96.12dissatisfied with the way an election is being run. |
---|
3141 | | - | 96.13 (13) You have the right to take a sample ballot into the voting booth with you. |
---|
3142 | | - | 96.14 (14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth |
---|
3143 | | - | 96.15with you." |
---|
3144 | | - | 96.16 EFFECTIVE DATE.This section is effective the day following final enactment, except |
---|
3145 | | - | 96.17that the change in clause (3) is effective January 1, 2026. |
---|
3146 | | - | 96.18Sec. 69. Minnesota Statutes 2024, section 204C.09, subdivision 1, is amended to read: |
---|
3147 | | - | 96.19 Subdivision 1.Counting and initialing.(a) Before the voting begins, at least two election |
---|
3148 | | - | 96.20judges must certify the number of ballots delivered to the precinct. Election judges may |
---|
3149 | | - | 96.21conduct this count, presuming that the total count provided for prepackaged ballots is correct. |
---|
3150 | | - | 96.22As each package is opened, two judges must count the ballots in the package to ensure that |
---|
3151 | | - | 96.23the total count provided for the package is correct. Any discrepancy must be noted on the |
---|
3152 | | - | 96.24incident log. |
---|
3153 | | - | 96.25 (b) Before the voting begins, or as soon as possible after it begins, at least two election |
---|
3154 | | - | 96.26judges shall each initial the backs of all the ballots. The election judges shall not otherwise |
---|
3155 | | - | 96.27mark the ballots. |
---|
3156 | | - | 96.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
3157 | | - | 96Article 3 Sec. 69. |
---|
3158 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 97.1 Sec. 70. Minnesota Statutes 2024, section 204C.10, is amended to read: |
---|
3159 | | - | 97.2 204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; |
---|
3160 | | - | 97.3VOTER RECEIPT. |
---|
3161 | | - | 97.4 (a) An individual seeking to vote shall sign a polling place roster or voter signature |
---|
3162 | | - | 97.5certificate which states that the individual: |
---|
3163 | | - | 97.6 (1) is at least 18 years old; |
---|
3164 | | - | 97.7 (2) is a citizen of the United States; |
---|
3165 | | - | 97.8 (3) has maintained residence in Minnesota for 20 days immediately preceding the election; |
---|
3166 | | - | 97.9 (4) maintains residence at the address or location shown; |
---|
3167 | | - | 97.10 (5) is not under a guardianship in which the court order revokes the individual's right to |
---|
3168 | | - | 97.11vote; |
---|
3169 | | - | 97.12 (6) has not been found by a court of law to be legally incompetent to vote; |
---|
3170 | | - | 97.13 (7) has the right to vote because, if the individual was convicted of a felony, the individual |
---|
3171 | | - | 97.14is not currently incarcerated for that conviction; |
---|
3172 | | - | 97.15 (8) is registered; and |
---|
3173 | | - | 97.16 (9) has not already voted in the election. |
---|
3174 | | - | 97.17 The roster must also state: "I understand that deliberately providing false information |
---|
3175 | | - | 97.18is a felony punishable by not more than five years imprisonment and a fine of not more than |
---|
3176 | | - | 97.19$10,000, or both." |
---|
3177 | | - | 97.20 (b) At the presidential nomination primary, the polling place roster must also state: "I |
---|
3178 | | - | 97.21am in general agreement with the principles of the party for whose candidate I intend to |
---|
3179 | | - | 97.22vote." This statement must appear separately from the statements required in paragraph (a). |
---|
3180 | | - | 97.23The felony penalty provided for in paragraph (a) does not apply to this paragraph. |
---|
3181 | | - | 97.24 (c) A judge may, before the applicant signs the roster or voter signature certificate, |
---|
3182 | | - | 97.25confirm the applicant's name, address, and date of birth. |
---|
3183 | | - | 97.26 (d) After the applicant signs the roster or voter signature certificate, the judge shall give |
---|
3184 | | - | 97.27the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in |
---|
3185 | | - | 97.28charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to |
---|
3186 | | - | 97.29the voter the ballot. The voters' receipts must be maintained during the time for notice of |
---|
3187 | | - | 97.30filing an election contest. |
---|
3188 | | - | 97Article 3 Sec. 70. |
---|
3189 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 98.1 (e) Whenever a challenged status appears on the polling place roster, an election judge |
---|
3190 | | - | 98.2must ensure that the challenge is concealed or hidden from the view of any voter other than |
---|
3191 | | - | 98.3the voter whose status is challenged. |
---|
3192 | | - | 98.4 EFFECTIVE DATE.This section is effective September 1, 2025. |
---|
3193 | | - | 98.5 Sec. 71. Minnesota Statutes 2024, section 204C.15, subdivision 2, is amended to read: |
---|
3194 | | - | 98.6 Subd. 2.Outside the polling place.An individual who is unable to enter a polling place |
---|
3195 | | - | 98.7where paper ballots or an electronic voting system are used may register or update the voter's |
---|
3196 | | - | 98.8registration and vote without leaving a motor vehicle. Upon request of the voter, two election |
---|
3197 | | - | 98.9judges who are members of different major political parties shall must assist the voter to |
---|
3198 | | - | 98.10register or to update a registration, as applicable, and to complete a voter's certificate and |
---|
3199 | | - | 98.11shall must provide the necessary ballots. The voter may request additional assistance in |
---|
3200 | | - | 98.12marking ballots as provided in subdivision 1. |
---|
3201 | | - | 98.13Sec. 72. Minnesota Statutes 2024, section 204C.15, subdivision 3, is amended to read: |
---|
3202 | | - | 98.14 Subd. 3.Voting lines.In all polling places, upon request of the voter, two election judges |
---|
3203 | | - | 98.15shall must assist a disabled voter with a disability to enter the polling place and go through |
---|
3204 | | - | 98.16the registration and voting lines lines to register to vote or update the voter's registration, |
---|
3205 | | - | 98.17as applicable, and to vote. The voter may also request the assistance of election judges or |
---|
3206 | | - | 98.18any other individual in marking ballots, as provided in subdivision 1. |
---|
3207 | | - | 98.19Sec. 73. Minnesota Statutes 2024, section 204C.24, subdivision 1, is amended to read: |
---|
3208 | | - | 98.20 Subdivision 1.Information requirements.Precinct summary statements shall must be |
---|
3209 | | - | 98.21submitted by the election judges in every precinct. For all elections, the election judges |
---|
3210 | | - | 98.22shall must complete three or more copies of the summary statements, and each copy shall |
---|
3211 | | - | 98.23must contain the following information for each kind of ballot: |
---|
3212 | | - | 98.24 (1) the number of ballots delivered to the precinct as adjusted by the actual count made |
---|
3213 | | - | 98.25by the election judges, the number of unofficial ballots made, and the number of absentee |
---|
3214 | | - | 98.26ballots delivered to the precinct; |
---|
3215 | | - | 98.27 (2) the number of votes each candidate received or the number of yes and no votes on |
---|
3216 | | - | 98.28each question, the number of undervotes, the number of overvotes, and the number of |
---|
3217 | | - | 98.29defective ballots with respect to each office or question; |
---|
3218 | | - | 98Article 3 Sec. 73. |
---|
3219 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 99.1 (3) the number of spoiled ballots, the number of duplicate ballots made, the number of |
---|
3220 | | - | 99.2absentee ballots rejected, and the number of unused ballots, presuming that the total count |
---|
3221 | | - | 99.3provided on each package of unopened prepackaged ballots is correct; |
---|
3222 | | - | 99.4 (4) the number of voted ballots indicating only a voter's choices as provided by section |
---|
3223 | | - | 99.5206.80, paragraph (b), clause (2), item (ii), in precincts that use an assistive voting device |
---|
3224 | | - | 99.6that produces this type of ballot; |
---|
3225 | | - | 99.7 (5) the number of individuals who voted at the election in the precinct which must equal |
---|
3226 | | - | 99.8the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86, |
---|
3227 | | - | 99.9subdivision 1; |
---|
3228 | | - | 99.10 (6) the number of voters registering or updating registrations on election day in that |
---|
3229 | | - | 99.11precinct; |
---|
3230 | | - | 99.12 (7) the signatures of the election judges who counted the ballots certifying that all of the |
---|
3231 | | - | 99.13ballots cast were properly piled, checked, and counted; and that the numbers entered by the |
---|
3232 | | - | 99.14election judges on the summary statements correctly show the number of votes cast for each |
---|
3233 | | - | 99.15candidate and for and against each question; |
---|
3234 | | - | 99.16 (8) the number of election judges that worked in that precinct on election day; and |
---|
3235 | | - | 99.17 (9) the number of voting booths used in that precinct on election day. |
---|
3236 | | - | 99.18 At least two copies of the summary statement must be prepared for elections not held |
---|
3237 | | - | 99.19on the same day as the state elections. |
---|
3238 | | - | 99.20Sec. 74. Minnesota Statutes 2024, section 204C.32, subdivision 1, is amended to read: |
---|
3239 | | - | 99.21 Subdivision 1.County canvass.The county canvassing board shall must meet at the |
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3240 | | - | 99.22county auditor's office on either the second or third day following the state primary. After |
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3241 | | - | 99.23taking the oath of office, the canvassing board shall must publicly canvass the election |
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3242 | | - | 99.24returns delivered to the county auditor. The board shall must complete the canvass by the |
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3243 | | - | 99.25third day following the state primary and shall must promptly prepare and file with the |
---|
3244 | | - | 99.26county auditor a report that states: |
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3245 | | - | 99.27 (a) the number of individuals voting at the election in the county, and in each precinct; |
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3246 | | - | 99.28 (b) for each precinct, the number of individuals registering to vote or updating |
---|
3247 | | - | 99.29registrations on election day and the number of individuals who were registered before |
---|
3248 | | - | 99.30election day in each precinct and did not need to update the voter's registration; |
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3249 | | - | 99.31 (c) for each major political party, the names of the candidates running for each partisan |
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3250 | | - | 99.32office and the number of votes received by each candidate in the county and in each precinct; |
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3251 | | - | 99Article 3 Sec. 74. |
---|
3252 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 100.1 (d) the names of the candidates of each major political party who are nominated; and |
---|
3253 | | - | 100.2 (e) the number of votes received by each of the candidates for nonpartisan office in each |
---|
3254 | | - | 100.3precinct in the county and the names of the candidates nominated for nonpartisan office. |
---|
3255 | | - | 100.4 Upon completion of the canvass, the county auditor shall must mail or deliver a notice |
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3256 | | - | 100.5of nomination to each nominee for county office voted for only in that county. The county |
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3257 | | - | 100.6auditor shall must transmit one of the certified copies of the county canvassing board report |
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3258 | | - | 100.7for state and federal offices to the secretary of state by express mail or similar service |
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3259 | | - | 100.8immediately upon conclusion of the county canvass. The secretary of state shall must mail |
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3260 | | - | 100.9a notice of nomination to each nominee for state or federal office. |
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3261 | | - | 100.10Sec. 75. Minnesota Statutes 2024, section 204C.33, subdivision 1, is amended to read: |
---|
3262 | | - | 100.11 Subdivision 1.County canvass.The county canvassing board shall must meet at the |
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3263 | | - | 100.12county auditor's office between the third and eighth days following the state general election. |
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3264 | | - | 100.13After taking the oath of office, the board shall must promptly and publicly canvass the |
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3265 | | - | 100.14general election returns delivered to the county auditor. Upon completion of the canvass, |
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3266 | | - | 100.15the board shall must promptly prepare and file with the county auditor a report which states: |
---|
3267 | | - | 100.16 (a) the number of individuals voting at the election in the county and in each precinct; |
---|
3268 | | - | 100.17 (b) for each precinct, the number of individuals registering to vote or updating |
---|
3269 | | - | 100.18registrations on election day and the number of individuals who were registered before |
---|
3270 | | - | 100.19election day in each precinct and did not need to update the voter's registration; |
---|
3271 | | - | 100.20 (c) the names of the candidates for each office and the number of votes received by each |
---|
3272 | | - | 100.21candidate in the county and in each precinct; |
---|
3273 | | - | 100.22 (d) the number of votes counted for and against a proposed change of county lines or |
---|
3274 | | - | 100.23county seat; and |
---|
3275 | | - | 100.24 (e) the number of votes counted for and against a constitutional amendment or other |
---|
3276 | | - | 100.25question in the county and in each precinct. |
---|
3277 | | - | 100.26 The result of write-in votes cast on the general election ballots must be compiled by the |
---|
3278 | | - | 100.27county auditor before the county canvass, except that write-in votes for a candidate for |
---|
3279 | | - | 100.28federal, state, or county office must not be counted unless the candidate has timely filed a |
---|
3280 | | - | 100.29request under section 204B.09, subdivision 3. The county auditor shall must arrange for |
---|
3281 | | - | 100.30each municipality to provide an adequate number of election judges to perform this duty or |
---|
3282 | | - | 100.31the county auditor may appoint additional election judges for this purpose. The county |
---|
3283 | | - | 100.32auditor may open the envelopes or containers in which the voted ballots have been sealed |
---|
3284 | | - | 100Article 3 Sec. 75. |
---|
3285 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 101.1in order to count and record the write-in votes and must reseal the voted ballots at the |
---|
3286 | | - | 101.2conclusion of this process. The county auditor must prepare a separate report of votes |
---|
3287 | | - | 101.3received by precinct for write-in candidates for federal, state, and county offices who have |
---|
3288 | | - | 101.4requested under section 204B.09 that votes for those candidates be tallied. |
---|
3289 | | - | 101.5 Upon completion of the canvass, the county canvassing board shall must declare the |
---|
3290 | | - | 101.6candidate duly elected who received the highest number of votes for each county and state |
---|
3291 | | - | 101.7office voted for only within the county. The county auditor shall must transmit a certified |
---|
3292 | | - | 101.8copy of the county canvassing board report for state and federal offices to the secretary of |
---|
3293 | | - | 101.9state by messenger, express mail, or similar service immediately upon conclusion of the |
---|
3294 | | - | 101.10county canvass. |
---|
3295 | | - | 101.11Sec. 76. Minnesota Statutes 2024, section 205.07, is amended by adding a subdivision to |
---|
3296 | | - | 101.12read: |
---|
3297 | | - | 101.13 Subd. 4.Election judges; party balance.The provisions of sections 204B.19, subdivision |
---|
3298 | | - | 101.145; 204B.21, subdivision 2, paragraphs (b) to (f); 204C.15; 204C.19; 206.83; and 206.86, |
---|
3299 | | - | 101.15subdivision 2, relating to party balance in the appointment of judges and to duties to be |
---|
3300 | | - | 101.16performed by judges of different major political parties do not apply to a city election not |
---|
3301 | | - | 101.17held in conjunction with a state or federal election. |
---|
3302 | | - | 101.18Sec. 77. Minnesota Statutes 2024, section 205.075, subdivision 4, is amended to read: |
---|
3303 | | - | 101.19 Subd. 4.Election judges; party balance.The provisions of sections 204B.19, subdivision |
---|
3304 | | - | 101.205; 204B.21, subdivision 2, paragraphs (b) to (f); 204C.15; 204C.19; 206.83; and 206.86, |
---|
3305 | | - | 101.21subdivision 2, relating to party balance in the appointment of judges and to duties to be |
---|
3306 | | - | 101.22performed by judges of different major political parties do not apply to a town election not |
---|
3307 | | - | 101.23held in conjunction with a statewide state or federal election. |
---|
3308 | | - | 101.24Sec. 78. Minnesota Statutes 2024, section 205.13, subdivision 1, is amended to read: |
---|
3309 | | - | 101.25 Subdivision 1.Affidavit of candidacy.(a) An individual who is eligible and desires to |
---|
3310 | | - | 101.26become a candidate for an office to be voted for at the municipal general election shall file |
---|
3311 | | - | 101.27an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill |
---|
3312 | | - | 101.28a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of |
---|
3313 | | - | 101.29candidacy for the specific office to fill the unexpired portion of the term. Subject to the |
---|
3314 | | - | 101.30approval of the county auditor, the town clerk may authorize candidates for township offices |
---|
3315 | | - | 101.31to file affidavits of candidacy with the county auditor. The affidavit shall be in the same |
---|
3316 | | - | 101.32form as that in section 204B.06. The municipal clerk shall also accept an application signed |
---|
3317 | | - | 101Article 3 Sec. 78. |
---|
3318 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 102.1by not less than five voters and filed on behalf of an eligible voter in the municipality whom |
---|
3319 | | - | 102.2they desire to be a candidate, if service of a copy of the application has been made on the |
---|
3320 | | - | 102.3candidate and proof of service is endorsed on the application being filed. Upon receipt of |
---|
3321 | | - | 102.4the proper filing fee, the clerk shall place the name of the candidate on the official ballot |
---|
3322 | | - | 102.5without partisan designation. |
---|
3323 | | - | 102.6 (b) The municipal clerk shall notify the official responsible for preparing the ballot of |
---|
3324 | | - | 102.7the names of the candidates placed on the ballot, any changes to candidates, and other |
---|
3325 | | - | 102.8information necessary to prepare the ballot. The notification must be made within one |
---|
3326 | | - | 102.9business day of receiving the filing or change or immediately following the close of the |
---|
3327 | | - | 102.10filing period, whichever is sooner, unless the clerk and official agree to an alternative |
---|
3328 | | - | 102.11notification timeline. |
---|
3329 | | - | 102.12 EFFECTIVE DATE.This section is effective the day following final enactment. |
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3330 | | - | 102.13Sec. 79. Minnesota Statutes 2024, section 205.13, subdivision 1a, is amended to read: |
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3331 | | - | 102.14 Subd. 1a.Filing period.In a city nominating candidates at a primary, an affidavit of |
---|
3332 | | - | 102.15candidacy for a city office voted on in November must be filed no more than 84 days nor |
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3333 | | - | 102.16less than 70 days before the city primary. In municipalities that do not hold a primary, an |
---|
3334 | | - | 102.17affidavit of candidacy must be filed no more than 70 days and not less than 56 days before |
---|
3335 | | - | 102.18the municipal general election held in March in any year, or a special election not held in |
---|
3336 | | - | 102.19conjunction with another election, and no more than 98 112 days nor less than 84 98 days |
---|
3337 | | - | 102.20before the municipal general election held in November of any year. The municipal clerk's |
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3338 | | - | 102.21office must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period. |
---|
3339 | | - | 102.22 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
3340 | | - | 102.23Sec. 80. Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read: |
---|
3341 | | - | 102.24 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.(a) Between |
---|
3342 | | - | 102.25the third and tenth 14th days after an election, the governing body of a city conducting any |
---|
3343 | | - | 102.26election including a special municipal election, or the governing body of a town conducting |
---|
3344 | | - | 102.27the general election in November shall act as the canvassing board, canvass the returns, and |
---|
3345 | | - | 102.28declare the candidate duly elected who received the highest number of votes for each |
---|
3346 | | - | 102.29municipal office and the results of the election any ballot questions. The governing body |
---|
3347 | | - | 102.30of a town conducting the general election in March shall act as the canvassing board, canvass |
---|
3348 | | - | 102.31the returns, and shall declare the candidate duly elected who received the highest number |
---|
3349 | | - | 102.32of votes for each town office and the results of the election any ballot question within two |
---|
3350 | | - | 102.33days after an election. |
---|
3351 | | - | 102Article 3 Sec. 80. |
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3352 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 103.1 (b) After the time for contesting elections has passed, the municipal clerk shall issue a |
---|
3353 | | - | 103.2certificate of election to each successful candidate. In case of a contest, the certificate shall |
---|
3354 | | - | 103.3not be issued until the outcome of the contest has been determined by the proper court. |
---|
3355 | | - | 103.4 (c) In case of a tie vote, the canvassing board having jurisdiction over the municipality |
---|
3356 | | - | 103.5shall determine the result by lot. The clerk of the canvassing board shall certify the results |
---|
3357 | | - | 103.6of the election to the county auditor, and the clerk shall be the final custodian of the ballots |
---|
3358 | | - | 103.7and the returns of the election. |
---|
3359 | | - | 103.8Sec. 81. Minnesota Statutes 2024, section 205A.06, subdivision 1, is amended to read: |
---|
3360 | | - | 103.9 Subdivision 1.Affidavit of candidacy.(a) An individual who is eligible and desires to |
---|
3361 | | - | 103.10become a candidate for an office to be voted on at the election must file an affidavit of |
---|
3362 | | - | 103.11candidacy with the school district clerk. The affidavit must be in the form prescribed by |
---|
3363 | | - | 103.12section 204B.06. The school district clerk shall also accept an application signed by at least |
---|
3364 | | - | 103.13five voters and filed on behalf of an eligible voter in the school district whom they desire |
---|
3365 | | - | 103.14to be a candidate, if service of a copy of the application has been made on the candidate |
---|
3366 | | - | 103.15and proof of service is endorsed on the application being filed. No individual shall be |
---|
3367 | | - | 103.16nominated by nominating petition for a school district elective office. Upon receipt of the |
---|
3368 | | - | 103.17proper filing fee, the clerk shall place the name of the candidate on the official ballot without |
---|
3369 | | - | 103.18partisan designation. |
---|
3370 | | - | 103.19 (b) The school district clerk shall notify the official responsible for preparing the ballot |
---|
3371 | | - | 103.20of the names of the candidates placed on the ballot, any changes to candidates, and other |
---|
3372 | | - | 103.21information necessary to prepare the ballot. The notification must be made within one |
---|
3373 | | - | 103.22business day of receiving the filing or change or immediately following the close of the |
---|
3374 | | - | 103.23filing period, whichever is sooner, unless the clerk and official agree to an alternative |
---|
3375 | | - | 103.24notification timeline. |
---|
3376 | | - | 103.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
3377 | | - | 103.26Sec. 82. Minnesota Statutes 2024, section 205A.06, subdivision 1a, is amended to read: |
---|
3378 | | - | 103.27 Subd. 1a.Filing period.In school districts that have adopted a resolution to choose |
---|
3379 | | - | 103.28nominees for school board by a primary election, affidavits of candidacy must be filed with |
---|
3380 | | - | 103.29the school district clerk no earlier than the 84th day and no later than the 70th day before |
---|
3381 | | - | 103.30the second Tuesday in August in the year when the school district general election is held. |
---|
3382 | | - | 103.31In all other school districts, affidavits of candidacy must be filed no earlier than the 98th |
---|
3383 | | - | 103.32112th day and no later than the 84th 98th day before the school district general election. |
---|
3384 | | - | 103Article 3 Sec. 82. |
---|
3385 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 104.1 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
3386 | | - | 104.2Sec. 83. Minnesota Statutes 2024, section 205A.10, subdivision 2, is amended to read: |
---|
3387 | | - | 104.3 Subd. 2.Election, conduct.A school district election must be by secret ballot and must |
---|
3388 | | - | 104.4be held and the returns made in the manner provided for the state general election, as far as |
---|
3389 | | - | 104.5practicable. The vote totals from a ballot board established pursuant to section 203B.121 |
---|
3390 | | - | 104.6may be tabulated and reported by the school district as a whole rather than by precinct. For |
---|
3391 | | - | 104.7school district elections not held in conjunction with a statewide election, the school board |
---|
3392 | | - | 104.8shall appoint election judges as provided in section 204B.21, subdivision 2. The provisions |
---|
3393 | | - | 104.9of sections 204B.19, subdivision 5; 204B.21, subdivision 2, paragraphs (b) to (f); 204C.15; |
---|
3394 | | - | 104.10204C.19; 206.83; and 206.86, subdivision 2, relating to party balance in appointment of |
---|
3395 | | - | 104.11judges and to duties to be performed by judges of different major political parties do not |
---|
3396 | | - | 104.12apply to school district elections not held in conjunction with a statewide state or federal |
---|
3397 | | - | 104.13election. |
---|
3398 | | - | 104.14Sec. 84. Minnesota Statutes 2024, section 205A.10, subdivision 3, is amended to read: |
---|
3399 | | - | 104.15 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.Between the |
---|
3400 | | - | 104.16third and tenth 14th days after a school district election other than a recount of a special |
---|
3401 | | - | 104.17election conducted under section 126C.17, subdivision 9, or 475.59, the school board shall |
---|
3402 | | - | 104.18canvass the returns and declare the candidate duly elected who received the highest number |
---|
3403 | | - | 104.19of votes for each school district office and the results of the election any ballot question. |
---|
3404 | | - | 104.20The recounted results of a referendum conducted under section 126C.17, subdivision 9, or |
---|
3405 | | - | 104.21475.59, must be certified by the canvassing board. After the time for contesting elections |
---|
3406 | | - | 104.22has passed, the school district clerk shall issue a certificate of election to each successful |
---|
3407 | | - | 104.23candidate. If there is a contest, the certificate of election to that office must not be issued |
---|
3408 | | - | 104.24until the outcome of the contest has been determined by the proper court. If there is a tie |
---|
3409 | | - | 104.25vote, the school board shall determine the result by lot. The clerk shall deliver the certificate |
---|
3410 | | - | 104.26of election to the successful candidate by personal service or certified mail. The successful |
---|
3411 | | - | 104.27candidate shall file an acceptance and oath of office in writing with the clerk within 30 days |
---|
3412 | | - | 104.28of the date of mailing or personal service. A person who fails to qualify prior to the time |
---|
3413 | | - | 104.29specified shall be deemed to have refused to serve, but that filing may be made at any time |
---|
3414 | | - | 104.30before action to fill the vacancy has been taken. The school district clerk shall certify the |
---|
3415 | | - | 104.31results of the election to the county auditor, and the clerk shall be the final custodian of the |
---|
3416 | | - | 104.32ballots and the returns of the election. |
---|
3417 | | - | 104Article 3 Sec. 84. |
---|
3418 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 105.1 A school district canvassing board shall perform the duties of the school board according |
---|
3419 | | - | 105.2to the requirements of this subdivision for a recount of a special election conducted under |
---|
3420 | | - | 105.3section 126C.17, subdivision 9, or 475.59. |
---|
3421 | | - | 105.4Sec. 85. Minnesota Statutes 2024, section 205A.11, subdivision 2, is amended to read: |
---|
3422 | | - | 105.5 Subd. 2.Combined polling place.(a) When no other election is being held in a school |
---|
3423 | | - | 105.6district, the school board may designate combined polling places at which the voters in |
---|
3424 | | - | 105.7those precincts may vote in the school district election. |
---|
3425 | | - | 105.8 (b) By December 31 of each year, the school board must designate, by resolution, any |
---|
3426 | | - | 105.9changes to combined polling places. The combined polling places designated in the resolution |
---|
3427 | | - | 105.10are the polling places, unless a change is made in accordance with this paragraph or: |
---|
3428 | | - | 105.11 (1) pursuant to section 204B.175; or |
---|
3429 | | - | 105.12 (2) because a polling place has become unavailable. |
---|
3430 | | - | 105.13 (c) If the school board designates combined polling places pursuant to this subdivision, |
---|
3431 | | - | 105.14polling places must be designated throughout the district, taking into account both |
---|
3432 | | - | 105.15geographical distribution and population distribution. A combined polling place must be at |
---|
3433 | | - | 105.16a location designated for use as a polling place by a county or municipality, except as |
---|
3434 | | - | 105.17provided in this paragraph. If the municipality conducts elections by mail balloting pursuant |
---|
3435 | | - | 105.18to section 204B.45, the school board may designate a polling place not used by the |
---|
3436 | | - | 105.19municipality if the polling place satisfies the requirements in section 204B.16, subdivisions |
---|
3437 | | - | 105.204 to 7. |
---|
3438 | | - | 105.21 (d) In school districts that have organized into separate board member election districts |
---|
3439 | | - | 105.22under section 205A.12, a combined polling place for a school general election must be |
---|
3440 | | - | 105.23arranged so that it does not include more than one board member election district. |
---|
3441 | | - | 105.24Sec. 86. Minnesota Statutes 2024, section 206.83, is amended to read: |
---|
3442 | | - | 105.25 206.83 TESTING OF VOTING SYSTEMS. |
---|
3443 | | - | 105.26 At least three days before voting equipment is used, the official in charge of elections |
---|
3444 | | - | 105.27shall have the voting system tested to ascertain that the system will correctly mark ballots |
---|
3445 | | - | 105.28using all methods supported by the system, including through assistive technology, and |
---|
3446 | | - | 105.29count the votes cast for all candidates and on all questions. Public notice of the time and |
---|
3447 | | - | 105.30place of the test must be given at least two five days in advance by publication once in |
---|
3448 | | - | 105.31official newspapers. The test must be observed by at least two election judges, who are not |
---|
3449 | | - | 105.32of the same major political party, and must be open to representatives of the political parties, |
---|
3450 | | - | 105Article 3 Sec. 86. |
---|
3451 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 106.1candidates, the press, and the public. The test must be conducted by (1) processing a |
---|
3452 | | - | 106.2preaudited group of ballots punched or marked to record a predetermined number of valid |
---|
3453 | | - | 106.3votes for each candidate and on each question in the contest, and must include for each |
---|
3454 | | - | 106.4office one or more ballot cards which have votes in excess of the number allowed by law |
---|
3455 | | - | 106.5in order to test the ability of the voting system tabulator and electronic ballot marker to |
---|
3456 | | - | 106.6reject those votes; and (2) processing an additional test deck of ballots marked using the |
---|
3457 | | - | 106.7electronic ballot marker for the precinct, including ballots marked using the electronic ballot |
---|
3458 | | - | 106.8display, audio ballot reader, and any assistive voting technology used with the electronic |
---|
3459 | | - | 106.9ballot marker. If any error is detected, the cause must be ascertained and corrected and an |
---|
3460 | | - | 106.10errorless count must be made before the voting system may be used in the election. After |
---|
3461 | | - | 106.11the completion of the test, the programs used and ballot cards must be sealed, retained, and |
---|
3462 | | - | 106.12disposed of as provided for paper ballots. |
---|
3463 | | - | 106.13 EFFECTIVE DATE.This section is effective September 1, 2025. |
---|
3464 | | - | 106.14Sec. 87. Minnesota Statutes 2024, section 368.47, is amended to read: |
---|
3465 | | - | 106.15 368.47 TOWNS MAY BE DISSOLVED. |
---|
3466 | | - | 106.16 (1) When the voters residing within a town have failed to elect any town officials for |
---|
3467 | | - | 106.17more than ten years continuously; |
---|
3468 | | - | 106.18 (2) when a town has failed for a period of ten years to exercise any of the powers and |
---|
3469 | | - | 106.19functions of a town; |
---|
3470 | | - | 106.20 (3) when the estimated market value of a town drops to less than $165,000; |
---|
3471 | | - | 106.21 (4) when the tax delinquency of a town, exclusive of taxes that are delinquent or unpaid |
---|
3472 | | - | 106.22because they are contested in proceedings for the enforcement of taxes, amounts to 12 |
---|
3473 | | - | 106.23percent of its market value; or |
---|
3474 | | - | 106.24 (5) when the state or federal government has acquired title to 50 percent of the real estate |
---|
3475 | | - | 106.25of a town, |
---|
3476 | | - | 106.26which facts, or any of them, may be found and determined by the resolution of the county |
---|
3477 | | - | 106.27board of the county in which the town is located, according to the official records in the |
---|
3478 | | - | 106.28office of the county auditor, the county board by resolution may declare the town, naming |
---|
3479 | | - | 106.29it, dissolved and no longer entitled to exercise any of the powers or functions of a town. |
---|
3480 | | - | 106.30 In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters of |
---|
3481 | | - | 106.31the town shall express their approval or disapproval. The town clerk shall, upon a petition |
---|
3482 | | - | 106.32signed by a majority of the registered voters of the town, filed with the clerk at least 60 84 |
---|
3483 | | - | 106Article 3 Sec. 87. |
---|
3484 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 107.1days before a regular or special town election, give notice at the same time and in the same |
---|
3485 | | - | 107.2manner of the election that the question of dissolution of the town will be submitted for |
---|
3486 | | - | 107.3determination at the election. At the election the question shall be voted upon by a separate |
---|
3487 | | - | 107.4ballot. The form of the question under this chapter shall be substantially in the following |
---|
3488 | | - | 107.5form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a separate ballot |
---|
3489 | | - | 107.6box and The result of the voting canvassed, certified, and returned in the same manner and |
---|
3490 | | - | 107.7at the same time as other facts and returns of the election. If a majority of the votes cast at |
---|
3491 | | - | 107.8the election are for dissolution, the town shall be dissolved. If a majority of the votes cast |
---|
3492 | | - | 107.9at the election are against dissolution, the town shall not be dissolved. |
---|
3493 | | - | 107.10 When a town is dissolved under sections 368.47 to 368.49 the county shall acquire title |
---|
3494 | | - | 107.11to any telephone company or other business conducted by the town. The business shall be |
---|
3495 | | - | 107.12operated by the board of county commissioners until it can be sold. The subscribers or |
---|
3496 | | - | 107.13patrons of the business shall have the first opportunity of purchase. If the town has any |
---|
3497 | | - | 107.14outstanding indebtedness chargeable to the business, the county auditor shall levy a tax |
---|
3498 | | - | 107.15against the property situated in the dissolved town to pay the indebtedness as it becomes |
---|
3499 | | - | 107.16due. |
---|
3500 | | - | 107.17Sec. 88. Minnesota Statutes 2024, section 375.20, is amended to read: |
---|
3501 | | - | 107.18 375.20 BALLOT QUESTIONS. |
---|
3502 | | - | 107.19 If the county board may do an act, incur a debt, appropriate money for a purpose, or |
---|
3503 | | - | 107.20exercise any other power or authority, only if authorized by a vote of the people, the question |
---|
3504 | | - | 107.21may be submitted at a special or general election, by a resolution specifying the matter or |
---|
3505 | | - | 107.22question to be voted upon. If the question is to authorize the appropriation of money, creation |
---|
3506 | | - | 107.23of a debt, or levy of a tax, it shall state the amount. Notice of the election shall be given as |
---|
3507 | | - | 107.24in the case of special elections. If the question submitted is adopted, the board shall pass an |
---|
3508 | | - | 107.25appropriate resolution to carry it into effect. In the election the form of the ballot shall be: |
---|
3509 | | - | 107.26"Shall (here state the substance of the resolution to be submitted)?, Yes ...... No......,". The |
---|
3510 | | - | 107.27county board may call a special county election upon a question to be held within 74 84 |
---|
3511 | | - | 107.28days after a resolution to that effect is adopted by the county board. Upon the adoption of |
---|
3512 | | - | 107.29the resolution the county auditor shall post and publish notices of the election, as required |
---|
3513 | | - | 107.30by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the returns |
---|
3514 | | - | 107.31canvassed in the manner prescribed by sections 204D.20 to 204D.27, so far as practicable. |
---|
3515 | | - | 107Article 3 Sec. 88. |
---|
3516 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 108.1Sec. 89. Minnesota Statutes 2024, section 414.09, subdivision 3, is amended to read: |
---|
3517 | | - | 108.2 Subd. 3.Elections of municipal officers.(a) An order approving an incorporation or |
---|
3518 | | - | 108.3consolidation pursuant to this chapter, or an order requiring an election under section 414.031, |
---|
3519 | | - | 108.4subdivision 4a, shall set a date for an election of new municipal officers not less than 45 |
---|
3520 | | - | 108.5days nor more than 60 days after the issuance of such order in accordance with the uniform |
---|
3521 | | - | 108.6election dates defined in section 205.10, subdivision 3a. |
---|
3522 | | - | 108.7 (b) The chief administrative law judge shall appoint an acting clerk for election purposes, |
---|
3523 | | - | 108.8at least three election judges who shall be residents of the new municipality, and shall |
---|
3524 | | - | 108.9designate polling places within the new municipality. |
---|
3525 | | - | 108.10 (c) The acting clerk shall prepare the official election ballot pursuant to section 205.17. |
---|
3526 | | - | 108.11 (d) Any person eligible to hold municipal office may file an affidavit of candidacy not |
---|
3527 | | - | 108.12more than four weeks nor less than two weeks before the date designated in the order for |
---|
3528 | | - | 108.13the election pursuant to section 205.13. |
---|
3529 | | - | 108.14 (e) The election shall be conducted in conformity with the charter and the laws for |
---|
3530 | | - | 108.15conducting municipal elections insofar as applicable. |
---|
3531 | | - | 108.16 (f) Any person eligible to vote at a township or municipal election within the area of the |
---|
3532 | | - | 108.17new municipality, is eligible to vote at such election. |
---|
3533 | | - | 108.18 (g) Any excess in the expense of conducting the election over receipts from filing fees |
---|
3534 | | - | 108.19shall be a charge against the new municipality; any excess of receipts shall be deposited in |
---|
3535 | | - | 108.20the treasury of the new municipality. |
---|
3536 | | - | 108.21 EFFECTIVE DATE.This section is effective June 1, 2025. |
---|
3537 | | - | 108.22Sec. 90. Minnesota Statutes 2024, section 447.32, subdivision 4, is amended to read: |
---|
3538 | | - | 108.23 Subd. 4.Candidates; ballots; certifying election.(a) A person who wants to be a |
---|
3539 | | - | 108.24candidate for the hospital board shall file an affidavit of candidacy for the election either |
---|
3540 | | - | 108.25as member at large or as a member representing the city or town where the candidate |
---|
3541 | | - | 108.26maintains residence. The affidavit of candidacy must be filed with the city or town clerk |
---|
3542 | | - | 108.27not more than 98 112 days nor less than 84 98 days before the first Tuesday after the first |
---|
3543 | | - | 108.28Monday in November of the year in which the general election is held. The city or town |
---|
3544 | | - | 108.29clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the |
---|
3545 | | - | 108.30first election, the clerk of the most populous city or town immediately after the last day of |
---|
3546 | | - | 108.31the filing period. A candidate may withdraw from the election by filing an affidavit of |
---|
3547 | | - | 108Article 3 Sec. 90. |
---|
3548 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 109.1withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day |
---|
3549 | | - | 109.2to file affidavits of candidacy. |
---|
3550 | | - | 109.3 (b) Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, |
---|
3551 | | - | 109.4necessary ballots for the election of officers. Ballots must be prepared as provided in the |
---|
3552 | | - | 109.5rules of the secretary of state. The ballots must be marked and initialed by at least two judges |
---|
3553 | | - | 109.6as official ballots and used exclusively at the election. Any proposition to be voted on may |
---|
3554 | | - | 109.7be printed on the ballot provided for the election of officers. The hospital board may also |
---|
3555 | | - | 109.8authorize the use of voting systems subject to chapter 206. Enough election judges may be |
---|
3556 | | - | 109.9appointed to receive the votes at each polling place. The election judges shall act as clerks |
---|
3557 | | - | 109.10of election, count the ballots cast, and submit them to the board for canvass. |
---|
3558 | | - | 109.11 (c) Between the third and 14th days after an election, the board must act as the canvassing |
---|
3559 | | - | 109.12board, canvass the returns, and declare the candidate duly elected who received the highest |
---|
3560 | | - | 109.13number of votes for each hospital district office and the results of any ballot questions. |
---|
3561 | | - | 109.14 (d) After canvassing the election, the board shall issue a certificate of election to the |
---|
3562 | | - | 109.15candidate who received the largest number of votes cast for each office. The clerk shall |
---|
3563 | | - | 109.16deliver the certificate to the person entitled to it in person or by certified mail. Each person |
---|
3564 | | - | 109.17certified shall file an acceptance and oath of office in writing with the clerk within 30 days |
---|
3565 | | - | 109.18after the date of delivery or mailing of the certificate. The board may fill any office as |
---|
3566 | | - | 109.19provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification |
---|
3567 | | - | 109.20is effective if made before the board acts to fill the vacancy. |
---|
3568 | | - | 109.21 EFFECTIVE DATE.Paragraph (a) is effective January 1, 2026. |
---|
3569 | | - | 109.22Sec. 91. TRANSITION TO NEW VOTER REGISTRATION APPLICATIONS; |
---|
3570 | | - | 109.23ABSENTEE BALLOT APPLICATIONS. |
---|
3571 | | - | 109.24 (a) Notwithstanding the requirements of section 10, a completed voter registration |
---|
3572 | | - | 109.25application submitted by a voter is not deficient for purposes of registering that voter if the |
---|
3573 | | - | 109.26application form was printed or provided to the voter prior to July 1, 2025. On or after July |
---|
3574 | | - | 109.271, 2025, an election official must not print or copy a blank voter registration application |
---|
3575 | | - | 109.28that does not include the modifications required by section 10. An election official may |
---|
3576 | | - | 109.29distribute copies of registration applications that were printed prior to the effective date. |
---|
3577 | | - | 109.30 (b) Notwithstanding the requirements of section 25, a completed absentee ballot |
---|
3578 | | - | 109.31application submitted by a voter is not deficient for purposes of applying for an absentee |
---|
3579 | | - | 109.32ballot if the application was printed or provided to the voter prior to July 1, 2025. On or |
---|
3580 | | - | 109Article 3 Sec. 91. |
---|
3581 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK 110.1after July 1, 2025, an election official must not print, copy, or distribute a blank absentee |
---|
3582 | | - | 110.2ballot application that does not include the modifications required by section 25. |
---|
3583 | | - | 110.3Sec. 92. REPEALER. |
---|
3584 | | - | 110.4 Minnesota Statutes 2024, sections 206.57, subdivision 5b; and 209.06, are repealed. |
---|
3585 | | - | 110.5Sec. 93. EFFECTIVE DATE. |
---|
3586 | | - | 110.6 Unless otherwise provided, this article is effective July 1, 2025. |
---|
3587 | | - | 110Article 3 Sec. 93. |
---|
3588 | | - | S3096-1 1st EngrossmentSF3096 REVISOR JFK Page.Ln 2.15ELECTIONS APPROPRIATIONS........................................................ARTICLE 1 |
---|
3589 | | - | Page.Ln 7.12CAMPAIGN FINANCE POLICY.........................................................ARTICLE 2 |
---|
3590 | | - | Page.Ln 43.6ELECTION POLICY.............................................................................ARTICLE 3 |
---|
3591 | | - | 1 |
---|
3592 | | - | APPENDIX |
---|
3593 | | - | Article locations for S3096-1 206.57 EXAMINATION OF NEW VOTING SYSTEMS. |
---|
3594 | | - | Subd. 5b.Township voting equipment study.(a) Beginning in 2009 and at least once every |
---|
3595 | | - | other year until 2016, the secretary of state shall consult with interested parties, including, but not |
---|
3596 | | - | limited to, members of the legislature, town officers, county election officials, the National Federation |
---|
3597 | | - | of the Blind, the Minnesota State Council on Disability, and the Disability Law Center regarding: |
---|
3598 | | - | (1) options for full compliance with subdivision 5; and |
---|
3599 | | - | (2) ongoing costs of compliance with subdivision 5 and methods of reducing those costs. |
---|
3600 | | - | (b) Beginning January 15, 2010, and until January 15, 2017, the secretary of state shall report |
---|
3601 | | - | to the chairs and ranking minority members of the legislative committees and divisions with |
---|
3602 | | - | jurisdiction over elections policy and finance regarding the findings, discussions, and developments |
---|
3603 | | - | under paragraph (a). |
---|
3604 | | - | 206.95 VOTING EQUIPMENT GRANT ACCOUNT. |
---|
3605 | | - | Subdivision 1.Voting equipment grant account.A voting equipment grant account is |
---|
3606 | | - | established in the special revenue fund. Funds in the account are appropriated to the secretary of |
---|
3607 | | - | state to provide grants to political subdivisions as authorized by this section. Funds in the account |
---|
3608 | | - | are available until expended. |
---|
3609 | | - | Subd. 2.Authorized equipment.A political subdivision may apply to receive a grant under |
---|
3610 | | - | this section for the purchase or lease of the following: |
---|
3611 | | - | (1) an electronic voting system, or any individual components of an electronic voting system |
---|
3612 | | - | as provided in section 206.56, subdivision 8; |
---|
3613 | | - | (2) assistive voting technology; |
---|
3614 | | - | (3) an electronic roster system meeting the technology requirements of section 201.225, |
---|
3615 | | - | subdivision 2; and |
---|
3616 | | - | (4) any other equipment or technology approved by the secretary of state for use in conducting |
---|
3617 | | - | a state or local election in Minnesota consistent with the requirements of law. |
---|
3618 | | - | Subd. 3.Application.(a) The secretary of state may make a grant from the account to a political |
---|
3619 | | - | subdivision only after receiving an application from the political subdivision. The application must |
---|
3620 | | - | contain the following information: |
---|
3621 | | - | (1) the date the application is submitted; |
---|
3622 | | - | (2) the name of the political subdivision; |
---|
3623 | | - | (3) the name and title of the individual who prepared the application; |
---|
3624 | | - | (4) the type of voting system currently used in each precinct in the political subdivision; |
---|
3625 | | - | (5) the date the system currently used was acquired and at what cost; |
---|
3626 | | - | (6) the total number of registered voters, as of the date of the application, in each precinct in |
---|
3627 | | - | the political subdivision; |
---|
3628 | | - | (7) the total amount of the grant requested; |
---|
3629 | | - | (8) the total amount and source of the political subdivision's money to be used to match a grant |
---|
3630 | | - | from the account; |
---|
3631 | | - | (9) the type of voting system to be acquired with the grant money and whether the voting system |
---|
3632 | | - | will permit individuals with disabilities to cast a secret ballot; |
---|
3633 | | - | (10) the proposed schedule for purchasing and implementing the new voting system and the |
---|
3634 | | - | precincts in which the new voting system would be used; |
---|
3635 | | - | (11) whether the political subdivision has previously applied for a grant from the account and |
---|
3636 | | - | the disposition of that application; |
---|
3637 | | - | (12) a certified statement by the political subdivision that the grant will be used only to purchase |
---|
3638 | | - | authorized equipment under subdivision 2 and that the political subdivision has insufficient resources |
---|
3639 | | - | to purchase the voting system without obtaining a grant from the account; and |
---|
3640 | | - | (13) any other information required by the secretary of state. |
---|
3641 | | - | 1R |
---|
3642 | | - | APPENDIX |
---|
3643 | | - | Repealed Minnesota Statutes: S3096-1 (b) The secretary of state must establish a deadline for receipt of grant applications, a procedure |
---|
3644 | | - | for awarding and distributing grants, and a process for verifying the proper use of the grants after |
---|
3645 | | - | distribution. |
---|
3646 | | - | Subd. 4.Amount of grant.A political subdivision is eligible to receive a grant of no more than |
---|
3647 | | - | 75 percent of the total cost of electronic roster equipment and 50 percent of the total cost of all |
---|
3648 | | - | other equipment or technology authorized for a grant under subdivision 2. In evaluating the |
---|
3649 | | - | application, the secretary of state shall consider only the information set forth in the application |
---|
3650 | | - | and is not subject to chapter 14. If the secretary of state determines that the application has been |
---|
3651 | | - | fully and properly completed, and that there is a sufficient balance in the account to fund the grant, |
---|
3652 | | - | either in whole or in part, the secretary of state may approve the application. |
---|
3653 | | - | Subd. 5.Report to legislature.No later than January 15, 2018, and annually thereafter until |
---|
3654 | | - | the appropriations provided for grants under this section have been exhausted, the secretary of state |
---|
3655 | | - | must submit a report to the legislative committees with jurisdiction over elections policy on grants |
---|
3656 | | - | awarded by this section. The report must detail each grant awarded, including the jurisdiction, the |
---|
3657 | | - | amount of the grant, and the type of equipment purchased. |
---|
3658 | | - | 209.06 INSPECTION OF BALLOTS. |
---|
3659 | | - | Subdivision 1.Appointment of inspectors.After a contest has been instituted, either party |
---|
3660 | | - | may have the ballots inspected before preparing for trial. The party requesting an inspection shall |
---|
3661 | | - | file with the district court where the contest is brought a verified petition, stating that the case cannot |
---|
3662 | | - | properly be prepared for trial without an inspection of the ballots and designating the precincts in |
---|
3663 | | - | which an inspection is desired. A judge of the court in which the contest is pending shall then |
---|
3664 | | - | appoint as many sets of three inspectors for a contest of any office or question as are needed to |
---|
3665 | | - | count and inspect the ballots expeditiously. One inspector must be selected by each of the parties |
---|
3666 | | - | to the contest and a third must be chosen by those two inspectors. If either party neglects or refuses |
---|
3667 | | - | to name an inspector, the judge shall appoint the inspector. The compensation of inspectors is the |
---|
3668 | | - | same as for referees, unless otherwise stipulated. |
---|
3669 | | - | Subd. 2.Bond, taxing of costs.The party applying for the inspection shall file with the court |
---|
3670 | | - | administrator of district court a bond in the sum of $250 if the contest is in a single county. In other |
---|
3671 | | - | cases the bond shall be in a sum set by the court with sureties approved by the court, and conditioned |
---|
3672 | | - | that the party seeking inspection will pay the administrative costs and expenses of the inspection |
---|
3673 | | - | if that party loses the contest. |
---|
3674 | | - | Subd. 3.Report of inspectors.An inspection must be made in the office and in the presence |
---|
3675 | | - | of the legal custodian of the ballots. The inspectors shall recanvass the votes cast for the parties to |
---|
3676 | | - | the contest or the question in issue in accordance with the rules for counting ballots in the Minnesota |
---|
3677 | | - | Election Law. They shall make a written report of the inspection indicating the number of votes |
---|
3678 | | - | cast for each candidate or each side of the question in each precinct where the ballots were inspected |
---|
3679 | | - | and indicating any disputed ballots upon which the inspectors cannot agree. |
---|
3680 | | - | 211B.04 CAMPAIGN MATERIAL MUST INCLUDE DISCLAIMER. |
---|
3681 | | - | Subd. 4.Websites.The requirements of this section are satisfied for an entire website or social |
---|
3682 | | - | media page when the disclaimer required in subdivision 1 or 2 appears once on the home page of |
---|
3683 | | - | the site. |
---|
3684 | | - | 211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL. |
---|
3685 | | - | Subdivision 1.Gross misdemeanor.(a) A person is guilty of a gross misdemeanor who |
---|
3686 | | - | intentionally participates in the preparation, dissemination, or broadcast of paid political advertising |
---|
3687 | | - | or campaign material with respect to the personal or political character or acts of a candidate, or |
---|
3688 | | - | with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or |
---|
3689 | | - | defeat a candidate for nomination or election to a public office or to promote or defeat a ballot |
---|
3690 | | - | question, that is false, and that the person knows is false or communicates to others with reckless |
---|
3691 | | - | disregard of whether it is false. |
---|
3692 | | - | (b) A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter |
---|
3693 | | - | to the editor with respect to the personal or political character or acts of a candidate, or with respect |
---|
3694 | | - | to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat any |
---|
3695 | | - | candidate for nomination or election to a public office or to promote or defeat a ballot question, |
---|
3696 | | - | that is false, and that the person knows is false or communicates to others with reckless disregard |
---|
3697 | | - | of whether it is false. |
---|
3698 | | - | 2R |
---|
3699 | | - | APPENDIX |
---|
3700 | | - | Repealed Minnesota Statutes: S3096-1 Subd. 2.Exception.Subdivision 1 does not apply to any person or organization whose sole act |
---|
3701 | | - | is, in the normal course of their business, the printing, manufacturing, or dissemination of the false |
---|
3702 | | - | information. |
---|
3703 | | - | 211B.08 SOLICITATION OF CONTRIBUTIONS PROHIBITED. |
---|
3704 | | - | A religious, charitable, or educational organization may not request a candidate or committee |
---|
3705 | | - | to contribute to the organization, to subscribe for the support of a club or organization, to buy tickets |
---|
3706 | | - | to entertainment, or to pay for space in a publication. This section does not apply to: |
---|
3707 | | - | (1) the solicitation of a business advertisement in periodicals in which the candidate was a |
---|
3708 | | - | regular contributor, before candidacy; |
---|
3709 | | - | (2) ordinary business advertisements; |
---|
3710 | | - | (3) regular payments to a religious, charitable, or educational organization, of which the candidate |
---|
3711 | | - | was a member, or to which the candidate was a contributor for more than six months before |
---|
3712 | | - | candidacy; or |
---|
3713 | | - | (4) ordinary contributions at church services. |
---|
3714 | | - | 3R |
---|
3715 | | - | APPENDIX |
---|
3716 | | - | Repealed Minnesota Statutes: S3096-1 4503.2000DISCLAIMERS. |
---|
3717 | | - | Subp. 2.Material linked to a disclaimer.Minnesota Statutes, section 211B.04, does |
---|
3718 | | - | not apply to the following communications that link directly to an online page that includes |
---|
3719 | | - | a disclaimer in the form required by that section if the communication is made by or on |
---|
3720 | | - | behalf of a candidate, principal campaign committee, political committee, political fund, |
---|
3721 | | - | political party unit, or person who has made an electioneering communication, as those |
---|
3722 | | - | terms are defined in Minnesota Statutes, chapter 10A: |
---|
3723 | | - | A.text, images, video, or audio disseminated via a social media platform; |
---|
3724 | | - | B.a text or multimedia message disseminated only to telephone numbers; |
---|
3725 | | - | C.text, images, video, or audio disseminated using an application accessed |
---|
3726 | | - | primarily via mobile phone, excluding email messages, telephone calls, and voicemail |
---|
3727 | | - | messages; and |
---|
3728 | | - | D.paid electronic advertisements disseminated via the internet by a third party, |
---|
3729 | | - | including but not limited to online banner advertisements and advertisements appearing |
---|
3730 | | - | within the electronic version of a newspaper, periodical, or magazine. |
---|
3731 | | - | The link must be conspicuous and when selected must result in the display of an online |
---|
3732 | | - | page that prominently includes the required disclaimer. |
---|
3733 | | - | 4511.1100MAJOR DECISION OF NONELECTED LOCAL OFFICIALS. |
---|
3734 | | - | Subpart 1.Major decision regarding the expenditure of public money.Attempting |
---|
3735 | | - | to influence a nonelected local official is lobbying if the nonelected local official may make, |
---|
3736 | | - | recommend, or vote on as a member of the political subdivision's governing body, a major |
---|
3737 | | - | decision regarding an expenditure or investment of public money. |
---|
3738 | | - | Subp. 2.Actions that are a major decision regarding public funds.A major decision |
---|
3739 | | - | regarding the expenditure or investment of public money includes but is not limited to a |
---|
3740 | | - | decision on: |
---|
3741 | | - | A.the development and ratification of operating and capital budgets of a political |
---|
3742 | | - | subdivision, including development of the budget request for an office or department within |
---|
3743 | | - | the political subdivision; |
---|
3744 | | - | B.whether to apply for or accept state or federal funding or private grant funding; |
---|
3745 | | - | C.selecting recipients for government grants from the political subdivision; or |
---|
3746 | | - | D.tax abatement, tax increment financing, or expenditures on public infrastructure, |
---|
3747 | | - | used to support private housing or business developments. |
---|
3748 | | - | Subp. 3.Actions that are not a major decision.A major decision regarding the |
---|
3749 | | - | expenditure of public money does not include: |
---|
3750 | | - | A.the purchase of goods or services with public funds in the operating or capital |
---|
3751 | | - | budget of a political subdivision; |
---|
3752 | | - | B.collective bargaining of a labor contract on behalf of a political subdivision; |
---|
3753 | | - | or |
---|
3754 | | - | C.participating in discussions with a party or a party's representative regarding |
---|
3755 | | - | litigation between the party and the political subdivision of the local official. |
---|
3756 | | - | 4R |
---|
3757 | | - | APPENDIX |
---|
3758 | | - | Repealed Minnesota Rules: S3096-1 |
---|