HF 3276

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/13/2024 11:23pm

A bill for an act
relating to elections; providing for ranked choice voting; authorizing jurisdictions
to adopt ranked choice voting for local offices; establishing procedures for adoption,
implementation, and use of ranked choice voting for local jurisdictions; allowing
local jurisdictions to use electronic voting systems with a reallocation feature;
authorizing rulemaking; appropriating money; amending Minnesota Statutes 2022,
sections 204B.35, subdivision 1; 204C.21, by adding a subdivision; 204D.07,
subdivision 3; 205.13, subdivision 2; 206.57, by adding a subdivision; Minnesota
Statutes 2023 Supplement, section 206.83; proposing coding for new law in
Minnesota Statutes, chapter 206; proposing coding for new law as Minnesota
Statutes, chapter 204E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 204B.35, subdivision 1, is amended to read:

Subdivision 1.

Application.

All ballots for every election shall be prepared in accordance
with sections 204B.35 to 204B.44 and chapter chapters 204D and 204E, except for voting
machine ballots or as otherwise provided by law.

Sec. 2.

Minnesota Statutes 2022, section 204C.21, is amended by adding a subdivision to
read:

Subd. 4.

Ranked choice voting election.

Notwithstanding the requirements of this
section, the votes cast in a ranked choice voting election must be counted according to the
procedures established in chapter 204E.

Sec. 3.

Minnesota Statutes 2022, section 204D.07, subdivision 3, is amended to read:

Subd. 3.

Exception; certain nonpartisan candidate.

If not more than twice the number
of individuals to be elected to a nonpartisan office file for the nomination, their names and
the name of the office shall be omitted from the state and county nonpartisan primary ballot
and the candidates who filed shall be the nominees. For candidates in a nonpartisan ranked
choice voting election, candidates shall be omitted from the state and county primary ballot.

Sec. 4.

[204E.01] APPLICABILITY; AUTHORIZED LOCAL ADOPTION ONLY.

This chapter applies to all elections conducted using ranked choice voting as authorized
by section 204E.03. Except as otherwise provided by this chapter, Minnesota election law
applies to elections conducted using ranked choice voting.

Sec. 5.

[204E.02] DEFINITIONS.

Subdivision 1.

Application.

For the purposes of this chapter, the terms defined in this
section have the meanings given them.

Subd. 2.

Active candidate.

"Active candidate" means any candidate who has not been
defeated or elected and is not a withdrawn candidate.

Subd. 3.

Batch elimination.

"Batch elimination" means a simultaneous defeat of multiple
continuing candidates that have no mathematical chance of being elected.

Subd. 4.

Cast vote record.

"Cast vote record" means the tabulatable record of all
aggregated votes produced by a single voter in one voting session. For ballots on which
voters have indicated a write-in choice, the finalized cast vote record indicates whether the
write-in choice was cast for one of the declared write-in candidates, and if so, which one.

Subd. 5.

Duplicate ranking.

"Duplicate ranking" means a voter has ranked the same
candidate at multiple rankings for the office being counted.

Subd. 6.

Hand count election.

"Hand count election" means an election in which all
tabulation of ballots is done by hand, regardless of whether the ballots are cast in a polling
place or as absentee or mail ballots.

Subd. 7.

Highest continuing ranking.

"Highest continuing ranking" means the ranking
on a voter's ballot with the lowest numerical value for a continuing candidate.

Subd. 8.

Inactive ballot.

"Inactive ballot" means a ballot that does not count for any
candidate in a given round of tabulation as provided in section 204E.06 or 204E.07.

Subd. 9.

Mathematically impossible to be elected.

"Mathematically impossible to be
elected" means:

(1) the candidate cannot be elected because the candidate's surplus votes and current
vote total plus the surplus votes and votes of all other candidates in the current round with
fewer votes or an equal number of votes would not be enough to surpass the candidate with
the next higher current vote total; or

(2) the candidate has a lower current vote total than a candidate who is described by
clause (1).

Subd. 10.

Maximum possible threshold.

"Maximum possible threshold" means the
number of votes sufficient for a candidate to be elected under a first ranked choice tabulation
under sections 204E.06 and 204E.07. Maximum possible threshold equals:

(1) the sum of the total ballots cast that include votes, undervotes, skipped rankings, and
overvotes for the office; divided by

(2) the sum of one plus the number of offices to be filled; then

(3) adding one to the result; and

(4) with any fractions disregarded.

Subd. 11.

Multiple-seat election.

"Multiple-seat election" means an election in which
two or more seats in an office are to be filled from a single set of candidates on the ballot.

Subd. 12.

Overvote.

"Overvote" means a voter has ranked more than one candidate at
the same ranking.

Subd. 13.

Partially defective ballot.

"Partially defective ballot" means a ballot that is
defective to the extent that the election judges are unable to determine the voter's intent with
respect to the office being counted.

Subd. 14.

Ranked choice voting.

"Ranked choice voting" means an election method in
which voters rank candidates for an office in order of their preference, with each vote
counting for the highest-ranked continuing candidate on each ballot until that candidate has
been elected or defeated as provided in this chapter.

Subd. 15.

Ranked choice voting local election official.

"Ranked choice voting local
election official" means the county auditor, school district clerk, or municipal clerk
responsible for duties related to election administration in the applicable jurisdiction. Where
more than one ranked choice voting election jurisdiction is involved, the ranked choice
voting local election official is presumed to be the county auditor if the county has adopted
ranked choice voting. If an overlapping city and school district adopt ranked choice voting,
the municipal clerk is presumed to be the ranked choice voting election official. Nothing
in this subdivision prohibits overlapping jurisdictions from agreeing to an alternative ranked
choice voting election official.

Subd. 16.

Ranked choice voting tabulation center.

"Ranked choice voting tabulation
center" means the location where ballots are processed automatically or by hand and are
tabulated.

Subd. 17.

Ranking.

"Ranking" means the number assigned by a voter to a candidate to
express the voter's preference for that candidate. Ranking number one is the highest ranking.
A ranking of lower numerical value indicates a greater preference for a candidate than a
ranking of higher numerical value.

Subd. 18.

Repeat candidate ranking.

"Repeat candidate ranking" means a voter ranks
the same candidate at multiple rankings for the office being counted.

Subd. 19.

Round.

"Round" means an instance of the sequence of voting tabulation steps
established in section 204E.06 or 204E.07.

Subd. 20.

Single-seat election.

Single-seat election means an election in which one seat
in an office is to be filled from a single set of candidates on the ballot.

Subd. 21.

Skipped ranking.

"Skipped ranking" means a voter has left a ranking blank
and ranks a candidate at a subsequent ranking.

Subd. 22.

Surplus.

"Surplus" means the total number of votes cast for an elected
candidate in excess of the threshold.

Subd. 23.

Surplus fraction of a vote.

"Surplus fraction of a vote" means the proportion
of each vote to be transferred when a surplus is transferred. The surplus fraction is calculated
by dividing the surplus by the total votes cast for the elected candidate, calculated to four
decimal places, ignoring any remainder.

Subd. 24.

Threshold.

"Threshold" means the number of votes sufficient for a candidate
to be elected. In any given single-seat election, the threshold equals: the total votes counted,
during that tabulation round, excluding inactive ballots; divided by two; then adding one;
and disregarding any fractions. In any given multiple-seat election, the threshold equals:
the total votes counted in the first round after removing defective ballots; divided by the
sum of one plus the number of offices to be filled; adding one to the result; and disregarding
any fractions.

Subd. 25.

Totally defective ballot.

"Totally defective ballot" means a ballot that is
defective to the extent that election judges are unable to determine the voter's intent for any
office on the ballot.

Subd. 26.

Transfer value.

"Transfer value" means the fraction of a vote that a transferred
ballot will contribute to the next ranked continuing candidate on that ballot. The transfer
value of a vote cast for an elected candidate is calculated by multiplying the surplus fraction
of each vote by its current value, calculated to four decimal places, ignoring any remainder.
The transfer value of a vote cast for a defeated candidate is the same as its current value.

Subd. 27.

Transferable vote.

"Transferable vote" means a vote or a fraction of a vote
for a candidate who has been either elected or defeated.

Subd. 28.

Undeclared candidate.

"Undeclared candidate" means a candidate who does
not file a request within the time required by section 204E.05, subdivision 4, for the
candidate's write-in votes to be counted and whose name does not otherwise appear on the
ballot.

Subd. 29.

Undervote.

"Undervote" means a voter did not rank any candidates for an
office.

Sec. 6.

[204E.03] AUTHORIZATION FOR LOCAL ADOPTION.

(a) After January 1, 2025, or the adoption of administrative rules governing ranked
choice voting by the secretary of state, whichever is later, the following political subdivisions
may adopt, in the manner provided in this section, ranked choice voting as a method of
voting for local offices within the political subdivision:

(1) home rule charter or statutory cities;

(2) school districts; and

(3) counties.

(b) A jurisdiction, whether governed by statute or charter, that adopts ranked choice
voting may only do so by a ballot question presented to the voters. The ranked choice voting
method may be repealed by the same method used for adoption.

(c) Before adopting the use of ranked choice voting for an election held in conjunction
with a statewide election, a jurisdiction must enter into a conditional agreement with the
county or counties responsible for administering the jurisdiction's election.

(d) If a home rule charter or statutory city adopts ranked choice voting without an
agreement with the county or counties, the election conducted by ranked choice voting must
not be held in conjunction with a statewide election and the jurisdiction must administer its
own election.

(e) Before a school district can adopt the use of ranked choice voting for an election not
held in conjunction with a statewide election, the district must first enter into a conditional
agreement with the city or cities within the district's boundaries responsible for administering
any elections conducted not in conjunction with a statewide election.

(f) A home rule charter jurisdiction that adopts a ranked choice voting system in its
charter may adopt this chapter by reference in an ordinance but is not required to do so.

(g) Ranked choice voting must only be used to elect local offices at a general or special
election.

(h) A jurisdiction that adopts the use of ranked choice voting in local elections must do
so no later than 20 weeks before the state primary or 90 days before the first day for filing
affidavits of candidacy for the office for which ranked choice voting is to be used as the
method of election if the election is not held in conjunction with a state primary or state
general election.

(i) Repeal of ranked choice voting must be no later than 90 days before the first day for
filing affidavits of candidacy for offices for which ranked choice voting is used as the method
of election.

(j) The ranked choice voting local election official must notify the secretary of state and,
if applicable, the county auditor within four weeks following adoption or repeal of ranked
choice voting.

Sec. 7.

[204E.04] BALLOTS IN LOCAL RANKED CHOICE VOTING ELECTIONS.

Subdivision 1.

Ballot format.

(a) If there are three or more qualified candidates, a ballot
must allow a voter to rank three candidates for each office in order of preference and must
also allow the voter to add write-in candidates.

(b) A ballot must:

(1) include instructions to voters that clearly indicate how to mark the ballot;

(2) include instructions to voters that clearly indicate how to rank candidates in order
of the voter's preference; and

(3) indicate the number of seats to be elected for each office.

Subd. 2.

Mixed-election method ballots.

If elections are held in which ranked choice
voting is used in addition to other methods of voting, the ranked choice voting and nonranked
choice voting elections must be on the same ballot card if possible, with ranked choice
voting and nonranked choice voting portions clearly separated. A jurisdiction may not
deviate from the standard ballot order of federal offices, state offices, or state constitutional
amendments, but may deviate from the standard ballot order for other offices to allow
separation of ranked choice voting and nonranked choice voting elections.

Subd. 3.

Ballot format rules.

The secretary of state must adopt rules regarding ranked
choice voting ballot format, consistent with this section. Notwithstanding section 204B.36,
the rules adopted under this subdivision may provide a standard for ballot format that differs
from the standards required by that section.

Sec. 8.

[204E.05] LOCAL RANKED CHOICE VOTING TABULATION CENTER.

Subdivision 1.

Tabulation of votes; generally.

The ranked choice voting local election
official must designate one location to serve as the ranked choice voting tabulation center.
If the tabulation includes a manual count of physical ballots, the center must be accessible
to the public for the purpose of observing the vote tabulation. Tabulation of votes must be
conducted as described in sections 204E.06 and 204E.07.

Subd. 2.

Precinct tabulation.

In an election where ranked choice voting is used, the
county auditor, municipal clerk, or school district clerk shall deliver one set of summary
statements; all spoiled ballots; and the envelopes containing the ballots to the ranked choice
voting tabulation center as soon as possible after the vote counting is completed and the
election judges have returned materials pursuant to section 204C.27.

Subd. 3.

Notice of recess in count.

At any time following receipt of materials under
subdivision 2, the ranked choice voting local election official may declare a recess. Notice
of the recess must include the date, time, and location at which the process of recording and
tabulating votes will resume and the reason for the recess. Notice must be posted on the
local jurisdiction's official bulletin board and on the door of the ranked choice voting
tabulation center. During any recess, all electronic voting data and ballots must be secured.

Subd. 4.

Recording write-in votes.

(a) At a time set by the ranked choice voting local
election official, the judges and any other election officials designated by the ranked choice
voting local election official shall convene at the ranked choice voting tabulation center to
examine ballots on which voters have indicated a write-in choice and record the names and
number of votes received by each write-in candidate who submits a request as required by
this subdivision. The number of votes received by write-in candidates who did not file a
request as provided in this subdivision must be recorded as a group by office.

(b) Notwithstanding section 204B.09, subdivision 3, a candidate for a city or school
district office whose election is governed by this chapter and who wants write-in votes for
the candidate to be counted must file a written request with the filing officer not more than
seven days before the election. The filing officer shall provide copies of the form to make
the request. The filing officer shall not accept a written request later than 5:00 p.m. on the
last day for filing a written request.

Subd. 5.

Ranked choice vote tabulation.

After all votes have been recorded, and at a
time set by the ranked choice voting local election official, the process of tabulating votes
cast for offices to be elected using the ranked choice method must begin. The counting must
continue until preliminary results for all races are determined, subject to subdivision 3.

Sec. 9.

[204E.06] TABULATION OF VOTES; SINGLE-SEAT LOCAL RANKED
CHOICE VOTING ELECTIONS.

(a) This section applies to a ranked choice voting election in which one seat in an office
is to be filled from a single set of candidates on the ballot. The method of tabulating ranked
choice votes for single-seat elections as described in this section must be known as the
"single-seat single transferable vote" method of tabulation.

(b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
as described in paragraph (c). A first ranked choice tabulation will consist of a first round
only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
votes marked number one. The maximum possible threshold must be determined. If the
vote total for a candidate, other than an undeclared or a declared write-in candidate, is equal
to or greater than the maximum possible threshold, that candidate is declared elected and
the tabulation is complete. If the vote total for no candidate, other than an undeclared or a
declared write-in candidate, is equal to or greater than the maximum possible threshold,
additional rounds must be performed as provided in paragraph (c).

(c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
rounds for each office to be counted. The threshold must be calculated. The sum of all
ranked choice votes for every candidate must be calculated. Each round must proceed
sequentially as follows:

(1) the number of votes cast for each candidate, as indicated by the highest continuing
ranking on each ballot, must be counted. If a candidate, other than an undeclared write-in
candidate, has a vote total that is equal to or greater than the threshold, that candidate is
declared elected and the tabulation is complete. If no candidate, other than an undeclared
write-in candidate, has a vote total that is equal to or greater than the threshold, a new round
begins and the tabulation must continue as described in clause (2);

(2) at the beginning of the second round only, all undeclared candidates must be defeated
and all candidates for whom it is mathematically impossible to be elected may be defeated
simultaneously. For third and subsequent rounds, the candidate with the fewest votes must
be defeated and all candidates for whom it is mathematically impossible to be elected may
be defeated simultaneously. Votes for the defeated candidates must be transferred to each
ballot's next-ranked continuing candidate, except votes for candidates defeated in the final
round are not transferred if, by their defeat, the number of continuing candidates is reduced
to one. If no candidate can be defeated under this clause, the tabulation must continue as
described in clause (3). Otherwise, the tabulation must continue as described in clause (4);

(3) the candidate with the fewest votes is defeated. Votes for the defeated candidate
must be transferred to each ballot's next-ranked continuing candidate, except votes for
candidates defeated in the final round are not transferred if, by their defeat, the number of
continuing candidates is reduced to one. Ties between candidates with the fewest votes must
be resolved by lot by the ranked choice voting local election official. The candidate chosen
by lot must be defeated. The result of the tie resolution must be recorded and reused in the
event of a recount;

(4) the procedures in clauses (1) to (3) must be repeated until one candidate reaches the
threshold. When only one continuing candidate remains, that continuing candidate must be
elected; and

(5) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
no further continuing candidates are ranked on that ballot, or because the only votes for
further continuing candidates that are ranked on that ballot are either overvotes or repeat
candidate rankings, the ballot shall not count toward any candidate in that round or in
subsequent rounds for the office being counted.

Sec. 10.

[204E.07] TABULATION OF VOTES; MULTIPLE-SEAT LOCAL RANKED
CHOICE VOTING ELECTIONS.

(a) This section applies to a ranked choice voting election in which two or more seats
in office are to be filled from a single set of candidates on the ballot. The method of tabulating
ranked choice votes for multiple-seat elections as described in this section must be known
as the "multiple-seat single transferable vote" method of tabulation.

(b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
as described in paragraph (c). A first ranked choice tabulation will consist of a first round
only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
votes marked number one. The maximum possible threshold must be determined. If the
number of candidates, other than any undeclared or declared write-in candidate, whose vote
total is equal to or greater than the maximum possible threshold is equal to the number of
seats to be filled, those candidates are declared elected and the tabulation is complete. If
the number of candidates, other than any undeclared or declared write-in candidate, whose
vote total is equal to or greater than the maximum possible threshold is less than the number
of seats to be filled, additional rounds must be performed as provided in paragraph (c).

(c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
rounds for each office to be counted. The threshold must be calculated. The sum of all
ranked choice votes for every candidate must be calculated. Each round must proceed
sequentially as follows:

(1) the number of votes cast for each candidate for the current round must be counted.
If the number of candidates, other than any undeclared write-in candidate, whose vote total
is equal to or greater than the threshold is equal to the number of seats to be filled, those
candidates who are continuing candidates are elected and the tabulation is complete. If the
number of candidates, other than any undeclared write-in candidate, whose vote total is
equal to or greater than the threshold is not equal to the number of seats to be filled, a new
round begins and the tabulation must continue as described in clause (2);

(2) surplus votes for any candidates whose vote total is equal to or greater than the
threshold must be calculated;

(3) the candidate with the largest surplus is declared elected and that candidate's surplus
is transferred. A tie between two or more candidates must be resolved by lot by the ranked
choice voting local election official. The surplus of the candidate chosen by lot must be
transferred before other transfers are made. The result of the tie resolution must be recorded
and reused in the event of a recount. The transfer value of each vote cast for an elected
candidate must be transferred to the next continuing candidate on that ballot. If no candidate
has a surplus, the tabulation must continue as described in clause (4). Otherwise, the
tabulation must continue as described in clause (1);

(4) if there are no transferable surplus votes, the candidate with the fewest votes is
defeated. Votes for a defeated candidate are transferred at their transfer value to each ballot's
next-ranked continuing candidate, except votes for candidates defeated in the final round
are not transferred if, by their defeat, the number of continuing candidates is reduced to the
number of seats yet to be filled. Ties between candidates with the fewest votes must be
resolved by lot by the ranked choice voting local election official, and the candidate chosen
by lot must be defeated. The result of the tie resolution must be recorded and reused in the
event of a recount;

(5) the procedures in clauses (1) to (4) must be repeated until the number of candidates
whose vote total is equal to or greater than the threshold is equal to the number of seats to
be filled, or until the number of continuing candidates is equal to the number of seats yet
to be filled. If the number of continuing candidates is equal to the number of seats yet to be
filled, any remaining continuing candidates must be declared elected; and

(6) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
no further continuing candidates are ranked on that ballot, or because the only votes for
further continuing candidates that are ranked on that ballot are either overvotes or repeat
candidate rankings, the ballot shall not count toward any candidate in that round or in
subsequent rounds for the office being counted.

Sec. 11.

[204E.08] LOCAL RANKED CHOICE VOTING ELECTIONS;
REPORTING RESULTS.

(a) In addition to the requirements of section 204C.24, each precinct must print an
additional precinct summary statement, which must include the number of first choices cast
for each candidate in that precinct.

(b) The ranked choice voting local election official must provide a tabulation summary
statement of each contest with the following information:

(1) total votes cast;

(2) number of undervotes;

(3) number of totally defective and spoiled ballots;

(4) threshold calculation;

(5) total first choice rankings for all candidates;

(6) round-by-round tabulation results, including simultaneous batch eliminations, surplus
transfers if applicable, and defeated candidate transfers; and

(7) inactive ballots at each round.

(c) In jurisdictions where ballots are scanned and recorded electronically, the ranked
choice voting local election official must provide an electronically available spreadsheet of
the cast vote record, consistent with the requirements of section 206.845.

(d) The jurisdiction must canvass the election returns pursuant to applicable state statutes
for the election being held, and the canvassing board report must include the information
required in the ranked choice voting tabulation center summary statement, with the addition
of the number of persons registered to vote before election day by precinct, the number of
persons registered on election day by precinct, and the number of accepted regular, military,
and overseas absentee ballots and mail ballots. If the election is held in conjunction with a
state general election, the canvass report must also include the number of federal office only
absentee ballots and, if applicable, the number of presidential absentee ballots.

Sec. 12.

[204E.09] LOCAL RANKED CHOICE ELECTION RECOUNTS.

(a) A candidate defeated in the final round of tabulation may request a recount as provided
in section 204C.361, to the extent applicable. For the purpose of ranked choice voting
recounts, the recount official and filing officer is the ranked choice voting local election
official.

(b) A candidate defeated in the final round of tabulation when the vote difference is
greater than that provided in section 204C.36 may request a recount at the candidate's own
expense. A candidate defeated in an earlier round of tabulation may request a recount at the
candidate's own expense. The candidate is responsible for all expenses associated with the
recount, regardless of the vote difference between the candidates in the round in which the
requesting candidate was defeated. The requesting candidate shall file with the filing officer
a bond, cash, or surety in an amount set by the filing officer for the payment of the recount
expenses. Expenses must be determined as provided in section 204C.36, subdivision 4.

(c) The secretary of state must adopt rules governing recounts conducted under this
section.

(d) At the discretion of the recount official, in the case of a recount under paragraph (a)
or (b) or by the requesting candidates, a recount may commence with the earliest tabulation
round in which any requesting candidate was defeated or any prior round. All other candidates
who, in the initial tabulation, were defeated prior to the round in which the recount starts
may be presumed to have been correctly defeated.

Sec. 13.

[204E.10] LOCAL RANKED CHOICE ELECTIONS; POSTELECTION
REVIEW.

Subdivision 1.

Selection of test date; notice.

At the canvass, the ranked choice voting
local election official must select by lot the offices and precincts to be reviewed and set the
date, time, and place for the postelection review, in accordance with section 206.89.
Postelection review is not required for a hand count election.

Subd. 2.

Scope and conduct of test.

The postelection review must be conducted in
public and must review a sample of ballots cast for at least one single-seat ranked-choice
voting election and at least one multiple-seat election, if such an election occurred.

Subd. 3.

Review.

(a) For each office to be reviewed, the number of precincts selected
for review shall be determined as follows. If the office was voted on in fewer than five
precincts, one precinct shall be selected. If the office was voted on in at least five precincts
and fewer than 50 precincts, two precincts shall be selected. If the office was voted on in
at least 50 precincts and fewer than 100 precincts, three precincts shall be selected. If the
office was voted on in at least 100 precincts, four precincts or three percent of the total
number of precincts in the election shall be selected, whichever is greater.

(b) For each office voted on in a county election, the ranked choice voting local election
official may select precincts as specified in paragraph (a) or use the precincts selected in
accordance with section 206.89.

(c) Using the actual ballots cast in each precinct selected, the judges of the election shall
conduct a hand-count tabulation of how many ballots contain each combination of candidates
across the rankings. All undeclared write-in candidates shall be considered as a group in
this hand count, and blank or overvoted rankings shall be included as such in the tabulated
combinations.

Subd. 4.

Standard of acceptable performance by voting system.

A comparison of the
results compiled by the voting system with the cast vote records compiled by the judges of
the election performing the hand count must show that the results of the electronic voting
system differed by no more than the applicable threshold provided in section 206.89,
subdivision 4, from the hand count of the sample tested. Valid votes that have been marked
by the voter outside the vote targets or using a manual marking device that cannot be read
by the voting system must not be included in making the determination whether the voting
system has met the standard of acceptable performance.

Subd. 5.

Additional review if needed.

An additional review is required if:

(1) a test reveals a difference greater than the threshold provided in section 206.89,
subdivision 4, in at least one precinct of an office, the ranked choice voting local election
official must immediately, publicly select by lot two additional precincts of the same office
for review. The additional precinct review must be completed within two days after the
precincts are selected and the results immediately reported to the county auditor; and

(2) the additional precinct review indicates a difference in the vote totals that is greater
than the applicable threshold, as provided by section 206.89, subdivision 4, in at least one
additional precinct of an office, the ranked choice voting local election official must conduct
a review of the ballots from all the remaining precincts in the office being reviewed.

This review must be completed no later than two weeks after the canvass.

Subd. 6.

Report of results.

Upon completion of the postelection review, the ranked
choice voting local election official must immediately report the results to the county auditor
and make the results available to the public.

Subd. 7.

Update of vote totals.

If the postelection review under this section results in
a change in the number of votes counted for any candidate, the revised vote totals must be
incorporated in the official result from those precincts.

Subd. 8.

Effect on voting systems.

If a voting system is found to have failed to record
votes accurately and in the manner provided by this chapter, the voting system must not be
used at another election until it has been approved for use by the county auditor, pursuant
to section 206.58. In addition, the county auditor may order the city to conduct a hand
recount of all ballots cast in the election.

Sec. 14.

[204E.11] RULES; LOCAL OPTION RANKED CHOICE VOTING.

The secretary of state must adopt rules necessary to implement the requirements and
procedures established by this chapter.

Sec. 15.

Minnesota Statutes 2022, section 205.13, subdivision 2, is amended to read:

Subd. 2.

Notice of filing dates.

At least two weeks before the first day to file affidavits
of candidacy, the municipal clerk shall publish a notice stating the first and last dates on
which affidavits of candidacy may be filed in the clerk's office and the closing time for
filing on the last day for filing. The clerk shall post a similar notice at least ten days before
the first day to file affidavits of candidacy. If ranked choice voting pursuant to chapter 204E
is to be used, the notice must indicate the method of election to be used for the offices on
the ballot. The notice must separately list any office for which affidavits of candidacy may
be filed to fill the unexpired portion of a term when a special election is being held to fill a
vacancy as provided in section 412.02, subdivision 2a.

Sec. 16.

Minnesota Statutes 2022, section 206.57, is amended by adding a subdivision to
read:

Subd. 6a.

Required certification for ranked choice voting.

In addition to the
requirements of this section, a voting system used to administer ranked choice voting under
chapter 204E must provide a test lab report from a voting system test lab accredited by the
Election Assistance Commission or other appropriate federal agency responsible for testing
and certification of compliance with the federal voting systems guidelines at the time of
submission of the application required by subdivision 1. The test lab report must show that
the system is in conformity with voluntary voting system guidelines issued by the Election
Assistance Commission or other appropriate federal agency.

Sec. 17.

[206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.

A voting system purchased for use in Minnesota to administer ranked choice voting on
or after the effective date of this section must have the ability to:

(1) capture, store, and publicly report ballot data;

(2) to the extent practicable, produce a single human-readable file for each contest on
the ballot containing all cast vote records captured for that contest;

(3) keep data anonymous;

(4) accept ranked or cumulative voting data under a variety of tabulation rules;

(5) be programmable to follow all other specifications of the ranked choice voting system
or be compatible with automatic tabulating equipment or a software reallocation feature;

(6) provide a minimum of three rankings for ranked choice voting elections;

(7) to the extent practicable, notify voters of the following errors: overvotes, skipped
rankings, and duplicate rankings in a ranked choice voting election; and

(8) be programmable to print a zero tape indicating all rankings for all candidates in a
ranked choice voting election.

EFFECTIVE DATE.

This section is effective upon certification by the secretary of
state that equipment meeting the standards required by this section is available for purchase
and implementation.

Sec. 18.

Minnesota Statutes 2023 Supplement, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

(a) At least three days before voting equipment is used, the official in charge of elections
shall have the voting system tested to ascertain that the system will correctly mark ballots
using all methods supported by the system, including ranked choice voting if applicable,
and through assistive technology, and count the votes cast for all candidates and on all
questions. Public notice of the time and place of the test must be given at least two days in
advance by publication once in official newspapers. The test must be observed by at least
two election judges, who are not of the same major political party, and must be open to
representatives of the political parties, candidates, the press, and the public. The test must
be conducted by (1) processing a preaudited group of ballots punched or marked to record
a predetermined number of valid votes for each candidate and on each question, and must
include for each office one or more ballot cards which have votes in excess of the number
allowed by law in order to test the ability of the voting system tabulator and electronic ballot
marker to reject those votes; and (2) processing an additional test deck of ballots marked
using the electronic ballot marker for the precinct, including ballots marked using the
electronic ballot display, audio ballot reader, and any assistive voting technology used with
the electronic ballot marker. If an election is to be conducted using ranked choice voting,
the equipment must also be tested to ensure that each ranking for each candidate is recorded
properly.

(b) If any error is detected, the cause must be ascertained and corrected and an errorless
count must be made before the voting system may be used in the election.

(c) After the completion of the test, the programs used and ballot cards must be sealed,
retained, and disposed of as provided for paper ballots.

Sec. 19. APPROPRIATION.

$209,000 in fiscal year 2025 is appropriated from the general fund to the secretary of
state for costs associated with implementation of this act. The base for this appropriation is
$75,000 in fiscal year 2026 and each fiscal year thereafter.