1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to elections; requiring voters who register on election day to cast provisional |
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3 | 3 | | 1.3 ballots; making conforming changes; amending Minnesota Statutes 2024, sections |
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4 | 4 | | 1.4 171.072; 201.061, subdivisions 1a, 3, 4; 201.121, subdivision 1; 201.225, |
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5 | 5 | | 1.5 subdivisions 2, 5; 203B.04, subdivision 4; 203B.07, subdivision 3; 203B.08, |
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6 | 6 | | 1.6 subdivision 3; 203B.081, subdivision 3; 203B.121, subdivision 2; 203B.30, |
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7 | 7 | | 1.7 subdivisions 2, 3; 204C.07, subdivision 3a; 204C.32; 204C.33, subdivision 1; |
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8 | 8 | | 1.8 204C.37; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision |
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9 | 9 | | 1.9 4; 205A.10, subdivision 3; proposing coding for new law in Minnesota Statutes, |
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10 | 10 | | 1.10 chapter 204C; repealing Minnesota Statutes 2024, sections 135A.17, subdivision |
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11 | 11 | | 1.11 2; 201.061, subdivision 7; 201.121, subdivision 3. |
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12 | 12 | | 1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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13 | 13 | | 1.13 Section 1. Minnesota Statutes 2024, section 171.072, is amended to read: |
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14 | 14 | | 1.14 171.072 TRIBAL IDENTIFICATION CARD. |
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15 | 15 | | 1.15 (a) If a Minnesota identification card is deemed an acceptable form of identification in |
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16 | 16 | | 1.16Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of |
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17 | 17 | | 1.17identification. A tribal identification card is a primary document for purposes of section |
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18 | 18 | | 1.18171.062 when an applicant applies for a noncompliant license or identification card. |
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19 | 19 | | 1.19 (b) For purposes of this section, "tribal identification card" means an unexpired |
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20 | 20 | | 1.20identification card issued by a tribal government of a tribe recognized by the Bureau of |
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21 | 21 | | 1.21Indian Affairs, United States Department of the Interior, that contains the legal name, date |
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22 | 22 | | 1.22of birth, signature, and picture of the enrolled tribal member. |
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23 | 23 | | 1.23 (c) The tribal identification card must contain security features that make it as impervious |
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24 | 24 | | 1.24to alteration as is reasonably practicable in its design and quality of material and technology. |
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25 | 25 | | 1.25The security features must use materials that are not readily available to the general public. |
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26 | 26 | | 1Section 1. |
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27 | 27 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS |
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28 | 28 | | SENATE |
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29 | 29 | | STATE OF MINNESOTA |
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30 | 30 | | S.F. No. 3315NINETY-FOURTH SESSION |
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31 | 31 | | (SENATE AUTHORS: LIESKE and Wesenberg) |
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32 | 32 | | OFFICIAL STATUSD-PGDATE |
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33 | 33 | | Introduction and first reading04/07/2025 |
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34 | 34 | | Referred to Elections 2.1The tribal identification card must not be susceptible to reproduction by photocopying or |
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35 | 35 | | 2.2simulation and must be highly resistant to data or photograph substitution and other |
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36 | 36 | | 2.3tampering. |
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37 | 37 | | 2.4 (d) Except as provided in paragraph (a), the requirements of this section do not apply: |
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38 | 38 | | 2.5(1) except as provided in paragraph (a), to an application for a driver's license or Minnesota |
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39 | 39 | | 2.6identification card under this chapter; or (2) to tribal identification cards used to prove an |
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40 | 40 | | 2.7individual's residence for purposes of section 201.061, subdivision 3. |
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41 | 41 | | 2.8 Sec. 2. Minnesota Statutes 2024, section 201.061, subdivision 1a, is amended to read: |
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42 | 42 | | 2.9 Subd. 1a.Incomplete registration by mail.If the county auditor determines that a voter |
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43 | 43 | | 2.10who has submitted a voter registration application by mail has not previously voted in this |
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44 | 44 | | 2.11state for a federal office and has also not presented a document authorized for election day |
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45 | 45 | | 2.12registration in section 201.061, subdivision 3, to the county auditor, and the county auditor |
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46 | 46 | | 2.13is unable to verify the voter's driver's license, state identification, or last four digits of the |
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47 | 47 | | 2.14voter's Social Security number as provided by the voter on the voter registration application |
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48 | 48 | | 2.15whether the voter is eligible to vote, then the county auditor must notify the voter that the |
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49 | 49 | | 2.16registration is incomplete and to complete registration by using one of the following methods: |
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50 | 50 | | 2.17 (1) presenting to the auditor submitting a completed voter registration application more |
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51 | 51 | | 2.18than 20 days before the election a document authorized for election day registration in |
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52 | 52 | | 2.19section 201.061, subdivision 3; |
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53 | 53 | | 2.20 (2) registering in person before or on election day; or |
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54 | 54 | | 2.21 (3) if voting by absentee ballot or by mail, following election day registration procedures |
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55 | 55 | | 2.22for absentee voters as described in section 203B.04, subdivision 4; or |
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56 | 56 | | 2.23 (4) providing proof of residence by any of the methods authorized for election day |
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57 | 57 | | 2.24registration in section 201.061, subdivision 3. |
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58 | 58 | | 2.25 Sec. 3. Minnesota Statutes 2024, section 201.061, subdivision 3, is amended to read: |
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59 | 59 | | 2.26 Subd. 3.Election day registration.(a) An individual who is eligible to vote may register |
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60 | 60 | | 2.27on election day by appearing in person at the polling place for the precinct in which the |
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61 | 61 | | 2.28individual maintains residence, by and completing a voter registration application, making |
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62 | 62 | | 2.29an oath in the form prescribed by the secretary of state and providing proof of residence. |
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63 | 63 | | 2.30An individual may prove residence for purposes of registering by:. For purposes of |
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64 | 64 | | 2.31registration under this subdivision, the voter registration application must be printed on or |
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65 | 65 | | 2.32affixed to a provisional ballot envelope and contain the information required by section |
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66 | 66 | | 2Sec. 3. |
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67 | 67 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 3.1201.071, subdivision 1. An individual who registers on election day is entitled to cast a |
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68 | 68 | | 3.2provisional ballot pursuant to section 204C.135. |
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69 | 69 | | 3.3 (1) presenting a driver's license or Minnesota identification card issued pursuant to |
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70 | 70 | | 3.4section 171.07; |
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71 | 71 | | 3.5 (2) presenting any document approved by the secretary of state as proper identification; |
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72 | 72 | | 3.6 (3) presenting a current student fee statement that contains the student's valid address |
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73 | 73 | | 3.7in the precinct together with a picture identification card; or |
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74 | 74 | | 3.8 (4) having a voter who is registered to vote in the precinct, or an employee employed |
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75 | 75 | | 3.9by and working in a residential facility in the precinct and vouching for a resident in the |
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76 | 76 | | 3.10facility, sign an oath in the presence of the election judge vouching that the voter or employee |
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77 | 77 | | 3.11personally knows that the individual is a resident of the precinct. A voter who has been |
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78 | 78 | | 3.12vouched for on election day may not sign a proof of residence oath vouching for any other |
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79 | 79 | | 3.13individual on that election day. A voter who is registered to vote in the precinct may sign |
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80 | 80 | | 3.14up to eight proof-of-residence oaths on any election day. This limitation does not apply to |
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81 | 81 | | 3.15an employee of a residential facility described in this clause. The secretary of state shall |
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82 | 82 | | 3.16provide a form for election judges to use in recording the number of individuals for whom |
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83 | 83 | | 3.17a voter signs proof-of-residence oaths on election day. The form must include space for the |
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84 | 84 | | 3.18maximum number of individuals for whom a voter may sign proof-of-residence oaths. For |
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85 | 85 | | 3.19each proof-of-residence oath, the form must include a statement that the individual: (i) is |
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86 | 86 | | 3.20registered to vote in the precinct or is an employee of a residential facility in the precinct, |
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87 | 87 | | 3.21(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the |
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88 | 88 | | 3.22statement on oath. The form must include a space for the voter's printed name, signature, |
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89 | 89 | | 3.23telephone number, and address. |
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90 | 90 | | 3.24 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be |
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91 | 91 | | 3.25attached to the voter registration application. |
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92 | 92 | | 3.26 (b) The operator of a residential facility shall prepare a list of the names of its employees |
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93 | 93 | | 3.27currently working in the residential facility and the address of the residential facility. The |
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94 | 94 | | 3.28operator shall certify the list and provide it to the appropriate county auditor no less than |
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95 | 95 | | 3.2920 days before each election for use in election day registration. |
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96 | 96 | | 3.30 (c) "Residential facility" means transitional housing as defined in section 256K.48, |
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97 | 97 | | 3.31subdivision 1; a supervised living facility licensed by the commissioner of health under |
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98 | 98 | | 3.32section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision |
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99 | 99 | | 3.335; an assisted living facility licensed by the commissioner of health under chapter 144G; a |
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100 | 100 | | 3.34veterans home operated by the board of directors of the Minnesota Veterans Homes under |
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101 | 101 | | 3Sec. 3. |
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102 | 102 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 4.1chapter 198; a residence licensed by the commissioner of human services to provide a |
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103 | 103 | | 4.2residential program as defined in section 245A.02, subdivision 14; a residential facility for |
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104 | 104 | | 4.3persons with a developmental disability licensed by the commissioner of human services |
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105 | 105 | | 4.4under section 252.28; setting authorized to provide housing support as defined in section |
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106 | 106 | | 4.5256I.03, subdivision 10a; a shelter for battered women as defined in section 611A.37, |
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107 | 107 | | 4.6subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to |
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108 | 108 | | 4.7provide temporary living accommodations for the homeless; a facility where a provider |
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109 | 109 | | 4.8operates a residential treatment program as defined in section 245.462, subdivision 23; or |
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110 | 110 | | 4.9a facility where a provider operates an adult foster care program as defined in section |
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111 | 111 | | 4.10245A.02, subdivision 6c. |
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112 | 112 | | 4.11 (d) For tribal band members, an individual may prove residence for purposes of |
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113 | 113 | | 4.12registering by: |
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114 | 114 | | 4.13 (1) presenting an identification card issued by the tribal government of a tribe recognized |
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115 | 115 | | 4.14by the Bureau of Indian Affairs, United States Department of the Interior, that contains the |
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116 | 116 | | 4.15name, address, signature, and picture of the individual; or |
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117 | 117 | | 4.16 (2) presenting an identification card issued by the tribal government of a tribe recognized |
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118 | 118 | | 4.17by the Bureau of Indian Affairs, United States Department of the Interior, that contains the |
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119 | 119 | | 4.18name, signature, and picture of the individual and also presenting one of the documents |
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120 | 120 | | 4.19listed in Minnesota Rules, part 8200.5100, subpart 2, item B. |
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121 | 121 | | 4.20 (e) (b) A county, school district, or municipality may require that an election judge |
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122 | 122 | | 4.21responsible for election day registration initial each completed registration application. |
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123 | 123 | | 4.22 Sec. 4. Minnesota Statutes 2024, section 201.061, subdivision 4, is amended to read: |
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124 | 124 | | 4.23 Subd. 4.Registration by election judges; procedures.Registration at the polling place |
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125 | 125 | | 4.24on election day shall be conducted by the election judges. Before registering an individual |
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126 | 126 | | 4.25to vote at the polling place, the election judge must review any list of absentee election day |
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127 | 127 | | 4.26registrants provided by the county auditor or municipal clerk to see if the person has already |
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128 | 128 | | 4.27voted by absentee ballot. If the person's name appears on the list, the election judge must |
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129 | 129 | | 4.28not allow the individual to register or to vote in the polling place. The election judge who |
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130 | 130 | | 4.29registers an individual at the polling place on election day shall not handle that voter's ballots |
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131 | 131 | | 4.30at any time prior to the opening of the ballot box after the voting ends. Registration |
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132 | 132 | | 4.31applications and forms for oaths shall be available at each polling place. If an individual |
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133 | 133 | | 4.32who registers on election day proves residence by oath of a registered voter, the form |
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134 | 134 | | 4.33containing the oath shall be attached to the individual's registration application. Registration |
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135 | 135 | | 4.34applications completed on election day shall be forwarded to the county auditor who shall |
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136 | 136 | | 4Sec. 4. |
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137 | 137 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 5.1add the name of each voter to the registration system unless the information forwarded is |
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138 | 138 | | 5.2substantially deficient. A county auditor who finds an election day registration substantially |
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139 | 139 | | 5.3deficient shall give written notice to the individual whose registration is found deficient. |
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140 | 140 | | 5.4An election day registration shall not be found deficient solely because the individual who |
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141 | 141 | | 5.5provided proof of residence was ineligible to do so. |
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142 | 142 | | 5.6 Sec. 5. Minnesota Statutes 2024, section 201.121, subdivision 1, is amended to read: |
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143 | 143 | | 5.7 Subdivision 1.Entry of registration information.(a) At the time a voter registration |
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144 | 144 | | 5.8application is properly completed, submitted, and received in accordance with sections |
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145 | 145 | | 5.9201.061 and 201.071, the county auditor shall enter the information contained on it into the |
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146 | 146 | | 5.10statewide registration system. Voter registration applications completed before election day |
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147 | 147 | | 5.11must be entered into the statewide registration system within ten days after they have been |
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148 | 148 | | 5.12submitted to the county auditor, but no later than three days after the election. Voter |
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149 | 149 | | 5.13registration applications completed on election day must be entered into the statewide |
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150 | 150 | | 5.14registration system within 42 as soon as possible, but no later than three days after the |
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151 | 151 | | 5.15election, unless the county auditor notifies the secretary of state before the deadline has |
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152 | 152 | | 5.16expired that the deadline will not be met. Upon receipt of a notification under this paragraph, |
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153 | 153 | | 5.17the secretary of state must extend the deadline for that county auditor by an additional 28 |
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154 | 154 | | 5.18days. The secretary of state may waive a county's obligations under this paragraph if, on |
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155 | 155 | | 5.19good cause shown, the county demonstrates its permanent inability to comply. |
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156 | 156 | | 5.20The secretary of state must post data on each county's compliance with this paragraph on |
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157 | 157 | | 5.21the secretary of state's website including, as applicable, the date each county fully complied |
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158 | 158 | | 5.22or the deadline by which a county's compliance must be complete. |
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159 | 159 | | 5.23 (b) Upon receiving a completed voter registration application, the secretary of state may |
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160 | 160 | | 5.24electronically transmit the information on the application to the appropriate county auditor |
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161 | 161 | | 5.25as soon as possible for review by the county auditor before final entry into the statewide |
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162 | 162 | | 5.26registration system. The secretary of state may mail the voter registration application to the |
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163 | 163 | | 5.27county auditor. |
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164 | 164 | | 5.28 (c) Within ten days after the county auditor has entered information from a voter |
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165 | 165 | | 5.29registration application into the statewide registration system, the secretary of state shall |
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166 | 166 | | 5.30compare the voter's name, date of birth, and driver's license number, state identification |
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167 | 167 | | 5.31number, or the last four digits of the Social Security number with the same information |
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168 | 168 | | 5.32contained in the Department of Public Safety database. For applications received on election |
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169 | 169 | | 5.33day, this must be completed within three days after the county auditor or municipal clerk |
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170 | 170 | | 5.34has entered the information into the statewide voter registration system. |
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171 | 171 | | 5Sec. 5. |
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172 | 172 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 6.1 (d) The secretary of state shall provide a report to the county auditor on a weekly basis |
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173 | 173 | | 6.2that includes a list of voters whose name, date of birth, or identification number have been |
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174 | 174 | | 6.3compared with the same information in the Department of Public Safety database and cannot |
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175 | 175 | | 6.4be verified as provided in this subdivision. The report must list separately those voters who |
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176 | 176 | | 6.5have submitted a voter registration application by mail and have not voted in a federal |
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177 | 177 | | 6.6election in this state. For the six days following an election, the secretary of state must |
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178 | 178 | | 6.7provide this report daily to county auditors and municipal clerks. |
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179 | 179 | | 6.8 (e) The county auditor shall compile a list of voters for whom the county auditor and |
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180 | 180 | | 6.9the secretary of state are unable to conclude that information on the voter registration |
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181 | 181 | | 6.10application and the corresponding information in the Department of Public Safety database |
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182 | 182 | | 6.11relate to the same person. |
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183 | 183 | | 6.12 (f) The county auditor shall send a notice of incomplete registration to any voter whose |
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184 | 184 | | 6.13name appears on the list and change the voter's status to "challenged." A voter who receives |
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185 | 185 | | 6.14a notice of incomplete registration from the county auditor may either provide the information |
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186 | 186 | | 6.15required to clear the challenge at least 21 days before the next election or at the polling |
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187 | 187 | | 6.16place on election day. |
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188 | 188 | | 6.17 Sec. 6. Minnesota Statutes 2024, section 201.225, subdivision 2, is amended to read: |
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189 | 189 | | 6.18 Subd. 2.Technology requirements.An electronic roster must: |
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190 | 190 | | 6.19 (1) be able to be loaded with a data file that includes voter registration data in a file |
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191 | 191 | | 6.20format prescribed by the secretary of state; |
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192 | 192 | | 6.21 (2) allow for data to be exported in a file format prescribed by the secretary of state; |
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193 | 193 | | 6.22 (3) allow for data to be entered manually or by scanning a Minnesota driver's license or |
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194 | 194 | | 6.23identification card to locate a voter record or populate a voter registration application that |
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195 | 195 | | 6.24would be printed and signed and dated by the voter. The printed registration application |
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196 | 196 | | 6.25can be a printed form, a label printed with voter information to be affixed to a preprinted |
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197 | 197 | | 6.26form, a combination of a form and label, or an electronic record that the voter signs |
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198 | 198 | | 6.27electronically and is printed following its completion at the polling place and affixed to the |
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199 | 199 | | 6.28provisional ballot envelope; |
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200 | 200 | | 6.29 (4) allow an election judge to update data that was populated from a scanned driver's |
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201 | 201 | | 6.30license or identification card; |
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202 | 202 | | 6.31 (5) cue an election judge to ask for and input data that is not populated from a scanned |
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203 | 203 | | 6.32driver's license or identification card that is otherwise required to be collected from the voter |
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204 | 204 | | 6.33or an election judge; |
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205 | 205 | | 6Sec. 6. |
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206 | 206 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 7.1 (6) immediately alert the election judge if the voter has provided information that indicates |
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207 | 207 | | 7.2that the voter is not eligible to vote; |
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208 | 208 | | 7.3 (7) immediately alert the election judge if the electronic roster indicates that a voter has |
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209 | 209 | | 7.4already voted in that precinct, the voter's registration status is challenged, or it appears the |
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210 | 210 | | 7.5voter maintains residence in a different precinct; |
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211 | 211 | | 7.6 (8) provide immediate instructions on how to resolve a particular type of challenge when |
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212 | 212 | | 7.7a voter's record is challenged; |
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213 | 213 | | 7.8 (9) provide for a printed voter signature certificate, containing the voter's name, address |
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214 | 214 | | 7.9of residence, date of birth, voter identification number, the oath required by section 204C.10, |
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215 | 215 | | 7.10and a space for the voter's original signature. The printed voter signature certificate can be |
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216 | 216 | | 7.11a printed form, a label printed with the voter's information to be affixed to the oath, or an |
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217 | 217 | | 7.12electronic record that the voter signs electronically and is printed following its completion |
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218 | 218 | | 7.13at the polling place; |
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219 | 219 | | 7.14 (10) contain only preregistered voters within the precinct, and not contain preregistered |
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220 | 220 | | 7.15voter data on voters registered outside of the precinct, unless being utilized for absentee or |
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221 | 221 | | 7.16early voting under chapter 203B or for mail balloting on election day pursuant to section |
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222 | 222 | | 7.17204B.45, subdivision 2a; |
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223 | 223 | | 7.18 (11) be only networked within the polling location on election day, except for the purpose |
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224 | 224 | | 7.19of updating absentee ballot records; |
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225 | 225 | | 7.20 (12) meet minimum security, reliability, and networking standards established by the |
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226 | 226 | | 7.21Office of the Secretary of State in consultation with the Department of Information |
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227 | 227 | | 7.22Technology Services; |
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228 | 228 | | 7.23 (13) be capable of providing a voter's correct polling place; and |
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229 | 229 | | 7.24 (14) perform any other functions necessary for the efficient and secure administration |
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230 | 230 | | 7.25of the participating election, as determined by the secretary of state. |
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231 | 231 | | 7.26Electronic rosters used only for election day registration do not need to comply with clauses |
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232 | 232 | | 7.27(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need |
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233 | 233 | | 7.28to comply with clauses (4) and (5). |
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234 | 234 | | 7.29 Sec. 7. Minnesota Statutes 2024, section 201.225, subdivision 5, is amended to read: |
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235 | 235 | | 7.30 Subd. 5.Election day.(a) Precincts may use electronic rosters for election day |
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236 | 236 | | 7.31registration, to process preregistered voters, or both. The printed election day registration |
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237 | 237 | | 7.32applications must be reviewed when electronic records are processed in the statewide voter |
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238 | 238 | | 7Sec. 7. |
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239 | 239 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 8.1registration system. The election judges shall determine the number of ballots to be counted |
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240 | 240 | | 8.2by counting the number of original voter signature certificates or the number of voter receipts. |
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241 | 241 | | 8.3 (b) Each precinct using electronic rosters shall have a paper backup system approved |
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242 | 242 | | 8.4by the secretary of state present at the polling place to use in the event that the election |
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243 | 243 | | 8.5judges are unable to use the electronic roster. |
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244 | 244 | | 8.6 Sec. 8. Minnesota Statutes 2024, section 203B.04, subdivision 4, is amended to read: |
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245 | 245 | | 8.7 Subd. 4.Registration at time of application.An eligible voter who is not registered |
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246 | 246 | | 8.8to vote but who is otherwise eligible to vote by absentee ballot may register by including |
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247 | 247 | | 8.9submitting a completed voter registration application with the absentee ballot. The individual |
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248 | 248 | | 8.10shall present proof of residence as required by section 201.061, subdivision 3, to the |
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249 | 249 | | 8.11individual who witnesses the marking of the absentee ballots If the absentee ballot and voter |
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250 | 250 | | 8.12registration application are returned by mail, the voter registration must be placed into the |
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251 | 251 | | 8.13return envelope along with the signature envelope. A military voter, as defined in section |
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252 | 252 | | 8.14203B.01, may register in this manner if voting pursuant to sections 203B.04 to 203B.15, or |
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253 | 253 | | 8.15may register pursuant to sections 203B.16 to 203B.27. |
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254 | 254 | | 8.16 Sec. 9. Minnesota Statutes 2024, section 203B.07, subdivision 3, is amended to read: |
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255 | 255 | | 8.17 Subd. 3.Eligibility certificate.A certificate of eligibility to vote by absentee ballot |
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256 | 256 | | 8.18shall be printed on the back of the signature envelope. The certificate shall contain space |
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257 | 257 | | 8.19for the voter's Minnesota driver's license number, state identification number, or the last |
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258 | 258 | | 8.20four digits of the voter's Social Security number, or to indicate that the voter does not have |
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259 | 259 | | 8.21one of these numbers. The space must be designed to ensure that the voter provides the |
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260 | 260 | | 8.22same type of identification as provided on the voter's absentee ballot application for purposes |
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261 | 261 | | 8.23of comparison. The certificate must also contain a statement to be signed and sworn by the |
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262 | 262 | | 8.24voter indicating that the voter meets all of the requirements established by law for voting |
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263 | 263 | | 8.25by absentee ballot and space for a statement signed by a person who is at least 18 years of |
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264 | 264 | | 8.26age on or before the day of the election and a citizen of the United States or by a notary |
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265 | 265 | | 8.27public or other individual authorized to administer oaths stating that: |
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266 | 266 | | 8.28 (1) the ballots were displayed to that individual unmarked; and |
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267 | 267 | | 8.29 (2) the voter marked the ballots in that individual's presence without showing how they |
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268 | 268 | | 8.30were marked, or, if the voter was physically unable to mark them, that the voter directed |
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269 | 269 | | 8.31another individual to mark them; and. |
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270 | 270 | | 8Sec. 9. |
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271 | 271 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 9.1 (3) if the voter was not previously registered, the voter has provided proof of residence |
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272 | 272 | | 9.2as required by section 201.061, subdivision 3. |
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273 | 273 | | 9.3 Sec. 10. Minnesota Statutes 2024, section 203B.08, subdivision 3, is amended to read: |
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274 | 274 | | 9.4 Subd. 3.Procedures on receipt of ballots.(a) When absentee ballots are returned to a |
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275 | 275 | | 9.5county auditor or municipal clerk, that official shall stamp or initial and date the return |
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276 | 276 | | 9.6envelope and. The county auditor must open the return envelope to determine if a voter |
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277 | 277 | | 9.7registration application is in the envelope. If a voter registration application is in the envelope, |
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278 | 278 | | 9.8the county auditor must remove the voter registration application. The county auditor must |
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279 | 279 | | 9.9reseal the return envelope, initial across the seal, and note that a voter registration application |
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280 | 280 | | 9.10was removed from the envelope. The county auditor must place it all return envelopes in a |
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281 | 281 | | 9.11locked ballot container or other secured and locked space with other return envelopes |
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282 | 282 | | 9.12received by that office. Except for voter registration applications removed pursuant to this |
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283 | 283 | | 9.13section, all contents of the return envelope must remain in the return envelope until delivered |
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284 | 284 | | 9.14to the ballot board. |
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285 | 285 | | 9.15 (b) Within five days after receipt, the county auditor or municipal clerk shall deliver to |
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286 | 286 | | 9.16the ballot board all ballots received, except that during the 14 days immediately preceding |
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287 | 287 | | 9.17an election, the county auditor or municipal clerk shall deliver all ballots received to the |
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288 | 288 | | 9.18ballot board within three days. Ballots received on election day after 8:00 p.m. shall be |
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289 | 289 | | 9.19marked as received late by the county auditor or municipal clerk, and must not be delivered |
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290 | 290 | | 9.20to the ballot board. |
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291 | 291 | | 9.21 (c) Upon removing the voter registration application as required by paragraph (a), the |
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292 | 292 | | 9.22county auditor must promptly process the voter registration application as provided in section |
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293 | 293 | | 9.23201.121, subdivisions 1 and 2. |
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294 | 294 | | 9.24 Sec. 11. Minnesota Statutes 2024, section 203B.081, subdivision 3, is amended to read: |
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295 | 295 | | 9.25 Subd. 3.Alternative procedure.(a) In elections not eligible to use early voting under |
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296 | 296 | | 9.26subdivision 1a, the county auditor may make available a ballot counter and ballot box for |
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297 | 297 | | 9.27use by the preregistered voters during the 18 days before the election. If a ballot counter |
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298 | 298 | | 9.28and ballot box is provided, a voter must be given the option either (1) to vote using the |
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299 | 299 | | 9.29process provided in section 203B.08, subdivision 1, or (2) to vote in the manner provided |
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300 | 300 | | 9.30in this subdivision. |
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301 | 301 | | 9.31 (b) If a voter chooses to vote in the manner provided in this subdivision, the voter must |
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302 | 302 | | 9.32state the voter's name, address, and date of birth to the county auditor or municipal clerk. |
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303 | 303 | | 9.33The voter shall sign a voter's certificate, which must include the voter's name, identification |
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304 | 304 | | 9Sec. 11. |
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305 | 305 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 10.1number, and the certification required by section 201.071, subdivision 1. The signature of |
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306 | 306 | | 10.2an individual on the voter's certificate and the issuance of a ballot to the individual is evidence |
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307 | 307 | | 10.3of the intent of the individual to vote at that election. |
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308 | 308 | | 10.4 (c) After signing the voter's certificate, the voter shall be issued a ballot and immediately |
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309 | 309 | | 10.5retire to a voting station or other designated location in the polling place to mark the ballot. |
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310 | 310 | | 10.6The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter |
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311 | 311 | | 10.7may return it to the election official in exchange for a new ballot. After completing the |
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312 | 312 | | 10.8ballot, the voter shall deposit the ballot into the ballot box. |
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313 | 313 | | 10.9 (d) The election official must immediately record that the voter has voted in the manner |
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314 | 314 | | 10.10provided in section 203B.121, subdivision 3. |
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315 | 315 | | 10.11 (e) The election duties required by this subdivision must be performed by an election |
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316 | 316 | | 10.12judge, the county auditor, municipal clerk, or a deputy of the auditor or clerk. |
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317 | 317 | | 10.13 (f) If a person is not registered to vote, the person must not be allowed to cast an absentee |
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318 | 318 | | 10.14ballot using the alternative procedure authorized by this subdivision. |
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319 | 319 | | 10.15Sec. 12. Minnesota Statutes 2024, section 203B.121, subdivision 2, is amended to read: |
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320 | 320 | | 10.16 Subd. 2.Duties of ballot board; absentee ballots.(a) The members of the ballot board |
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321 | 321 | | 10.17shall take possession of all signature envelopes delivered to them in accordance with section |
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322 | 322 | | 10.18203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk, |
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323 | 323 | | 10.19two or more members of the ballot board shall examine each signature envelope and shall |
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324 | 324 | | 10.20mark it accepted or rejected in the manner provided in this subdivision. Election judges |
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325 | 325 | | 10.21performing the duties in this section must be of different major political parties, unless they |
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326 | 326 | | 10.22are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, |
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327 | 327 | | 10.23subdivision 2. |
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328 | 328 | | 10.24 (b) The members of the ballot board shall mark the signature envelope "Accepted" and |
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329 | 329 | | 10.25initial or sign the signature envelope below the word "Accepted" if a majority of the members |
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330 | 330 | | 10.26of the ballot board examining the envelope are satisfied that: |
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331 | 331 | | 10.27 (1) the voter's name and address on the signature envelope are the same as the information |
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332 | 332 | | 10.28provided on the absentee ballot application or voter record; |
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333 | 333 | | 10.29 (2) the voter signed the certification on the envelope; |
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334 | 334 | | 10.30 (3) the voter's Minnesota driver's license, state identification number, or the last four |
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335 | 335 | | 10.31digits of the voter's Social Security number are the same as a number on the voter's absentee |
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336 | 336 | | 10.32ballot application or voter record. If the number does not match, the election judges must |
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337 | 337 | | 10Sec. 12. |
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338 | 338 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 11.1compare the signature provided by the applicant to determine whether the ballots were |
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339 | 339 | | 11.2returned by the same person to whom they were transmitted; |
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340 | 340 | | 11.3 (4) the voter is registered and eligible to vote in the precinct or has included a properly |
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341 | 341 | | 11.4completed voter registration application in the signature envelope; |
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342 | 342 | | 11.5 (5) the certificate has been completed as prescribed in the directions for casting an |
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343 | 343 | | 11.6absentee ballot; and |
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344 | 344 | | 11.7 (6) the voter has not already voted at that election, either in person or, if it is after the |
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345 | 345 | | 11.8close of business on the 19th day before the election, as provided by section 203B.081. |
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346 | 346 | | 11.9 The signature envelope from accepted ballots must be preserved and returned to the |
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347 | 347 | | 11.10county auditor. |
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348 | 348 | | 11.11 (c)(1) If a majority of the members of the ballot board examining a signature envelope |
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349 | 349 | | 11.12find that an absentee voter has failed to meet one of the requirements provided in paragraph |
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350 | 350 | | 11.13(b), they shall mark the signature envelope "Rejected," initial or sign it below the word |
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351 | 351 | | 11.14"Rejected," list the reason for the rejection on the envelope, and return it to the county |
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352 | 352 | | 11.15auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by |
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353 | 353 | | 11.16this section. Failure to place the ballot within the ballot envelope before placing it in the |
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354 | 354 | | 11.17outer white envelope is not a reason to reject an absentee ballot. |
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355 | 355 | | 11.18 (2) If an envelope has been rejected at least five days before the election, the envelope |
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356 | 356 | | 11.19must remain sealed and the official in charge of the ballot board shall provide the voter with |
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357 | 357 | | 11.20a replacement absentee ballot and signature envelope in place of the rejected ballot. |
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358 | 358 | | 11.21 (3) If an envelope is rejected within five days of the election, the envelope must remain |
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359 | 359 | | 11.22sealed and the official in charge of the ballot board must attempt to contact the voter to |
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360 | 360 | | 11.23notify the voter that the voter's ballot has been rejected by the method or methods of |
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361 | 361 | | 11.24communication provided by the voter on the voter's application for an absentee ballot or |
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362 | 362 | | 11.25voter registration. The official must document the attempts made to contact the voter. |
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363 | 363 | | 11.26 (d) The official in charge of the absentee ballot board must mail the voter a written notice |
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364 | 364 | | 11.27of absentee ballot rejection between six and ten weeks following the election. If the official |
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365 | 365 | | 11.28determines that the voter has otherwise cast a ballot in the election, no notice is required. |
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366 | 366 | | 11.29If an absentee ballot arrives after the deadline for submission provided by this chapter, the |
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367 | 367 | | 11.30notice must be provided between six to ten weeks after receipt of the ballot. A notice of |
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368 | 368 | | 11.31absentee ballot rejection must contain the following information: |
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369 | 369 | | 11.32 (1) the date on which the absentee ballot was rejected or, if the ballot was received after |
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370 | 370 | | 11.33the required deadline for submission, the date on which the ballot was received; |
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371 | 371 | | 11Sec. 12. |
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372 | 372 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 12.1 (2) the reason for rejection; and |
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373 | 373 | | 12.2 (3) the name of the appropriate election official to whom the voter may direct further |
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374 | 374 | | 12.3questions, along with appropriate contact information. |
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375 | 375 | | 12.4 (e) An absentee ballot signature envelope marked "Rejected" may not be opened or |
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376 | 376 | | 12.5subject to further review except in an election contest filed pursuant to chapter 209. |
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377 | 377 | | 12.6 Sec. 13. Minnesota Statutes 2024, section 203B.30, subdivision 2, is amended to read: |
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378 | 378 | | 12.7 Subd. 2.Voting procedure.(a) When a voter appears in an early voting polling place, |
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379 | 379 | | 12.8the voter must state the voter's name, address, and, if requested, the voter's date of birth to |
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380 | 380 | | 12.9the early voting official. The early voting official must confirm that the voter's registration |
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381 | 381 | | 12.10is current in the statewide voter registration system and that the voter has not already cast |
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382 | 382 | | 12.11a ballot in the election. If the voter's status is challenged, the voter may resolve the challenge |
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383 | 383 | | 12.12as provided in section 204C.12. An individual who is not registered to vote or whose name |
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384 | 384 | | 12.13or address has changed must register in the manner provided in section 201.061, subdivision |
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385 | 385 | | 12.143, and be provided a provisional ballot under section 204C.135. A voter who has already |
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386 | 386 | | 12.15cast a ballot in the election must not be provided with a ballot. |
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387 | 387 | | 12.16 (b) Each voter must sign the certification provided in section 204C.10. The signature of |
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388 | 388 | | 12.17an individual on the voter's certificate and the issuance of a ballot to the individual is evidence |
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389 | 389 | | 12.18of the intent of the individual to vote at that election. After the voter signs the certification, |
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390 | 390 | | 12.19two early voting officials must initial the ballot and issue it to the voter. The voter must |
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391 | 391 | | 12.20immediately retire to a voting station or other designated location in the polling place to |
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392 | 392 | | 12.21mark the ballot. The voter must not take a ballot from the polling place. If the voter spoils |
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393 | 393 | | 12.22the ballot, the voter may return it to the early voting official in exchange for a new ballot. |
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394 | 394 | | 12.23After completing the ballot, the voter must deposit the ballot into the ballot counter and |
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395 | 395 | | 12.24ballot box. The early voting official must immediately record that the voter has voted in the |
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396 | 396 | | 12.25manner provided in section 203B.121, subdivision 3. |
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397 | 397 | | 12.26 (c) If a voter casts a provisional ballot, the early voting official must process the ballot |
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398 | 398 | | 12.27consistent with section 204C.135. |
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399 | 399 | | 12.28Sec. 14. Minnesota Statutes 2024, section 203B.30, subdivision 3, is amended to read: |
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400 | 400 | | 12.29 Subd. 3.Processing of ballots.The early voting officials must remove and secure ballots |
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401 | 401 | | 12.30cast during the early voting period following the procedures in section sections 203B.121, |
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402 | 402 | | 12.31subdivision 5, paragraph (a), and 203C.135. The absentee ballot board must count the ballots |
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403 | 403 | | 12Sec. 14. |
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404 | 404 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 13.1after the polls have closed on election day following the procedures in section sections |
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405 | 405 | | 13.2203B.121, subdivision 5, paragraph (b), and 203C.135. |
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406 | 406 | | 13.3 Sec. 15. Minnesota Statutes 2024, section 204C.07, subdivision 3a, is amended to read: |
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407 | 407 | | 13.4 Subd. 3a.Residence requirement.A challenger must be a resident of this state. |
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408 | 408 | | 13.5Appointed challengers seeking admission to a polling place to serve in that capacity must |
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409 | 409 | | 13.6prove their status as a resident of this state by presenting one of the documents listed in |
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410 | 410 | | 13.7section 201.061, subdivision 3. a driver's license or Minnesota identification card issued |
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411 | 411 | | 13.8pursuant to section 171.07, any document approved by the secretary of state as proper |
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412 | 412 | | 13.9identification, or one of the following: |
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413 | 413 | | 13.10 (1) a current valid student identification card from a postsecondary educational institution |
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414 | 414 | | 13.11in Minnesota, if a list of students from that institution has been prepared under section |
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415 | 415 | | 13.12135A.17 and certified to the county auditor in the manner provided in rules of the secretary |
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416 | 416 | | 13.13of state; or |
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417 | 417 | | 13.14 (2) a current student fee statement that contains the student's valid address in the precinct |
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418 | 418 | | 13.15together with a picture identification card. |
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419 | 419 | | 13.16Challengers need not prove residence in the precinct in which they seek to act as a challenger. |
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420 | 420 | | 13.17Sec. 16. [204C.135] PROVISIONAL BALLOTS. |
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421 | 421 | | 13.18 Subdivision 1.Casting provisional ballots.(a) A voter who registered on election day |
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422 | 422 | | 13.19pursuant to section 201.061, subdivision 3, or while early voting under 203B.30, subdivision |
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423 | 423 | | 13.202, is entitled to cast a provisional ballot. |
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424 | 424 | | 13.21 (b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster or |
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425 | 425 | | 13.22a provisional voter signature certificate and complete the voter registration application on |
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426 | 426 | | 13.23the provisional ballot signature envelope. The voter registration application may be completed |
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427 | 427 | | 13.24by an electronic roster and affixed to the provisional ballot signature envelope. The voter |
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428 | 428 | | 13.25must also swear or affirm in writing that the voter is eligible to vote, has not voted previously |
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429 | 429 | | 13.26in the same election, and meets the criteria for registering to vote in the precinct in which |
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430 | 430 | | 13.27the voter appears. |
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431 | 431 | | 13.28 (c) Once the voter has completed the provisional ballot signature envelope, the voter |
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432 | 432 | | 13.29must be allowed to cast a provisional ballot. The provisional ballot must be in the same |
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433 | 433 | | 13.30form as the official ballot available in the precinct on election day. A completed provisional |
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434 | 434 | | 13.31ballot shall be sealed in a ballot envelope. The ballot envelope shall be sealed inside the |
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435 | 435 | | 13.32voter's provisional ballot signature envelope and deposited by the voter in a secure, sealed |
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436 | 436 | | 13Sec. 16. |
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437 | 437 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 14.1provisional ballot box. Completed provisional ballots must not be combined with other |
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438 | 438 | | 14.2voted ballots in the polling place. |
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439 | 439 | | 14.3 (d) The secretary of state must prescribe the form of the ballot envelope and provisional |
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440 | 440 | | 14.4ballot signature envelope. The provisional ballot signature envelope must be a color other |
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441 | 441 | | 14.5than that provided for absentee ballot signature envelopes and must be prominently labeled |
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442 | 442 | | 14.6"Provisional Ballot Signature Envelope." |
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443 | 443 | | 14.7 (e) Provisional ballots and related documentation shall be delivered to and securely |
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444 | 444 | | 14.8maintained by the county auditor or municipal clerk in the same manner as required for |
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445 | 445 | | 14.9other election materials under sections 204C.27 and 204C.28. |
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446 | 446 | | 14.10 Subd. 2.Accepting or rejecting provisional ballot signature envelopes.(a) Beginning |
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447 | 447 | | 14.11four days after the election and finishing no later than seven days after the election, the |
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448 | 448 | | 14.12county auditor or municipal clerk must process each applicant's provisional ballot signature |
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449 | 449 | | 14.13envelope. If the applicant is registered to vote, that voter's provisional ballot signature |
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450 | 450 | | 14.14envelope must be accepted. The county auditor or municipal clerk must mark the provisional |
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451 | 451 | | 14.15ballot signature envelope "Accepted" and initial or sign the envelope below the word |
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452 | 452 | | 14.16"Accepted." If the applicant is not registered to vote, the provisional ballot signature envelope |
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453 | 453 | | 14.17must be rejected. If a provisional ballot signature envelope is rejected, the county auditor |
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454 | 454 | | 14.18or municipal clerk must mark the provisional ballot signature envelope "Rejected," initial |
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455 | 455 | | 14.19or sign it below the word "Rejected," and list the reason for rejection on the envelope. The |
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456 | 456 | | 14.20county auditor or municipal clerk must promptly record in the statewide voter registration |
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457 | 457 | | 14.21system that a voter's provisional ballot signature envelope has been accepted or rejected. |
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458 | 458 | | 14.22 (b) The county auditor or municipal clerk must mail the voter a written notice of |
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459 | 459 | | 14.23provisional ballot rejection between six and ten weeks following the election. The notice |
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460 | 460 | | 14.24must include the reason for rejection and the name of the appropriate election official to |
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461 | 461 | | 14.25whom the voter may direct further questions, along with appropriate contact information. |
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462 | 462 | | 14.26 (c) A provisional ballot signature envelope marked "Rejected" may not be opened or |
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463 | 463 | | 14.27subject to further review except in an election contest filed pursuant to chapter 209. |
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464 | 464 | | 14.28 Subd. 3.Provisional ballots; reconciliation.On the seventh day after the election and |
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465 | 465 | | 14.29prior to counting any provisional ballots in the final vote totals from a precinct, the county |
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466 | 466 | | 14.30auditor or municipal clerk must verify that the number of signatures appearing on the |
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467 | 467 | | 14.31provisional ballot roster from that precinct is equal to or greater than the number of |
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468 | 468 | | 14.32provisional ballots submitted by voters in the precinct on election day. Any discrepancy |
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469 | 469 | | 14.33must be resolved before the provisional ballots from the precinct may be counted. Excess |
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470 | 470 | | 14Sec. 16. |
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471 | 471 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 15.1provisional ballots must be randomly withdrawn from the accepted provisional ballots in |
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472 | 472 | | 15.2the manner required by section 204C.20, subdivision 2. |
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473 | 473 | | 15.3 Subd. 4.Counting provisional ballots.Once the reconciliation process required by |
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474 | 474 | | 15.4subdivision 3 is completed, accepted provisional ballot signature envelopes must be opened; |
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475 | 475 | | 15.5duplicated as needed in the manner provided in section 206.86, subdivision 5; initialed by |
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476 | 476 | | 15.6the members of the ballot board; and deposited in the appropriate ballot box. If more than |
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477 | 477 | | 15.7one ballot is enclosed in the ballot envelope, the ballots must be spoiled and must not be |
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478 | 478 | | 15.8counted. |
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479 | 479 | | 15.9 Sec. 17. Minnesota Statutes 2024, section 204C.32, is amended to read: |
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480 | 480 | | 15.10 204C.32 CANVASS OF STATE PRIMARIES. |
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481 | 481 | | 15.11 Subdivision 1.County canvass.The county canvassing board shall meet at the county |
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482 | 482 | | 15.12auditor's office on either the second or third the tenth day following the state primary. After |
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483 | 483 | | 15.13taking the oath of office, the canvassing board shall publicly canvass the election returns |
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484 | 484 | | 15.14delivered to the county auditor. The board shall complete the canvass by the third tenth day |
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485 | 485 | | 15.15following the state primary and shall promptly prepare and file with the county auditor a |
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486 | 486 | | 15.16report that states: |
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487 | 487 | | 15.17 (a) the number of individuals voting at the election in the county, and in each precinct; |
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488 | 488 | | 15.18 (b) the number of individuals registering to vote on election day and the number of |
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489 | 489 | | 15.19individuals registered before election day in each precinct; |
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490 | 490 | | 15.20 (c) for each major political party, the names of the candidates running for each partisan |
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491 | 491 | | 15.21office and the number of votes received by each candidate in the county and in each precinct; |
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492 | 492 | | 15.22 (d) the names of the candidates of each major political party who are nominated; and |
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493 | 493 | | 15.23 (e) the number of votes received by each of the candidates for nonpartisan office in each |
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494 | 494 | | 15.24precinct in the county and the names of the candidates nominated for nonpartisan office. |
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495 | 495 | | 15.25 Upon completion of the canvass, the county auditor shall mail or deliver a notice of |
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496 | 496 | | 15.26nomination to each nominee for county office voted for only in that county. The county |
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497 | 497 | | 15.27auditor shall transmit one of the certified copies of the county canvassing board report for |
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498 | 498 | | 15.28state and federal offices to the secretary of state by express mail or similar service |
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499 | 499 | | 15.29immediately upon conclusion of the county canvass. The secretary of state shall mail a |
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500 | 500 | | 15.30notice of nomination to each nominee for state or federal office. |
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501 | 501 | | 15.31 Subd. 2.State canvass.The State Canvassing Board shall meet at a public meeting |
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502 | 502 | | 15.32space located in the Capitol complex area seven 14 days after the state primary to canvass |
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503 | 503 | | 15Sec. 17. |
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504 | 504 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 16.1the certified copies of the county canvassing board reports received from the county auditors. |
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505 | 505 | | 16.2Immediately after the canvassing board declares the results, the secretary of state shall |
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506 | 506 | | 16.3certify the names of the nominees to the county auditors. The secretary of state shall mail |
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507 | 507 | | 16.4to each nominee a notice of nomination. |
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508 | 508 | | 16.5 Sec. 18. Minnesota Statutes 2024, section 204C.33, subdivision 1, is amended to read: |
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509 | 509 | | 16.6 Subdivision 1.County canvass.The county canvassing board shall meet at the county |
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510 | 510 | | 16.7auditor's office between the third tenth and eighth 17th days following the state general |
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511 | 511 | | 16.8election. After taking the oath of office, the board shall promptly and publicly canvass the |
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512 | 512 | | 16.9general election returns delivered to the county auditor. Upon completion of the canvass, |
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513 | 513 | | 16.10the board shall promptly prepare and file with the county auditor a report which states: |
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514 | 514 | | 16.11 (a) the number of individuals voting at the election in the county and in each precinct; |
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515 | 515 | | 16.12 (b) the number of individuals registering to vote on election day and the number of |
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516 | 516 | | 16.13individuals registered before election day in each precinct; |
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517 | 517 | | 16.14 (c) the names of the candidates for each office and the number of votes received by each |
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518 | 518 | | 16.15candidate in the county and in each precinct; |
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519 | 519 | | 16.16 (d) the number of votes counted for and against a proposed change of county lines or |
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520 | 520 | | 16.17county seat; and |
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521 | 521 | | 16.18 (e) the number of votes counted for and against a constitutional amendment or other |
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522 | 522 | | 16.19question in the county and in each precinct. |
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523 | 523 | | 16.20 The result of write-in votes cast on the general election ballots must be compiled by the |
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524 | 524 | | 16.21county auditor before the county canvass, except that write-in votes for a candidate for |
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525 | 525 | | 16.22federal, state, or county office must not be counted unless the candidate has timely filed a |
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526 | 526 | | 16.23request under section 204B.09, subdivision 3. The county auditor shall arrange for each |
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527 | 527 | | 16.24municipality to provide an adequate number of election judges to perform this duty or the |
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528 | 528 | | 16.25county auditor may appoint additional election judges for this purpose. The county auditor |
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529 | 529 | | 16.26may open the envelopes or containers in which the voted ballots have been sealed in order |
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530 | 530 | | 16.27to count and record the write-in votes and must reseal the voted ballots at the conclusion of |
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531 | 531 | | 16.28this process. The county auditor must prepare a separate report of votes received by precinct |
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532 | 532 | | 16.29for write-in candidates for federal, state, and county offices who have requested under |
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533 | 533 | | 16.30section 204B.09 that votes for those candidates be tallied. |
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534 | 534 | | 16.31 Upon completion of the canvass, the county canvassing board shall declare the candidate |
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535 | 535 | | 16.32duly elected who received the highest number of votes for each county and state office voted |
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536 | 536 | | 16.33for only within the county. The county auditor shall transmit a certified copy of the county |
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537 | 537 | | 16Sec. 18. |
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538 | 538 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 17.1canvassing board report for state and federal offices to the secretary of state by messenger, |
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539 | 539 | | 17.2express mail, or similar service immediately upon conclusion of the county canvass. |
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540 | 540 | | 17.3 Sec. 19. Minnesota Statutes 2024, section 204C.37, is amended to read: |
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541 | 541 | | 17.4 204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF |
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542 | 542 | | 17.5STATE. |
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543 | 543 | | 17.6 A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, |
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544 | 544 | | 17.7subdivision 1, shall be certified under the official seal of the county auditor. The copy shall |
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545 | 545 | | 17.8be enclosed in an envelope addressed to the secretary of state, with the county auditor's |
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546 | 546 | | 17.9name and official address and the words "Election Returns" endorsed on the envelope. The |
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547 | 547 | | 17.10copy of the canvassing board report must be sent by express mail or delivered to the secretary |
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548 | 548 | | 17.11of state. If the copy is not received by the secretary of state within ten 17 days following |
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549 | 549 | | 17.12the applicable election a primary election, or within 24 days following a general election, |
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550 | 550 | | 17.13the secretary of state shall immediately notify the county auditor, who shall deliver another |
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551 | 551 | | 17.14copy to the secretary of state by special messenger. |
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552 | 552 | | 17.15Sec. 20. Minnesota Statutes 2024, section 205.065, subdivision 5, is amended to read: |
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553 | 553 | | 17.16 Subd. 5.Results.The municipal primary shall be conducted and the returns made in the |
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554 | 554 | | 17.17manner provided for the state primary so far as practicable. The canvass may be conducted |
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555 | 555 | | 17.18on either the second or third day after the primary. |
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556 | 556 | | 17.19 The governing body of the municipality shall canvass the returns on the tenth day after |
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557 | 557 | | 17.20the primary, and the two candidates for each office who receive the highest number of votes, |
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558 | 558 | | 17.21or a number of candidates equal to twice the number of individuals to be elected to the |
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559 | 559 | | 17.22office, who receive the highest number of votes, shall be the nominees for the office named. |
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560 | 560 | | 17.23Their names shall be certified to the municipal clerk who shall place them on the municipal |
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561 | 561 | | 17.24general election ballot without partisan designation and without payment of an additional |
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562 | 562 | | 17.25fee. |
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563 | 563 | | 17.26Sec. 21. Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read: |
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564 | 564 | | 17.27 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.(a) Between |
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565 | 565 | | 17.28the third tenth and tenth 17th days after an election, the governing body of a city conducting |
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566 | 566 | | 17.29any election including a special municipal election, or the governing body of a town |
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567 | 567 | | 17.30conducting the general election in November shall act as the canvassing board, canvass the |
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568 | 568 | | 17.31returns, and declare the results of the election. The governing body of a town conducting |
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569 | 569 | | 17Sec. 21. |
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570 | 570 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 18.1the general election in March shall act as the canvassing board, canvass the returns, and |
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571 | 571 | | 18.2declare the results of the election within two nine days after an election. |
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572 | 572 | | 18.3 (b) After the time for contesting elections has passed, the municipal clerk shall issue a |
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573 | 573 | | 18.4certificate of election to each successful candidate. In case of a contest, the certificate shall |
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574 | 574 | | 18.5not be issued until the outcome of the contest has been determined by the proper court. |
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575 | 575 | | 18.6 (c) In case of a tie vote, the canvassing board having jurisdiction over the municipality |
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576 | 576 | | 18.7shall determine the result by lot. The clerk of the canvassing board shall certify the results |
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577 | 577 | | 18.8of the election to the county auditor, and the clerk shall be the final custodian of the ballots |
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578 | 578 | | 18.9and the returns of the election. |
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579 | 579 | | 18.10Sec. 22. Minnesota Statutes 2024, section 205A.03, subdivision 4, is amended to read: |
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580 | 580 | | 18.11 Subd. 4.Results.(a) The school district primary must be conducted and the returns |
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581 | 581 | | 18.12made in the manner provided for the state primary as far as practicable. If the primary is |
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582 | 582 | | 18.13conducted: |
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583 | 583 | | 18.14 (1) only within that school district, a canvass may be conducted on either the second or |
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584 | 584 | | 18.15third day after the primary; or |
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585 | 585 | | 18.16 (2) in conjunction with the state primary, the canvass must be conducted on the third |
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586 | 586 | | 18.17day after the primary, except as otherwise provided in paragraph (b). |
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587 | 587 | | 18.18 On the tenth day after the primary, the school board of the school district shall canvass |
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588 | 588 | | 18.19the returns, and the two candidates for each specified school board position who receive |
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589 | 589 | | 18.20the highest number of votes, or a number of candidates equal to twice the number of |
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590 | 590 | | 18.21individuals to be elected to at-large school board positions who receive the highest number |
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591 | 591 | | 18.22of votes, are the nominees for the office named. Their names must be certified to the school |
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592 | 592 | | 18.23district clerk who shall place them on the school district general election ballot without |
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593 | 593 | | 18.24partisan designation and without payment of an additional fee. |
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594 | 594 | | 18.25 (b) Following a school district primary as described in paragraph (a), clause (2), a canvass |
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595 | 595 | | 18.26may be conducted on the second day after the primary if the county auditor of each county |
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596 | 596 | | 18.27in which the school district is located agrees to administratively review the school district's |
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597 | 597 | | 18.28primary voting statistics for accuracy and completeness within a time that permits the canvass |
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598 | 598 | | 18.29to be conducted on that day. |
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599 | 599 | | 18.30Sec. 23. Minnesota Statutes 2024, section 205A.10, subdivision 3, is amended to read: |
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600 | 600 | | 18.31 Subd. 3.Canvass of returns, certificate of election, ballots, disposition.Between the |
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601 | 601 | | 18.32third tenth and tenth 17th days after a school district election other than a recount of a special |
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602 | 602 | | 18Sec. 23. |
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603 | 603 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 19.1election conducted under section 126C.17, subdivision 9, or 475.59, the school board shall |
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604 | 604 | | 19.2canvass the returns and declare the results of the election. After the time for contesting |
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605 | 605 | | 19.3elections has passed, the school district clerk shall issue a certificate of election to each |
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606 | 606 | | 19.4successful candidate. If there is a contest, the certificate of election to that office must not |
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607 | 607 | | 19.5be issued until the outcome of the contest has been determined by the proper court. If there |
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608 | 608 | | 19.6is a tie vote, the school board shall determine the result by lot. The clerk shall deliver the |
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609 | 609 | | 19.7certificate of election to the successful candidate by personal service or certified mail. The |
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610 | 610 | | 19.8successful candidate shall file an acceptance and oath of office in writing with the clerk |
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611 | 611 | | 19.9within 30 days of the date of mailing or personal service. A person who fails to qualify prior |
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612 | 612 | | 19.10to the time specified shall be deemed to have refused to serve, but that filing may be made |
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613 | 613 | | 19.11at any time before action to fill the vacancy has been taken. The school district clerk shall |
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614 | 614 | | 19.12certify the results of the election to the county auditor, and the clerk shall be the final |
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615 | 615 | | 19.13custodian of the ballots and the returns of the election. |
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616 | 616 | | 19.14 A school district canvassing board shall perform the duties of the school board according |
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617 | 617 | | 19.15to the requirements of this subdivision for a recount of a special election conducted under |
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618 | 618 | | 19.16section 126C.17, subdivision 9, or 475.59. |
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619 | 619 | | 19.17Sec. 24. PUBLIC AWARENESS CAMPAIGN; SECRETARY OF STATE. |
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620 | 620 | | 19.18 The secretary of state must conduct a public awareness campaign to encourage people |
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621 | 621 | | 19.19to register to vote prior to election day. At a minimum, the secretary of state must conduct |
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622 | 622 | | 19.20the public awareness campaign in each even-numbered year from June 1 until the voter |
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623 | 623 | | 19.21registration period ends prior to the state general election. |
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624 | 624 | | 19.22Sec. 25. REPEALER. |
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625 | 625 | | 19.23 Minnesota Statutes 2024, sections 135A.17, subdivision 2; 201.061, subdivision 7; and |
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626 | 626 | | 19.24201.121, subdivision 3, are repealed. |
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627 | 627 | | 19.25Sec. 26. EFFECTIVE DATE. |
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628 | 628 | | 19.26 This act is effective on January 1, 2026, and applies to elections held on or after that |
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629 | 629 | | 19.27date. |
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630 | 630 | | 19Sec. 26. |
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631 | 631 | | 25-05279 as introduced04/01/25 REVISOR JFK/NS 135A.17 PROVISIONS TO FACILITATE VOTING. |
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632 | 632 | | Subd. 2.Residential housing list.All postsecondary institutions that enroll students accepting |
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633 | 633 | | federal financial aid may prepare a current list of students enrolled in the institution and residing |
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634 | 634 | | in the institution's housing or within ten miles of the institution's campus. All postsecondary |
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635 | 635 | | institutions that enroll students accepting state financial aid must, to the extent the information may |
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636 | 636 | | be disclosed pursuant to Code of Federal Regulations, title 34, part 99, prepare a current list of |
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637 | 637 | | students enrolled in the institution and residing in the institution's housing or in the city or cities in |
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638 | 638 | | which the campus is situated, if available. The list shall include each student's current address, |
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639 | 639 | | unless the student is enrolled in the Safe at Home address confidentiality program as provided in |
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640 | 640 | | chapter 5B. The list shall be certified and sent to the appropriate county auditor or auditors for use |
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641 | 641 | | in election day registration as provided under section 201.061, subdivision 3. A residential housing |
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642 | 642 | | list provided under this subdivision may not be used or disseminated by a county auditor or the |
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643 | 643 | | secretary of state for any other purpose. |
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644 | 644 | | 201.061 REGISTRATION ON OR BEFORE ELECTION DAY. |
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645 | 645 | | Subd. 7.Record of attempted registrations.The election judge responsible for election day |
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646 | 646 | | registration shall attempt to keep a record of the number of individuals who attempt to register on |
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647 | 647 | | election day but who cannot provide proof of residence as required by this section. The record shall |
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648 | 648 | | be forwarded to the county auditor with the election returns for that precinct. |
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649 | 649 | | 201.121 ENTRY OF NAMES; MAILED NOTICE. |
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650 | 650 | | Subd. 3.Postelection sampling.(a) Within ten days after an election, the county auditor shall |
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651 | 651 | | send the notice required by subdivision 2 to a random sampling of the individuals registered on |
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652 | 652 | | election day. The random sampling shall be determined in accordance with the rules of the secretary |
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653 | 653 | | of state. As soon as practicable after the election, the county auditor shall mail the notice required |
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654 | 654 | | by subdivision 2 to all other individuals registered on election day. If a notice is returned as not |
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655 | 655 | | deliverable, the county auditor shall attempt to determine the reason for the return. A county auditor |
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656 | 656 | | who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall |
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657 | 657 | | immediately notify the county attorney of all of the relevant information. By February 15 of each |
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658 | 658 | | year, the county auditor must notify the secretary of state of the following information for each |
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659 | 659 | | election held in the previous year by each precinct: |
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660 | 660 | | (1) the total number of all notices that were returned as nondeliverable; |
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661 | 661 | | (2) the total number of nondeliverable notices that the county auditor was able to determine the |
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662 | 662 | | reason for the return along with the reason for each return; and |
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663 | 663 | | (3) the total number of individuals for whom the county auditor does not receive or obtain |
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664 | 664 | | satisfactory proof of an individual's eligibility to vote. |
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665 | 665 | | (b) By March 1 of every year, the secretary of state shall report to the chair and ranking minority |
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666 | 666 | | members of the legislative committees with jurisdiction over elections the following information |
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667 | 667 | | for each election held in the previous year by each precinct and each county: |
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668 | 668 | | (1) the total number of all notices that were returned as nondeliverable; |
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669 | 669 | | (2) the total number of nondeliverable notices that a county auditor was able to determine the |
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670 | 670 | | reason for the return along with the reason for each return; and |
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671 | 671 | | (3) the total number of individuals for whom the county auditor does not receive or obtain |
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672 | 672 | | satisfactory proof of an individual's eligibility to vote. |
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673 | 673 | | 1R |
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674 | 674 | | APPENDIX |
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675 | 675 | | Repealed Minnesota Statutes: 25-05279 |
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