1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to elections; changing the date of the state primary to the same date as the |
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3 | 3 | | 1.3 presidential primary nomination; amending requirements for the presidential |
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4 | 4 | | 1.4 nomination primary; amending Minnesota Statutes 2024, sections 204B.14, |
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5 | 5 | | 1.5 subdivisions 2, 4; 204B.21, subdivision 1; 204C.10; 204D.03, subdivision 1; |
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6 | 6 | | 1.6 204D.05, subdivision 1; 204D.08, by adding a subdivision; 204D.09, subdivision |
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7 | 7 | | 1.7 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, |
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8 | 8 | | 1.8 2; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2; 207A.12; |
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9 | 9 | | 1.9 207A.13, subdivision 1; repealing Minnesota Statutes 2024, sections 207A.14; |
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10 | 10 | | 1.10 207A.15. |
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11 | 11 | | 1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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12 | 12 | | 1.12 Section 1. Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read: |
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13 | 13 | | 1.13 Subd. 2.Separate precincts; combined polling place.(a) The following shall constitute |
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14 | 14 | | 1.14at least one election precinct: |
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15 | 15 | | 1.15 (1) each city ward; and |
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16 | 16 | | 1.16 (2) each town and each statutory city. |
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17 | 17 | | 1.17 (b) A single, accessible, combined polling place may be established no later than |
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18 | 18 | | 1.18November 1 if a presidential nomination primary is scheduled to occur in the following |
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19 | 19 | | 1.19year or May 1 of any other year in the year prior to the general election year: |
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20 | 20 | | 1.20 (1) for any city of the third or fourth class, any town, or any city having territory in more |
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21 | 21 | | 1.21than one county, in which all the voters of the city or town shall cast their ballots; |
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22 | 22 | | 1.22 (2) for contiguous precincts in the same municipality; |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 651NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: HOWE and Koran) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading01/27/2025 |
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31 | 31 | | Referred to Elections 2.1 (3) for up to four contiguous municipalities located entirely outside the metropolitan |
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32 | 32 | | 2.2area, as defined by section 200.02, subdivision 24, that are contained in the same county; |
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33 | 33 | | 2.3or |
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34 | 34 | | 2.4 (4) for noncontiguous precincts located in one or more counties. |
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35 | 35 | | 2.5 Subject to the requirements of paragraph (c), a single, accessible, combined polling place |
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36 | 36 | | 2.6may be established after May November 1 of any year in the event of an emergency. |
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37 | 37 | | 2.7 A copy of the ordinance or resolution establishing a combined polling place must be |
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38 | 38 | | 2.8filed with the county auditor within 30 days after approval by the governing body, and the |
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39 | 39 | | 2.9county auditor must provide notice within ten days to the secretary of state, in a manner |
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40 | 40 | | 2.10and including information prescribed by the secretary of state. A polling place combined |
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41 | 41 | | 2.11under clause (3) must be approved by the governing body of each participating municipality. |
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42 | 42 | | 2.12A polling place combined under clause (4) must be approved by the governing body of each |
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43 | 43 | | 2.13participating municipality and the secretary of state and may be located outside any of the |
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44 | 44 | | 2.14noncontiguous precincts. A municipality withdrawing from participation in a combined |
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45 | 45 | | 2.15polling place must do so by filing a resolution of withdrawal with the county auditor no |
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46 | 46 | | 2.16later than October 1 if a presidential nomination primary is scheduled to occur in the |
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47 | 47 | | 2.17following year or April 1 of any other year in the year prior to the general election year, |
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48 | 48 | | 2.18and the county auditor must provide notice within ten days to the secretary of state, in a |
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49 | 49 | | 2.19manner and including information prescribed by the secretary of state. |
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50 | 50 | | 2.20 The secretary of state shall provide a separate polling place roster for each precinct |
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51 | 51 | | 2.21served by the combined polling place, except that in a precinct that uses electronic rosters |
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52 | 52 | | 2.22the secretary of state shall provide separate data files for each precinct. A single set of |
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53 | 53 | | 2.23election judges may be appointed to serve at a combined polling place. The number of |
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54 | 54 | | 2.24election judges required must be based on the total number of persons voting at the last |
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55 | 55 | | 2.25similar election in all precincts to be voting at the combined polling place. Separate ballot |
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56 | 56 | | 2.26boxes must be provided for the ballots from each precinct. The results of the election must |
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57 | 57 | | 2.27be reported separately for each precinct served by the combined polling place, except in a |
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58 | 58 | | 2.28polling place established under clause (2) where one of the precincts has fewer than ten |
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59 | 59 | | 2.29registered voters, in which case the results of that precinct must be reported in the manner |
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60 | 60 | | 2.30specified by the secretary of state. |
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61 | 61 | | 2.31 (c) If a local elections official determines that an emergency situation preventing the |
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62 | 62 | | 2.32safe, secure, and full operation of a polling place on election day has occurred or is imminent, |
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63 | 63 | | 2.33the local elections official may combine two or more polling places for that election pursuant |
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64 | 64 | | 2Section 1. |
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65 | 65 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 3.1to this subdivision. To the extent possible, the polling places must be combined and the |
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66 | 66 | | 3.2election conducted according to the requirements of paragraph (b), except that: |
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67 | 67 | | 3.3 (1) polling places may be combined after May November 1 and until the polls close on |
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68 | 68 | | 3.4election day; |
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69 | 69 | | 3.5 (2) any city or town, regardless of size or location, may establish a combined polling |
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70 | 70 | | 3.6place under this paragraph; |
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71 | 71 | | 3.7 (3) the governing body is not required to adopt an ordinance or resolution to establish |
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72 | 72 | | 3.8the combined polling place; |
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73 | 73 | | 3.9 (4) a polling place combined under paragraph (b), clause (3) or (4), must be approved |
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74 | 74 | | 3.10by the local election official of each participating municipality; |
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75 | 75 | | 3.11 (5) the local elections official must immediately notify the county auditor and the |
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76 | 76 | | 3.12secretary of state of the combination, including the reason for the emergency combination |
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77 | 77 | | 3.13and the location of the combined polling place. As soon as possible, the local elections |
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78 | 78 | | 3.14official must also post a notice stating the reason for the combination and the location of |
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79 | 79 | | 3.15the combined polling place. The notice must also be posted on the governing board's website, |
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80 | 80 | | 3.16if one exists. The local elections official must also notify the election judges and request |
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81 | 81 | | 3.17that local media outlets publicly announce the reason for the combination and the location |
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82 | 82 | | 3.18of the combined polling place; and |
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83 | 83 | | 3.19 (6) on election day, the local elections official must post a notice in large print in a |
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84 | 84 | | 3.20conspicuous place at the polling place where the emergency occurred, if practical, stating |
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85 | 85 | | 3.21the location of the combined polling place. The local election official must also post the |
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86 | 86 | | 3.22notice, if practical, in a location visible by voters who vote from their motor vehicles as |
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87 | 87 | | 3.23provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to |
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88 | 88 | | 3.24section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph |
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89 | 89 | | 3.25must include a statement that the polling place hours at the combined polling place will be |
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90 | 90 | | 3.26extended until the specified time. |
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91 | 91 | | 3.27 Sec. 2. Minnesota Statutes 2024, section 204B.14, subdivision 4, is amended to read: |
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92 | 92 | | 3.28 Subd. 4.Boundary change procedure.Any change in the boundary of an election |
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93 | 93 | | 3.29precinct must be adopted at least ten weeks before the date of the next election and, for the |
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94 | 94 | | 3.30state primary and general election or presidential nomination primary, no later than December |
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95 | 95 | | 3.311 in the year prior to the year of the state general election in the year prior to the general |
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96 | 96 | | 3.32election year. The precinct boundary change shall not take effect until notice of the change |
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97 | 97 | | 3.33has been posted in the office of the municipal clerk or county auditor for at least 56 days. |
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98 | 98 | | 3Sec. 2. |
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99 | 99 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 4.1 The county auditor must publish a notice illustrating or describing the congressional, |
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100 | 100 | | 4.2legislative, and county commissioner district boundaries in the county in one or more |
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101 | 101 | | 4.3qualified newspapers in the county at least 14 days before the first day to file affidavits of |
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102 | 102 | | 4.4candidacy for the state general election in the year ending in two. |
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103 | 103 | | 4.5 Alternate dates for adopting changes in precinct boundaries, posting notices of boundary |
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104 | 104 | | 4.6changes, and notifying voters affected by boundary changes pursuant to this subdivision, |
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105 | 105 | | 4.7and procedures for coordinating precinct boundary changes with reestablishing local |
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106 | 106 | | 4.8government election district boundaries may be established in the manner provided in the |
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107 | 107 | | 4.9rules of the secretary of state. |
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108 | 108 | | 4.10 Sec. 3. Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read: |
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109 | 109 | | 4.11 Subdivision 1.Appointment lists; duties of political parties and secretary of state.On |
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110 | 110 | | 4.12May December 1 in a year in which before there is an election for a partisan political office, |
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111 | 111 | | 4.13each major political party shall prepare a list of eligible voters to act as election judges in |
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112 | 112 | | 4.14each election precinct. The list provided by the party must indicate which eligible voters |
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113 | 113 | | 4.15are willing to travel to a precinct outside of their home jurisdiction to act as an election |
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114 | 114 | | 4.16judge, and the jurisdictions to which each eligible voter is willing to travel for that purpose. |
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115 | 115 | | 4.17The political parties shall furnish the lists electronically to the secretary of state, in a format |
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116 | 116 | | 4.18specified by the secretary of state. The secretary of state must combine the data received |
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117 | 117 | | 4.19from each political party under this subdivision and must process the data to locate the |
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118 | 118 | | 4.20precinct in which the address provided for each potential election judge is located. If the |
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119 | 119 | | 4.21data submitted by a political party is insufficient for the secretary of state to locate the proper |
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120 | 120 | | 4.22precinct, the associated name must not appear in any list forwarded to an appointing authority |
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121 | 121 | | 4.23under this subdivision. The secretary of state shall notify political parties of any proposed |
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122 | 122 | | 4.24election judges with addresses that could not be located in a precinct. |
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123 | 123 | | 4.25 By May December 15, the secretary of state shall furnish electronically to the county |
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124 | 124 | | 4.26auditor a list of the appropriate names for each election precinct in the jurisdiction of the |
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125 | 125 | | 4.27appointing authority, and a list of the names of individuals residing outside of the jurisdiction |
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126 | 126 | | 4.28who indicated a willingness to travel to that jurisdiction to act as an election judge, noting |
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127 | 127 | | 4.29the political party affiliation of each individual on the list. The county auditor must promptly |
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128 | 128 | | 4.30forward the appropriate names to the appropriate municipal clerk. |
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129 | 129 | | 4Sec. 3. |
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130 | 130 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 5.1 Sec. 4. Minnesota Statutes 2024, section 204C.10, is amended to read: |
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131 | 131 | | 5.2 204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; |
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132 | 132 | | 5.3VOTER RECEIPT. |
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133 | 133 | | 5.4 (a) An individual seeking to vote shall sign a polling place roster or voter signature |
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134 | 134 | | 5.5certificate which states that the individual: |
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135 | 135 | | 5.6 (1) is at least 18 years old; |
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136 | 136 | | 5.7 (2) is a citizen of the United States; |
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137 | 137 | | 5.8 (3) has maintained residence in Minnesota for 20 days immediately preceding the election; |
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138 | 138 | | 5.9 (4) maintains residence at the address shown; |
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139 | 139 | | 5.10 (5) is not under a guardianship in which the court order revokes the individual's right to |
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140 | 140 | | 5.11vote; |
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141 | 141 | | 5.12 (6) has not been found by a court of law to be legally incompetent to vote; |
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142 | 142 | | 5.13 (7) has the right to vote because, if the individual was convicted of a felony, the individual |
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143 | 143 | | 5.14is not currently incarcerated for that conviction; |
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144 | 144 | | 5.15 (8) is registered; and |
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145 | 145 | | 5.16 (9) has not already voted in the election. |
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146 | 146 | | 5.17 The roster must also state: "I understand that deliberately providing false information |
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147 | 147 | | 5.18is a felony punishable by not more than five years imprisonment and a fine of not more than |
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148 | 148 | | 5.19$10,000, or both." |
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149 | 149 | | 5.20 (b) At the presidential nomination state primary, the polling place roster must also state: |
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150 | 150 | | 5.21"If I participate in the presidential nomination primary, I am in general agreement with the |
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151 | 151 | | 5.22principles of the party for whose candidate I intend to vote." This statement must appear |
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152 | 152 | | 5.23separately from the statements required in paragraph (a). The felony penalty provided for |
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153 | 153 | | 5.24in paragraph (a) does not apply to this paragraph. |
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154 | 154 | | 5.25 (c) A judge may, before the applicant signs the roster or voter signature certificate, |
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155 | 155 | | 5.26confirm the applicant's name, address, and date of birth. |
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156 | 156 | | 5.27 (d) After the applicant signs the roster or voter signature certificate, the judge shall give |
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157 | 157 | | 5.28the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in |
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158 | 158 | | 5.29charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to |
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159 | 159 | | 5.30the voter the ballot. The voters' receipts must be maintained during the time for notice of |
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160 | 160 | | 5.31filing an election contest. |
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161 | 161 | | 5Sec. 4. |
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162 | 162 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 6.1 (e) Whenever a challenged status appears on the polling place roster, an election judge |
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163 | 163 | | 6.2must ensure that the challenge is concealed or hidden from the view of any voter other than |
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164 | 164 | | 6.3the voter whose status is challenged. |
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165 | 165 | | 6.4 Sec. 5. Minnesota Statutes 2024, section 204D.03, subdivision 1, is amended to read: |
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166 | 166 | | 6.5 Subdivision 1.State primary.Except as otherwise provided in this subdivision, the |
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167 | 167 | | 6.6state primary shall be held on the second first Tuesday in August March in each |
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168 | 168 | | 6.7even-numbered year to select the nominees of the major political parties for partisan offices |
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169 | 169 | | 6.8and the nominees for nonpartisan offices to be filled at the state general election, other than |
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170 | 170 | | 6.9presidential electors. In the year of the presidential election, the state primary must be held |
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171 | 171 | | 6.10on the date of the presidential nomination primary as provided in section 207A.11. |
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172 | 172 | | 6.11 Sec. 6. Minnesota Statutes 2024, section 204D.05, subdivision 1, is amended to read: |
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173 | 173 | | 6.12 Subdivision 1.State partisan primary ballot.The state partisan primary ballot shall |
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174 | 174 | | 6.13contain the names of the candidates seeking the nomination of each major political party |
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175 | 175 | | 6.14for the partisan offices filled at the state general election. In the year of the presidential |
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176 | 176 | | 6.15election, the state partisan primary ballot must also include the presidential nomination |
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177 | 177 | | 6.16primary ballot. |
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178 | 178 | | 6.17 Sec. 7. Minnesota Statutes 2024, section 204D.08, is amended by adding a subdivision to |
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179 | 179 | | 6.18read: |
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180 | 180 | | 6.19 Subd. 7.Presidential nomination primary ballot.In the year of the presidential election, |
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181 | 181 | | 6.20there must be separate ballots that include a presidential nomination primary ballot for each |
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182 | 182 | | 6.21political party participating in the presidential nomination primary, as defined in chapter |
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183 | 183 | | 6.22207A. The state primary ballot must be designed so that the presidential nomination primary |
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184 | 184 | | 6.23ballot appears first on the ballot and conforms to the requirements of chapter 207A. The |
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185 | 185 | | 6.24state primary ballot must be printed on the same ballot and appear below the presidential |
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186 | 186 | | 6.25nomination primary ballot. There must also be a ballot without a presidential nomination |
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187 | 187 | | 6.26primary ballot section for voters who do not wish to participate in the presidential nomination |
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188 | 188 | | 6.27primary. |
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189 | 189 | | 6.28 Sec. 8. Minnesota Statutes 2024, section 204D.09, subdivision 1, is amended to read: |
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190 | 190 | | 6.29 Subdivision 1.Example ballot.No later than May December 1 of each year, the secretary |
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191 | 191 | | 6.30of state shall supply each auditor with a copy of an example ballot to be used at the state |
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192 | 192 | | 6.31primary and state general election. The example ballot must illustrate the format required |
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193 | 193 | | 6Sec. 8. |
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194 | 194 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 7.1for the ballots used in the primary and general elections that year. In a year when the |
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195 | 195 | | 7.2presidential nomination primary is conducted, the example ballot must include the presidential |
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196 | 196 | | 7.3nomination primary ballot. The county auditor shall distribute copies of the example ballot |
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197 | 197 | | 7.4to municipal and school district clerks in municipalities and school districts holding elections |
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198 | 198 | | 7.5that year. The official ballot must conform in all respects to the example ballot. |
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199 | 199 | | 7.6 Sec. 9. Minnesota Statutes 2024, section 204D.28, subdivision 5, is amended to read: |
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200 | 200 | | 7.7 Subd. 5.Regular state primary."Regular state primary" means: |
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201 | 201 | | 7.8 (a) the state primary at which candidates are nominated for offices elected at the state |
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202 | 202 | | 7.9general election; or |
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203 | 203 | | 7.10 (b) a primary held on the second Tuesday in August of odd-numbered years date specified |
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204 | 204 | | 7.11in section 204D.03, subdivision 1. |
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205 | 205 | | 7.12 Sec. 10. Minnesota Statutes 2024, section 205.065, subdivision 1, is amended to read: |
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206 | 206 | | 7.13 Subdivision 1.Establishing primary.A municipal primary for the purpose of nominating |
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207 | 207 | | 7.14elective officers may be held in any city on the second Tuesday in August first Tuesday of |
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208 | 208 | | 7.15March of any year in which a municipal general election is to be held for the purpose of |
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209 | 209 | | 7.16electing officers, except that in a year of the presidential election, a municipal primary must |
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210 | 210 | | 7.17be held on the date of the presidential nomination primary as provided in section 207A.11. |
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211 | 211 | | 7.18The date of a municipal primary held in an odd-numbered year may be postponed for |
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212 | 212 | | 7.19inclement weather as provided in section 205.105. |
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213 | 213 | | 7.20 Sec. 11. Minnesota Statutes 2024, section 205.065, subdivision 2, is amended to read: |
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214 | 214 | | 7.21 Subd. 2.Resolution or ordinance.The governing body of a city may, by ordinance or |
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215 | 215 | | 7.22resolution adopted by April October 15 in the year prior to the year when a municipal general |
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216 | 216 | | 7.23election is held, elect to choose nominees for municipal offices by a primary as provided |
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217 | 217 | | 7.24in this section. The resolution or ordinance, when adopted, is effective for all ensuing |
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218 | 218 | | 7.25municipal elections until it is revoked. The municipal clerk shall notify the secretary of state |
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219 | 219 | | 7.26and the county auditor within 30 days after the adoption of the resolution or ordinance. |
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220 | 220 | | 7.27 Sec. 12. Minnesota Statutes 2024, section 205A.03, subdivision 1, is amended to read: |
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221 | 221 | | 7.28 Subdivision 1.Resolution requiring primary in certain circumstances.The school |
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222 | 222 | | 7.29board of a school district may, by resolution adopted by April October 15 of any year the |
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223 | 223 | | 7.30year prior to the general election year, decide to choose nominees for school board by a |
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224 | 224 | | 7.31primary as provided in this section. The resolution, when adopted, is effective for all ensuing |
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225 | 225 | | 7Sec. 12. |
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226 | 226 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 8.1elections of board members in that school district until it is revoked. If the board decides |
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227 | 227 | | 8.2to choose nominees by primary and if there are more than two candidates for a specified |
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228 | 228 | | 8.3school board position or more than twice as many school board candidates as there are |
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229 | 229 | | 8.4at-large school board positions available, the school district must hold a primary. |
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230 | 230 | | 8.5 Sec. 13. Minnesota Statutes 2024, section 205A.03, subdivision 2, is amended to read: |
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231 | 231 | | 8.6 Subd. 2.Date.The school district primary must be held on the second first Tuesday in |
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232 | 232 | | 8.7August March in the year when the school district general election is held, except that in a |
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233 | 233 | | 8.8year of the presidential election, a municipal primary must be held on the date of the |
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234 | 234 | | 8.9presidential nomination primary as provided in section 207A.11. The clerk shall give notice |
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235 | 235 | | 8.10of the primary in the manner provided in section 205A.07. The date of a school district |
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236 | 236 | | 8.11primary held in an odd-numbered year may be postponed for inclement weather as provided |
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237 | 237 | | 8.12in section 205A.055. |
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238 | 238 | | 8.13 Sec. 14. Minnesota Statutes 2024, section 205A.11, subdivision 2a, is amended to read: |
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239 | 239 | | 8.14 Subd. 2a.Notice of special elections.The school district clerk shall prepare a notice to |
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240 | 240 | | 8.15the voters who will be voting in a combined polling place for a school district special election. |
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241 | 241 | | 8.16The notice must include the following information: the date of the election, the hours of |
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242 | 242 | | 8.17voting, and the location of the voter's polling place. The notice must be sent by |
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243 | 243 | | 8.18nonforwardable mail to every affected household in the school district with at least one |
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244 | 244 | | 8.19registered voter. The notice must be mailed no later than 14 days before the election. The |
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245 | 245 | | 8.20mailed notice is not required for a school district special election that is held on the second |
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246 | 246 | | 8.21Tuesday in August date identified in section 204D.03, subdivision 1, the Tuesday following |
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247 | 247 | | 8.22the first Monday in November, or for a special election conducted entirely by mail. A notice |
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248 | 248 | | 8.23that is returned as undeliverable must be forwarded immediately to the county auditor. |
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249 | 249 | | 8.24 Sec. 15. Minnesota Statutes 2024, section 206.61, subdivision 5, is amended to read: |
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250 | 250 | | 8.25 Subd. 5.Alternation.The provisions of the election laws requiring the alternation of |
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251 | 251 | | 8.26names of candidates must be observed as far as practicable by changing the order of the |
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252 | 252 | | 8.27names on an electronic voting system in the various precincts so that each name appears on |
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253 | 253 | | 8.28the machines or marking devices used in a municipality substantially an equal number of |
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254 | 254 | | 8.29times in the first, last, and in each intermediate place in the list or group in which they |
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255 | 255 | | 8.30belong. However, the arrangement of candidates' names must be the same on all voting |
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256 | 256 | | 8.31systems used in the same precinct. If the number of names to be alternated exceeds the |
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257 | 257 | | 8.32number of precincts, the election official responsible for providing the ballots, in accordance |
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258 | 258 | | 8.33with subdivision 1, shall determine by lot the alternation of names. |
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259 | 259 | | 8Sec. 15. |
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260 | 260 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 9.1 If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot |
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261 | 261 | | 9.2card, the manner of alternation of candidate names on the paper ballot must be as prescribed |
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262 | 262 | | 9.3for optical scan ballots in this subdivision. |
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263 | 263 | | 9.4 The rules adopted by the secretary of state for the rotation of candidate names must use |
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264 | 264 | | 9.5the number of registered voters in each precinct as of 8:00 a.m. on May December 1 of prior |
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265 | 265 | | 9.6to the year when the rotation will be made as the basis for determining the rotation of names. |
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266 | 266 | | 9.7 Sec. 16. Minnesota Statutes 2024, section 206.82, subdivision 2, is amended to read: |
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267 | 267 | | 9.8 Subd. 2.Plan.The municipal clerk in a municipality where an electronic voting system |
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268 | 268 | | 9.9is used and the county auditor of a county in which an electronic voting system is used in |
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269 | 269 | | 9.10more than one municipality and the county auditor of a county in which a counting center |
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270 | 270 | | 9.11serving more than one municipality is located shall prepare a plan which indicates acquisition |
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271 | 271 | | 9.12of sufficient facilities, computer time, and professional services and which describes the |
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272 | 272 | | 9.13proposed manner of complying with section 206.80. The plan must be signed, notarized, |
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273 | 273 | | 9.14and submitted to the secretary of state more than 60 days before the first election at which |
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274 | 274 | | 9.15the municipality uses an electronic voting system. Before May December 1 of prior to each |
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275 | 275 | | 9.16subsequent general election year, the clerk or auditor shall submit to the secretary of state |
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276 | 276 | | 9.17notification of any changes to the plan on file with the secretary of state. The secretary of |
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277 | 277 | | 9.18state shall review each plan for its sufficiency and may request technical assistance from |
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278 | 278 | | 9.19the Department of Information Technology Services or other agency which may be operating |
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279 | 279 | | 9.20as the central computer authority. The secretary of state shall notify each reporting authority |
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280 | 280 | | 9.21of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The |
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281 | 281 | | 9.22attorney general, upon request of the secretary of state, may seek a district court order |
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282 | 282 | | 9.23requiring an election official to fulfill duties imposed by this subdivision or by rules |
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283 | 283 | | 9.24promulgated pursuant to this section. |
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284 | 284 | | 9.25 Sec. 17. Minnesota Statutes 2024, section 207A.12, is amended to read: |
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285 | 285 | | 9.26 207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY. |
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286 | 286 | | 9.27 (a) The presidential nomination primary must be held in conjunction with the state |
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287 | 287 | | 9.28primary election. Except as otherwise provided by law, the presidential nomination primary |
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288 | 288 | | 9.29must be conducted, and the results canvassed and returned, in the manner provided by law |
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289 | 289 | | 9.30for the state primary. All notice and publication requirements applicable to the state primary |
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290 | 290 | | 9.31apply to the presidential nomination primary in years when the presidential nomination |
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291 | 291 | | 9.32primary is conducted. |
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292 | 292 | | 9Sec. 17. |
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293 | 293 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 10.1 (b) An individual seeking voting at the state primary election that seeks to vote at the |
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294 | 294 | | 10.2presidential nomination primary must be registered to vote pursuant to section 201.054, |
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295 | 295 | | 10.3subdivision 1. The voter must request the ballot of the party for whose candidate the |
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296 | 296 | | 10.4individual wishes to vote. Notwithstanding section 204C.18, subdivision 1, the election |
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297 | 297 | | 10.5judge must record in the polling place roster the name of the political party whose ballot |
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298 | 298 | | 10.6the voter requested. When posting voter history pursuant to section 201.171, the county |
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299 | 299 | | 10.7auditor must include the name of the political party whose ballot the voter requested. The |
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300 | 300 | | 10.8political party ballot selected by a voter is private data on individuals as defined under |
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301 | 301 | | 10.9section 13.02, subdivision 12, except as provided in section 201.091, subdivision 4a. A |
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302 | 302 | | 10.10voter eligible to cast a ballot as provided in section 5B.06 must be permitted to cast a ballot |
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303 | 303 | | 10.11at the presidential nomination primary consistent with the requirements of that section. |
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304 | 304 | | 10.12 (c) Immediately after the state canvassing board declares the results of the presidential |
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305 | 305 | | 10.13nomination primary, the secretary of state must notify the chair of each party of the results. |
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306 | 306 | | 10.14 (d) The results of the presidential nomination primary must bind the election of delegates |
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307 | 307 | | 10.15in each party. |
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308 | 308 | | 10.16Sec. 18. Minnesota Statutes 2024, section 207A.13, subdivision 1, is amended to read: |
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309 | 309 | | 10.17 Subdivision 1.Form.(a) Except as provided by law, presidential nomination primary |
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310 | 310 | | 10.18ballots shall be printed in the same manner as state primary ballots as far as practicable. A |
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311 | 311 | | 10.19sufficient number of each ballot shall be printed for each precinct and ward in the state. |
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312 | 312 | | 10.20 (b) There must be separate ballots for the names of the candidates of each participating |
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313 | 313 | | 10.21political party. Each ballot must be headed by the words "Presidential Nomination Primary |
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314 | 314 | | 10.22Ballot." The heading must also indicate the party that appears on the ballot. The presidential |
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315 | 315 | | 10.23nomination primary ballot must be included first on the state primary ballot as provided in |
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316 | 316 | | 10.24section 204D.08. |
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317 | 317 | | 10.25 (c) If requested by a party chair, the ballot for that participating party must contain a |
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318 | 318 | | 10.26place for a voter to indicate a preference for having delegates to the party's national |
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319 | 319 | | 10.27convention remain uncommitted. If requested by a party chair, the ballot for that participating |
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320 | 320 | | 10.28party must contain a blank line printed below the other choices on the ballot so that a voter |
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321 | 321 | | 10.29may write in the name of a person who is not listed on the ballot. A request under this |
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322 | 322 | | 10.30paragraph must be submitted to the secretary of state no later than 63 days before the |
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323 | 323 | | 10.31presidential nomination primary. |
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324 | 324 | | 10Sec. 18. |
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325 | 325 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 11.1 Sec. 19. REPEALER. |
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326 | 326 | | 11.2 Minnesota Statutes 2024, sections 207A.14; and 207A.15, are repealed. |
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327 | 327 | | 11.3 Sec. 20. EFFECTIVE DATE. |
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328 | 328 | | 11.4 This act is effective December 1, 2025, and applies to primary elections held on or after |
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329 | 329 | | 11.5that date. |
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330 | 330 | | 11Sec. 20. |
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331 | 331 | | 25-00007 as introduced12/30/24 REVISOR JFK/BM 207A.14 NOTICE OF PRESIDENTIAL NOMINATION PRIMARY; EXAMPLE |
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332 | 332 | | BALLOTS. |
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333 | 333 | | Subdivision 1.Notice of primary to counties and municipalities.Twenty weeks before a |
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334 | 334 | | presidential nomination primary is to be held, the secretary of state shall provide notice to the county |
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335 | 335 | | auditor of each county of the date of the presidential nomination primary. Within ten days after |
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336 | 336 | | notification by the secretary of state, each county auditor shall provide notice of the date of the |
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337 | 337 | | presidential nomination primary to each municipal clerk in the county. |
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338 | 338 | | Subd. 2.Example ballots.No later than 70 days before the presidential nomination primary, |
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339 | 339 | | the secretary of state must supply each county auditor with example ballots to be used at the |
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340 | 340 | | presidential nomination primary. The example ballots must illustrate the format required for the |
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341 | 341 | | ballots used in the presidential nomination primary. |
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342 | 342 | | Subd. 3.Notice of primary to public.At least 15 days before the date of the presidential |
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343 | 343 | | nomination primary, each municipal clerk shall post a public notice stating the date of the presidential |
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344 | 344 | | nomination primary, the location of each polling place in the municipality, the hours during which |
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345 | 345 | | the polling places in the municipality will be open, and information about the requirements of |
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346 | 346 | | section 207A.12, paragraph (b). The county auditor shall post a similar notice in the auditor's office |
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347 | 347 | | with information for any polling places in unorganized territory in the county. The governing body |
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348 | 348 | | of a municipality or county may publish the notice in addition to posting it. Failure to give notice |
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349 | 349 | | does not invalidate the election. |
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350 | 350 | | 207A.15 PRESIDENTIAL NOMINATION PRIMARY ELECTION EXPENSES; LOCAL |
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351 | 351 | | REIMBURSEMENT . |
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352 | 352 | | Subdivision 1.Presidential nomination primary elections account; special revenue fund.(a) |
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353 | 353 | | A presidential nomination primary elections account is created in the special revenue fund. |
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354 | 354 | | (b) No later than September 1 of the year preceding a presidential election year, the secretary |
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355 | 355 | | of state shall certify to the commissioner of management and budget the estimated state and local |
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356 | 356 | | cost of administering the presidential nomination primary election. The secretary of state may make |
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357 | 357 | | supplemental certifications to the commissioner of management and budget if new information |
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358 | 358 | | indicates that the actual costs of conducting the election will exceed the secretary's initial estimate. |
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359 | 359 | | (c) Within 15 days of a certification under paragraph (b), the commissioner of management and |
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360 | 360 | | budget must transfer an amount equal to the certification from the general fund to the presidential |
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361 | 361 | | nomination primary elections account. The funds in the presidential nomination primary elections |
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362 | 362 | | account are appropriated to the secretary of state for: |
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363 | 363 | | (1) state costs associated with administering the presidential nomination primary election; and |
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364 | 364 | | (2) making the reimbursements required by subdivision 2. |
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365 | 365 | | The commissioner of management and budget must transfer back to the general fund any funds |
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366 | 366 | | remaining in the presidential nomination primary elections account 120 days after the results of a |
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367 | 367 | | presidential nomination primary election have been certified by the State Canvassing Board. |
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368 | 368 | | Subd. 2.Reimbursable local expenses.(a) The secretary of state must reimburse the counties |
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369 | 369 | | and municipalities for expenses incurred in the administration of the presidential nomination primary |
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370 | 370 | | from money contained in the presidential nomination primary elections account. The following |
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371 | 371 | | expenses are eligible for reimbursement: preparation and printing of ballots; postage for absentee |
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372 | 372 | | ballots; publication of notice to voters pursuant to section 204D.16; preparation of polling places |
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373 | 373 | | in an amount not to exceed $150 per polling place; preparation of electronic voting systems in an |
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374 | 374 | | amount not to exceed $100 per precinct; compensation for temporary staff or overtime payments; |
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375 | 375 | | salaries of election judges; compensation of county canvassing board members; and other expenses |
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376 | 376 | | as approved by the secretary of state. |
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377 | 377 | | (b) Within 60 days after the results of a presidential nomination primary are certified by the |
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378 | 378 | | State Canvassing Board, the county auditor must submit a request for payment of the costs incurred |
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379 | 379 | | by the county for conducting the presidential nomination primary, and the municipal clerk must |
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380 | 380 | | submit a request for payment of the costs incurred by the municipality for conducting the presidential |
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381 | 381 | | nomination primary. The request for payment must be submitted to the secretary of state, and must |
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382 | 382 | | be accompanied by an itemized description of actual county or municipal expenditures, including |
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383 | 383 | | copies of invoices. In addition, the county auditor or municipal clerk must certify that the request |
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384 | 384 | | for reimbursement is based on actual costs incurred by the county or municipality in the presidential |
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385 | 385 | | nomination primary. |
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386 | 386 | | 1R |
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387 | 387 | | APPENDIX |
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388 | 388 | | Repealed Minnesota Statutes: 25-00007 (c) The secretary of state must provide each county and municipality with the appropriate forms |
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389 | 389 | | for requesting payment and certifying expenses under this subdivision. The secretary of state must |
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390 | 390 | | not reimburse expenses unless the request for payment and certification of costs has been submitted |
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391 | 391 | | as provided in this subdivision. The secretary of state must complete the issuance of reimbursements |
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392 | 392 | | to the counties and municipalities no later than 90 days after the results of the presidential nomination |
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393 | 393 | | primary have been certified by the State Canvassing Board. |
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394 | 394 | | 2R |
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395 | 395 | | APPENDIX |
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396 | 396 | | Repealed Minnesota Statutes: 25-00007 |
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