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HF 1140

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 03:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/31/2023
1st Engrossment Posted on 03/13/2023

Current Version - 1st Engrossment

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A bill for an act
relating to elections; making technical and policy changes to provisions related to
elections administration; amending Minnesota Statutes 2022, sections 5B.06;
201.061, subdivisions 1, 3; 201.071, subdivisions 1, as amended, 8; 201.091,
subdivisions 2, 4a; 201.12, subdivision 2; 201.121, subdivision 1; 201.13,
subdivision 3; 201.1611, subdivision 1; 201.195; 201.225, subdivision 2; 202A.16,
subdivision 1; 202A.18, subdivision 2a; 203B.01, by adding a subdivision; 203B.02,
by adding a subdivision; 203B.08, subdivisions 1, 3; 203B.081, subdivisions 1, 2,
3; 203B.11, subdivisions 1, 2, 4; 203B.12, subdivision 7; 203B.121, subdivisions
2, 3, 4; 203B.16, subdivision 2; 204B.06, subdivisions 1, 1b, 4a, by adding a
subdivision; 204B.09, subdivisions 1, 3; 204B.13, by adding a subdivision;
204B.14, subdivision 2; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21,
subdivision 2; 204B.32, subdivision 2; 204B.45, subdivisions 1, 2; 204B.46;
204C.07, subdivision 4; 204C.15, subdivision 1; 204C.24, subdivision 1; 204C.28,
subdivision 1; 204C.35, by adding a subdivision; 204C.39, subdivision 1; 204D.08,
subdivision 6; 204D.09, subdivision 2; 204D.16; 204D.19, subdivision 2; 204D.22,
subdivision 3; 204D.23, subdivision 2; 204D.25, subdivision 1; 205.13, subdivision
5; 205.16, subdivision 2; 205.175, subdivision 3; 205A.09, subdivision 2; 205A.10,
subdivision 5; 205A.12, subdivision 5; 206.58, subdivisions 1, 3; 206.845, by
adding a subdivision; 207A.12; 207A.13, subdivision 2; 207A.15, subdivision 2;
209.021, subdivision 2; 211B.15, subdivision 8; 367.03, subdivision 6; 447.32,
subdivision 4.

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

Section 1.

Minnesota Statutes 2022, section 5B.06, is amended to read:


5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.

A program participant who is otherwise eligible to vote may register with the secretary
of state as a permanent absentee voter. Notwithstanding section 203B.04, subdivision 5,
the secretary of state is not required to send an absentee ballot application prior to each
election to a program participant registered as a permanent absentee voter under this section.
As soon as practicable before each election, the secretary of state shall determine the precinct
in which the residential address of deleted text begin thedeleted text end new text begin anew text end program participant is located deleted text begin anddeleted text end new text begin . Upon making
a precinct determination, the secretary of state
new text end shallnew text begin either (1)new text end request from and receive from
the county auditor or other election official the ballot for that precinct and deleted text begin shall forwarddeleted text end new text begin
mail
new text end the absentee ballot to the program participant deleted text begin with the otherdeleted text end new text begin , or (2) using the Minnesota
statewide voter registration system, prepare the program participant's ballot for that precinct
and mail the absentee ballot to the program participant. The secretary of state shall include
with each mailed absentee ballot all corresponding
new text end materials for absentee balloting as
required by Minnesota law. The program participant shall complete the ballot and return it
to the secretary of state, who shall review the ballot in the manner provided by section
203B.121, subdivision 2. If the ballot and ballot materials comply with the requirements of
that section, the ballot must be certified by the secretary of state as the ballot of a program
participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation
along with all other ballots. The name and address of a program participant must not be
listed in the statewide voter registration system.

Sec. 2.

Minnesota Statutes 2022, section 201.061, subdivision 1, is amended to read:


Subdivision 1.

Prior to election day.

(a) At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any individual
who will be an eligible voter at the time of the next election may register to vote in the
precinct in which the voter maintains residence by completing a voter registration application
as described in section 201.071, subdivision 1. A completed application may be submitted:

(1) in person or by mail to the county auditor of that county or to the Secretary of State's
Office; or

(2) electronically through a secure website that shall be maintained by the secretary of
state for this purpose, if the applicant has an email address and provides the applicant's
verifiable Minnesota driver's license number, Minnesota state identification card number,
or the last four digits of the applicant's Social Security number.

new text begin (b) new text end A registration that is received in person or by mail no later than 5:00 p.m. on the
21st day preceding any election, or a registration received electronically through the secretary
of state's secure website no later than 11:59 p.m. on the 21st day preceding any election,
shall be accepted. An improperly addressed or delivered registration application shall be
forwarded within two working days after receipt to the county auditor of the county where
the voter maintains residence. A state or local agency or an individual that accepts completed
voter registration applications from a voter must submit the completed applications to the
secretary of state or the appropriate county auditor within ten calendar days after the
applications are dated by the voter.

deleted text begin (b)deleted text end new text begin (c)new text end An application submitted electronically under paragraph (a), clause (2), may only
be transmitted to the county auditor for processing if the secretary of state has verified the
application information matches the information in a government database associated with
the applicant's driver's license number, state identification card number, or Social Security
number. The secretary of state must review all unverifiable voter registration applications
submitted electronically for evidence of suspicious activity and must forward any such
application to an appropriate law enforcement agency for investigation.

new text begin (d) new text end An individual may not electronically submit a voter registration application on behalf
of any other individualnew text begin , except that the secretary of state may provide features on the secure
website established under paragraph (a), clause (2), that allow third parties to connect
application programming interfaces that facilitate an individual's submission of voter
registration information while interacting with the third party
new text end .

deleted text begin (c)deleted text end new text begin (e)new text end For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 3.

Minnesota Statutes 2022, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application, making an oath in
the form prescribed by the secretary of state and providing proof of residence. An individual
may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;

(2) presenting any document approved by the secretary of state as proper identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or

(ii) a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. A voter who is registered to vote in the precinct may sign
up to eight proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; deleted text begin a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4
deleted text end new text begin an assisted living facility licensed
by the commissioner of health under chapter 144G
new text end ; a veterans home operated by the board
of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by
the commissioner of human services to provide a residential program as defined in section
245A.02, subdivision 14; a residential facility for persons with a developmental disability
licensed by the commissioner of human services under section 252.28; setting authorized
to provide housing support as defined in section 256I.03, subdivision 3; a shelter for battered
women as defined in section 611A.37, subdivision 4; deleted text begin ordeleted text end a supervised publicly or privately
operated shelter or dwelling designed to provide temporary living accommodations for the
homelessnew text begin ; a facility where a provider operates a residential treatment program as defined
in section 245.462, subdivision 23; or a facility where a provider operates an adult foster
care program as defined in section 245A.02, subdivision 6c
new text end .

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 4.

Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, is amended to read:


Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's email address, if provided by the voter. The
electronic voter registration application must include the voter's email address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have deleted text begin resideddeleted text end new text begin maintained residencenew text end in Minnesota for 20 days immediately
preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) am not currently incarcerated for a conviction of a felony offense; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 5.

Minnesota Statutes 2022, section 201.071, subdivision 8, is amended to read:


Subd. 8.

School district assistance.

School districts shall assist county auditors in
determining the school district in which a voter deleted text begin residesdeleted text end new text begin maintains residencenew text end .

Sec. 6.

Minnesota Statutes 2022, section 201.091, subdivision 2, is amended to read:


Subd. 2.

Corrected list.

By February 15 of each year, the secretary of state shall prepare
the master list for each county auditor. The records in the statewide registration system must
be periodically corrected and updated by the county auditor. An updated master list for each
precinct must be available for absentee voting at least 46 days before each election. A final
corrected master list must be available deleted text begin sevendeleted text end new text begin 14new text end days before each election.

Sec. 7.

Minnesota Statutes 2022, section 201.091, subdivision 4a, is amended to read:


Subd. 4a.

Presidential primary political party list.

The secretary of state must maintain
a list of the voters who voted in a presidential nomination primary and the political party
each voter selected. Information maintained on the list is private data on individuals as
defined under section 13.02, subdivision 12, except that the secretary of state must provide
deleted text begin the listdeleted text end to the chair of each major political partynew text begin the list of voters who selected that partynew text end .

Sec. 8.

Minnesota Statutes 2022, section 201.12, subdivision 2, is amended to read:


Subd. 2.

Moved within state.

If any nonforwardable mailing from an election official
is returned as undeliverable but with a permanent forwarding address in this state, the county
auditor may change the voter's status to "inactive" in the statewide registration system and
shall transmit a copy of the mailing to the auditor of the county in which the new address
is located. If an election is scheduled to occur in the precinct in which the voter deleted text begin residesdeleted text end new text begin
maintains residence
new text end in the next 47 days, the county auditor shall promptly update the voter's
address in the statewide voter registration system. If there is not an election scheduled, the
auditor may wait to update the voter's address until after the next list of address changes is
received from the secretary of state. Once updated, the county auditor shall mail to the voter
a notice stating the voter's name, address, precinct, and polling place, except that if the
voter's record is challenged due to a felony conviction, noncitizenship, name change,
incompetence, or a court's revocation of voting rights of individuals under guardianship,
the auditor must not mail the notice. The notice must advise the voter that the voter's voting
address has been changed and that the voter must notify the county auditor within 21 days
if the new address is not the voter's address of residence. The notice must state that it must
be returned if it is not deliverable to the voter at the named address.

Sec. 9.

Minnesota Statutes 2022, section 201.121, subdivision 1, is amended to read:


Subdivision 1.

Entry of registration information.

(a) At the time a voter registration
application is properly completed, submitted, and received in accordance with sections
201.061 and 201.071, the county auditor shall enter the information contained on it into the
statewide registration system. Voter registration applications completed before election day
must be entered into the statewide registration system within ten days after they have been
submitted to the county auditor. Voter registration applications completed on election day
must be entered into the statewide registration system within 42 days after the election,
unless the county auditor notifies the secretary of state before the deadline has expired that
the deadline will not be met. Upon receipt of a notification under this paragraph, the secretary
of state must extend the deadline for that county auditor by an additional 28 days. The
secretary of state may waive a county's obligations under this paragraph if, on good cause
shown, the county demonstrates its permanent inability to comply.

The secretary of state must post data on each county's compliance with this paragraph on
the secretary of state's website including, as applicable, the date each county fully complied
or the deadline by which a county's compliance must be complete.

(b) Upon receiving a completed voter registration application, the secretary of state may
electronically transmit the information on the application to the appropriate county auditor
as soon as possible for review by the county auditor before final entry into the statewide
registration system. The secretary of state may mail the voter registration application to the
county auditor.

(c) Within ten days after the county auditor has entered information from a voter
registration application into the statewide registration system, the secretary of state shall
compare the voter's name, date of birth, and driver's license number, state identification
number, or the last four digits of the Social Security number with the same information
contained in the Department of Public Safety database.

(d) The secretary of state shall provide a report to the county auditor on a weekly basis
that includes a list of voters whose name, date of birth, or identification number have been
compared with the same information in the Department of Public Safety database and cannot
be verified as provided in this subdivision. The report must list separately those voters who
have submitted a voter registration application by mail and have not voted in a federal
election in this state.

(e) The county auditor shall compile a list of voters for whom the county auditor and
the secretary of state are unable to conclude that information on the voter registration
application and the corresponding information in the Department of Public Safety database
relate to the same person.

(f) The county auditor shall send a notice of incomplete registration to any voter whose
name appears on the list and change the voter's status to deleted text begin "incomplete."deleted text end new text begin "challenged."new text end A voter
who receives a notice of incomplete registration from the county auditor may either provide
the information required to deleted text begin complete the registrationdeleted text end new text begin clear the challengenew text end at least 21 days
before the next election or at the polling place on election day.

Sec. 10.

Minnesota Statutes 2022, section 201.13, subdivision 3, is amended to read:


Subd. 3.

Use of change of address system.

(a) At least once each month the secretary
of state shall obtain a list of individuals registered to vote in this state who have filed with
the United States Postal Service a change of their permanent address. The secretary of state
may also periodically obtain a list of individuals with driver's licenses or state identification
cards to identify those who are registered to vote who have applied to the Department of
Public Safety for a replacement driver's license or state identification card with a different
address, and a list of individuals for whom the Department of Public Safety received
notification of a driver's license or state identification card cancellation due to a change of
residency out of state. However, the secretary of state shall not load data derived from these
lists into the statewide voter registration system within the 47 days before the state primary
or 47 days before a November general election.

(b) If the address is changed to another address in this state, the secretary of state shall
locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , if possible. If the secretary
of state is able to locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , the
secretary must transmit the information about the changed address by electronic means to
the county auditor of the county in which the new address is located. For addresses for
which the secretary of state is unable to determine the precinct, the secretary may forward
information to the appropriate county auditors for individual review. If the voter has not
voted or submitted a voter registration application since the address change, upon receipt
of the information, the county auditor shall update the voter's address in the statewide voter
registration system. The county auditor shall mail to the voter a notice stating the voter's
name, address, precinct, and polling place, unless the voter's record is challenged due to a
felony conviction, noncitizenship, name change, incompetence, or a court's revocation of
voting rights of individuals under guardianship, in which case the auditor must not mail the
notice. The notice must advise the voter that the voter's voting address has been changed
and that the voter must notify the county auditor within 21 days if the new address is not
the voter's address of residence. The notice must state that it must be returned if it is not
deliverable to the voter at the named address.

(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
deleted text begin resideddeleted text end new text begin maintained residencenew text end that the voter has moved to another state. If the voter has not
voted or submitted a voter registration application since the address change, the county
auditor shall promptly mail to the voter at the voter's new address a notice advising the voter
that the voter's status in the statewide voter registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residence, except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or a
court's revocation of voting rights of individuals under guardianship, the auditor must not
mail the notice. If the notice is not received by the deadline, the county auditor shall change
the voter's status to "inactive" in the statewide voter registration system.

(d) If, in order to maintain voter registration records, the secretary of state enters an
agreement to share information or data with an organization governed exclusively by a
group of states, the secretary must first determine that the data security protocols are sufficient
to safeguard the information or data shared. If required by such an agreement, the secretary
of state may share the following data from the statewide voter registration system and data
released to the secretary of state under section 171.12, subdivision 7a:

(1) name;

(2) date of birth;

(3) address;

(4) driver's license or state identification card number;

(5) the last four digits of an individual's Social Security number; and

(6) the date that an individual's record was last updated.

If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.

Sec. 11.

Minnesota Statutes 2022, section 201.1611, subdivision 1, is amended to read:


Subdivision 1.

Forms.

All postsecondary institutions that enroll students accepting state
or federal financial aid shall provide voter registration forms to each student as early as
possible in the fall quarter. All school districts shall make available voter registration
applications each May and September to all students registered as students of the school
district who will be eligible to vote at the next election after those months. A school district
has no obligation to provide voter registration applications to students who participate in a
postsecondary education option program or who otherwise deleted text begin residedeleted text end new text begin maintain residencenew text end in the
district but do not attend a school operated by the district. A school district fulfills its
obligation to a student under this section if it provides a voter registration application to the
student one time. The forms must contain spaces for the information required in section
201.071, subdivision 1, and applicable rules of the secretary of state. The institutions and
school districts may request these forms from the secretary of state. Institutions shall consult
with their campus student government in determining the most effective means of distributing
the forms and in seeking to facilitate election day registration of students under section
201.061, subdivision 3. School districts must advise students that completion of the voter
registration application is not a school district requirement.

Sec. 12.

Minnesota Statutes 2022, section 201.195, is amended to read:


201.195 CHALLENGES.

Subdivision 1.

Petition; deleted text begin hearingdeleted text end new text begin timingnew text end .

new text begin (a) new text end Upon petition filed with the county auditor,
any voter registered within a county may challenge the eligibility or residence of any other
voter registered within that county. new text begin A petition filed pursuant to this section must not include
the name of more than one person whose right to vote is challenged. The county auditor
must not accept a filing which challenges the eligibility of more than one voter. Petitions
must be filed at least 45 days before the election, unless the voter registered or updated the
voter's registration within 60 days before the election, in which case the petition must be
filed at least ten days before the election, or within ten days after the voter's new or updated
registration appeared on the public information list, whichever is later.
new text end

new text begin (b) new text end The petition deleted text begin shalldeleted text end new text begin mustnew text end state the grounds for challenge deleted text begin anddeleted text end new text begin , provide facts and
circumstances supporting the challenge, and may include supporting documents, affidavits,
or other evidence. The petition must
new text end be accompanied by an affidavit stating that the challenge
is based on the challenger's personal knowledgenew text begin , and that the filer exercised due diligence
to personally verify the facts and circumstances establishing the basis for the challenge.
The filer has the burden to prove, by clear and convincing evidence, that the basis for
challenging the individual's eligibility to vote is valid
new text end .

new text begin (c) The following reasons, standing alone, do not constitute adequate grounds for a
challenge:
new text end

new text begin (1) a piece of mail sent to the voter by someone other than the county auditor that was
returned as undeliverable;
new text end

new text begin (2) enrollment in an educational institution; or
new text end

new text begin (3) registration to vote at an address that is housing provided for students by an
educational institution.
new text end

new text begin Subd. 1a. new text end

new text begin Reasons for dismissal. new text end

new text begin If the petition is incomplete, or if the basis for the
challenge does not meet the requirements of this section, the county auditor must dismiss
the petition and notify the filer in writing of the reasons for the dismissal.
new text end

new text begin Subd. 1b. new text end

new text begin Notice to voter. new text end

Within five days after receipt of deleted text begin thedeleted text end new text begin anew text end petitionnew text begin that meets the
requirements of this section
new text end , the county auditor deleted text begin shalldeleted text end new text begin mustnew text end set a date for a hearing on the
challenge and notify the challenger by mail. A copy of the petition and notice of the hearing
deleted text begin shalldeleted text end new text begin mustnew text end be served on the challenged voter by the county auditor in the same manner as
in a civil action. new text begin The county auditor must inform the challenged individual that:
new text end

new text begin (1) a petition has been filed as to whether the individual is eligible to vote as well as the
basis of the challenge;
new text end

new text begin (2) if the individual votes by mail, the individual's ballot will not be counted unless the
challenge is resolved; and
new text end

new text begin (3) the individual may submit information prior to the hearing or present information at
the hearing. This information may include a sworn statement, supporting documents,
affidavits, witnesses, or other evidence supporting the challenged individual's eligibility to
vote in the election.
new text end

new text begin Subd. 1c. new text end

new text begin Hearing. new text end

The hearing deleted text begin shalldeleted text end new text begin mustnew text end be held before the county auditor or the
auditor's designee who deleted text begin shalldeleted text end new text begin mustnew text end then make findings and affirm or dismiss the challenge.new text begin
The hearing must be recorded by either video or audio recording. The recording must be
retained for 22 months.
new text end

Subd. 2.

Appeal.

If a challenge is affirmed, the voter whose registration has been
challenged may appeal the ruling to the secretary of state. new text begin The voter must immediately
notify the county auditor of the appeal, and upon receipt of this notice, the county auditor
must submit the entire record of the hearing, including all documents and a recording of
the hearing, to the secretary of state.
new text end The appeal deleted text begin shalldeleted text end new text begin mustnew text end be heard within five days but in
any case before election day. Upon hearing the appeal the secretary of state deleted text begin shalldeleted text end new text begin mustnew text end affirm
or reverse the ruling and deleted text begin shalldeleted text end new text begin mustnew text end give appropriate instructions to the county auditor.

Subd. 3.

Hearing procedures.

A hearing before the secretary of state deleted text begin shalldeleted text end new text begin mustnew text end be
conducted as a contested case and determined in accordance with chapter 14.

Sec. 13.

Minnesota Statutes 2022, section 201.225, subdivision 2, is amended to read:


Subd. 2.

Technology requirements.

An electronic roster must:

(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;

(2) allow for data to be exported in a file format prescribed by the secretary of state;

(3) allow for data to be entered manually or by scanning a Minnesota driver's license or
identification card to locate a voter record or populate a voter registration application that
would be printed and signed and dated by the voter. The printed registration application
can be either a printed form, labels printed with voter information to be affixed to a preprinted
form, or a combination of both;

(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;

(5) cue an election judge to ask for and input data that is not populated from a scanned
driver's license or identification card that is otherwise required to be collected from the voter
or an election judge;

(6) immediately alert the election judge if the voter has provided information that indicates
that the voter is not eligible to vote;

(7) immediately alert the election judge if the electronic roster indicates that a voter has
already voted in that precinct, the voter's registration status is challenged, or it appears the
voter deleted text begin residesdeleted text end new text begin maintains residencenew text end in a different precinct;

(8) provide immediate instructions on how to resolve a particular type of challenge when
a voter's record is challenged;

(9) provide for a printed voter signature certificate, containing the voter's name, address
of residence, date of birth, voter identification number, the oath required by section 204C.10,
and a space for the voter's original signature. The printed voter signature certificate can be
either a printed form or a label printed with the voter's information to be affixed to the oath;

(10) contain only preregistered voters within the precinct, and not contain preregistered
voter data on voters registered outside of the precinct;

(11) be only networked within the polling location on election day, except for the purpose
of updating absentee ballot records;

(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Department of Information
Technology Services;

(13) be capable of providing a voter's correct polling place; and

(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.

Electronic rosters used only for election day registration do not need to comply with clauses
(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
to comply with clauses (4) and (5).

Sec. 14.

Minnesota Statutes 2022, section 202A.16, subdivision 1, is amended to read:


Subdivision 1.

Eligible voters.

Only those individuals who are or will be eligible to vote
at the time of the next state general election, may vote or be elected a delegate or officer at
the precinct caucus. An eligible voter may vote or be elected a delegate or officer only in
the precinct where the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end at the time of the caucus.

Sec. 15.

Minnesota Statutes 2022, section 202A.18, subdivision 2a, is amended to read:


Subd. 2a.

Preference ballotnew text begin for governornew text end .

new text begin In a year when the office of governor appears
on the state general election ballot,
new text end prior to the opening of nominations for the election of
permanent offices and delegates, a ballot must be distributed to permit caucus participants
to indicate their preference for the office of the governor. The results of preference voting
must be reported to the secretary of state immediately upon conclusion of the voting, in the
manner provided by the secretary of state. The secretary of state shall provide the appropriate
forms to the party for reporting the results.

Sec. 16.

Minnesota Statutes 2022, section 203B.01, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Utility worker. new text end

new text begin "Utility worker" means an employee of a public utility as
defined by section 216B.02, subdivision 4.
new text end

Sec. 17.

Minnesota Statutes 2022, section 203B.02, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Emergency response providers. new text end

new text begin Any trained or certified emergency response
provider or utility worker who is deployed during the time period authorized by law for
absentee voting, on election day, or during any state of emergency declared by the President
of the United States or any governor of any state within the United States may vote by
absentee ballot either as provided by sections 203B.16 to 203B.27.
new text end

Sec. 18.

Minnesota Statutes 2022, section 203B.08, subdivision 1, is amended to read:


Subdivision 1.

Marking and return by voter.

(a) An eligible voter who receives absentee
ballots as provided in this chapter shall mark them in the manner specified in the directions
for casting the absentee ballots. The return envelope containing marked ballots may be
mailed as provided in the directions for casting the absentee ballots, may be left with the
county auditor or municipal clerk who transmitted the absentee ballots to the voter, or may
be left in a drop box as provided in section 203B.082. If delivered in person, the return
envelope must be submitted to the county auditor or municipal clerk by deleted text begin 3:00deleted text end new text begin 8:00new text end p.m. on
election day.

(b) The voter may designate an agent to deliver in person the sealed absentee ballot
return envelope to the county auditor or municipal clerk or to deposit the return envelope
in the mail. An agent may deliver or mail the return envelopes of not more than three voters
in any election. Any person designated as an agent who tampers with either the return
envelope or the voted ballots or does not immediately mail or deliver the return envelope
to the county auditor or municipal clerk is guilty of a misdemeanor.

Sec. 19.

Minnesota Statutes 2022, section 203B.08, subdivision 3, is amended to read:


Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a locked ballot container or other secured and locked space with
other return envelopes received by that office. Within five days after receipt, the county
auditor or municipal clerk shall deliver to the ballot board all ballots received, except that
during the 14 days immediately preceding an election, the county auditor or municipal clerk
shall deliver all ballots received to the ballot board within three days. Ballots received on
election day deleted text begin either (1) after 3:00 p.m., if delivered in person; or (2)deleted text end after 8:00 p.m.deleted text begin , if
delivered by mail or a package delivery service,
deleted text end shall be marked as received late by the
county auditor or municipal clerk, and must not be delivered to the ballot board.

Sec. 20.

Minnesota Statutes 2022, section 203B.081, subdivision 1, is amended to read:


Subdivision 1.

Location; timing.

An eligible voter may vote by absentee ballot in the
office of the county auditor and at any other polling place designated by the county auditor
during the 46 days before the election, except as provided in this section.new text begin The county auditor
shall make such polling place designations at least 14 weeks before the election. Voters
casting absentee ballots in person for a town election held in March may do so during the
30 days before the election.
new text end

Sec. 21.

Minnesota Statutes 2022, section 203B.081, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Town electionsdeleted text end new text begin Voting booth; electronic ballot markernew text end .

deleted text begin Voters casting
absentee ballots in person for a town election held in March may do so during the 30 days
before the election. The county auditor shall make such designations at least 14 weeks before
the election.
deleted text end new text begin For purposes of this section, the county auditor must make available in each
polling place (1)
new text end at least one voting booth deleted text begin in each polling place must be made available by
the county auditor for this purpose. The county auditor must also make available
deleted text end new text begin , and (2)new text end
at least one electronic ballot marker deleted text begin in each polling place that has implemented a voting
system that is accessible
deleted text end for individuals with disabilities pursuant to section 206.57,
subdivision 5
.

Sec. 22.

Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:


Subd. 3.

Alternative procedure.

(a) The county auditor may make available a ballot
counter and ballot box for use by the voters during the deleted text begin sevendeleted text end new text begin 14new text end days before the election.
If a ballot counter and ballot box is provided, a voter must be given the option either (1) to
vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the
manner provided in this subdivision.

(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's name, address, and date of birth to the county auditor or municipal clerk.
The voter shall sign a voter's certificate, which must include the voter's name, identification
number, and the certification required by section 201.071, subdivision 1. The signature of
an individual on the voter's certificate and the issuance of a ballot to the individual is evidence
of the intent of the individual to vote at that election.

(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.

(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.

(e) The election duties required by this subdivision must be performed by the county
auditor, municipal clerk, or a deputy of the auditor or clerk.

Sec. 23.

Minnesota Statutes 2022, section 203B.11, subdivision 1, is amended to read:


Subdivision 1.

Generally.

new text begin (a) new text end Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws deleted text begin shalldeleted text end new text begin mustnew text end
designate election judges to deliver absentee ballots in accordance with this section. The
county auditor must also designate election judges to perform the duties in this section. A
ballot may be delivered only to an eligible voter who is a temporary or permanent resident
or patient in a health care facility or hospital located in the municipality in which the voter
maintains residence. The ballots deleted text begin shalldeleted text end new text begin mustnew text end be delivered by two election judges, each of
whom is affiliated with a different major political party. When the election judges deliver
or return ballots as provided in this section, they deleted text begin shalldeleted text end new text begin mustnew text end travel together in the same
vehicle. Both election judges deleted text begin shalldeleted text end new text begin mustnew text end be present when an applicant completes the certificate
of eligibility and marks the absentee ballots, and may assist an applicant as provided in
section 204C.15. The election judges deleted text begin shalldeleted text end new text begin mustnew text end deposit the return envelopes containing the
marked absentee ballots in a sealed container and return them to the clerk on the same day
that they are delivered and marked.

new text begin (b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor,
absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a
facility providing assisted living services governed by chapter 144G, a veterans home
operated by the board of directors of the Minnesota veterans homes under chapter 198 or a
shelter for battered women as defined in section 611A.37, subdivision 4.
new text end

Sec. 24.

Minnesota Statutes 2022, section 203B.11, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Twentydeleted text end new text begin Forty-fivenew text end days before an election.

During the deleted text begin 20deleted text end new text begin 45new text end days preceding
an election, the election judges deleted text begin shalldeleted text end new text begin mustnew text end deliver absentee ballots only to an eligible voter
who has applied for absentee ballots to the county auditor or municipal clerk under section
203B.04, subdivision 1.

Sec. 25.

Minnesota Statutes 2022, section 203B.11, subdivision 4, is amended to read:


Subd. 4.

Agent delivery of ballots.

During the seven days preceding an election and
until deleted text begin 2:00deleted text end new text begin 8:00new text end p.m. on election day, an eligible voter who would have difficulty getting to
the polls because of incapacitating health reasons, or who is disabled, or who is a patient
of a health care facility, a resident of a facility providing assisted living services governed
by chapter 144G, a participant in a residential program for adults licensed under section
245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section
611A.37, subdivision 4, may designate an agent to deliver the ballots to the voter from the
county auditor or municipal clerk. An agent must have a preexisting relationship with the
voter. A candidate at the election may not be designated as an agent. The voted ballots must
be returned to the county auditor or municipal clerk no later than deleted text begin 3:00deleted text end new text begin 8:00new text end p.m. on election
day. The voter must complete an affidavit requesting the auditor or clerk to provide the
agent with the ballots in a sealed transmittal envelope. The affidavit must include a statement
from the voter stating that the ballots were delivered to the voter by the agent in the sealed
transmittal envelope. An agent may deliver ballots to no more than three persons in any
election. The secretary of state shall provide samples of the affidavit and transmission
envelope for use by the county auditors.

Sec. 26.

Minnesota Statutes 2022, section 203B.12, subdivision 7, is amended to read:


Subd. 7.

Names of persons; rejected absentee ballots.

deleted text begin (a)deleted text end The names of voters who
have submitted an absentee ballot to the county auditor or municipal clerk that has not been
accepted deleted text begin may not be made available for public inspection until the close of voting on election
day.
deleted text end

deleted text begin (b) After the close of voting on election day, the listsdeleted text end must be available to the public in
the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.

Sec. 27.

Minnesota Statutes 2022, section 203B.121, subdivision 2, is amended to read:


Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot board
shall take possession of all signature envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each signature envelope and shall
mark it accepted or rejected in the manner provided in this subdivision. Election judges
performing the duties in this section must be of different major political parties, unless they
are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10,
subdivision 2
.

(b) The members of the ballot board shall mark the signature envelope "Accepted" and
initial or sign the signature envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the signature envelope are the same as the information
provided on the absentee ballot application;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as a number on the voter's absentee
ballot application or voter record. If the number does not match, the election judges must
compare the signature provided by the applicant to determine whether the ballots were
returned by the same person to whom they were transmitted;

(4) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the signature envelope;

(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and

(6) the voter has not already voted at that election, either in person or, if it is after the
deleted text begin close of business on the seventhdeleted text end new text begin 14thnew text end day before the election, by absentee ballot.

The signature envelope from accepted ballots must be preserved and returned to the
county auditor.

(c)(1) If a majority of the members of the ballot board examining a signature envelope
find that an absentee voter has failed to meet one of the requirements provided in paragraph
(b), they shall mark the signature envelope "Rejected," initial or sign it below the word
"Rejected," list the reason for the rejection on the envelope, and return it to the county
auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by
this section. Failure to place the ballot within the secrecy envelope before placing it in the
outer white envelope is not a reason to reject an absentee ballot.

(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and signature envelope in place of the rejected ballot.

(3) If an envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter by
telephone or email to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.

(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.

(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.

Sec. 28.

Minnesota Statutes 2022, section 203B.121, subdivision 3, is amended to read:


Subd. 3.

Record of voting.

(a) When applicable, the county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been accepted. After the close
of business on the deleted text begin seventhdeleted text end new text begin 14thnew text end day before the election, a voter whose record indicates that
an absentee ballot has been accepted must not be permitted to cast another ballot at that
election. In a state primary, general, or state special election for federal or state office, the
auditor or clerk must also record this information in the statewide voter registration system.

(b) The roster must be marked, and a supplemental report of absentee voters who
submitted a voter registration application with their ballot must be created, no later than the
start of voting on election day to indicate the voters that have already cast a ballot at the
election. The roster may be marked either:

(1) by the county auditor or municipal clerk before election day;

(2) by the ballot board before election day; or

(3) by the election judges at the polling place on election day.

The record of a voter whose absentee ballot was received after the deleted text begin close of business on
the seventh
deleted text end new text begin 14thnew text end day before the election is not required to be marked on the roster or
contained in a supplemental report as required by this paragraph.

Sec. 29.

Minnesota Statutes 2022, section 203B.121, subdivision 4, is amended to read:


Subd. 4.

Opening of envelopes.

After the deleted text begin close of business on the seventhdeleted text end new text begin 14thnew text end day
before the election, the ballots from secrecy envelopes within the signature envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86,
subdivision 5
, initialed by the members of the ballot board, and deposited in the appropriate
ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must
be returned in the manner provided by section 204C.25 for return of spoiled ballots, and
may not be counted.

Sec. 30.

Minnesota Statutes 2022, section 203B.16, subdivision 2, is amended to read:


Subd. 2.

Indefinite residence outside United States.

Sections 203B.16 to 203B.27
provide the exclusive voting procedure for United States citizens who are living indefinitely
outside the territorial limits of the United States who meet all the qualifications of an eligible
voter except residence in Minnesota, but who are authorized by federal law to vote in
Minnesota because they or, if they have never deleted text begin resideddeleted text end new text begin maintained residencenew text end in the United
States, a parent maintained residence in Minnesota for at least 20 days immediately prior
to their departure from the United States. Individuals described in this subdivision shall be
permitted to vote only for the offices of president, vice-president, senator in Congress, and
representative in Congress.

Sec. 31.

Minnesota Statutes 2022, section 204B.06, subdivision 1, is amended to read:


Subdivision 1.

Form of affidavit.

An affidavit of candidacy shall state the name of the
office sought and, except as provided in subdivision 4, shall state that the candidate:

(1) is an eligible voter;

(2) has no other affidavit on file as a candidate for any office at the same primary or
next ensuing general election, except deleted text begin that a candidate for soil and water conservation district
supervisor in a district not located in whole or in part in Anoka, Hennepin, Ramsey, or
Washington County, may also have on file an affidavit of candidacy for mayor or council
member of a statutory or home rule charter city of not more than 2,500 population contained
in whole or in part in the soil and water conservation district or for town supervisor in a
town of not more than 2,500 population contained in whole or in part in the soil and water
conservation district
deleted text end new text begin as authorized by subdivision 9new text end ; and

(3) is, or will be on assuming the office, 21 years of age or more, and will have maintained
residence in the district from which the candidate seeks election for 30 days before the
general election.

An affidavit of candidacy must include a statement that the candidate's name as written
on the affidavit for ballot designation is the candidate's true name or the name by which the
candidate is commonly and generally known in the community.

An affidavit of candidacy for partisan office shall also state the name of the candidate's
political party or political principle, stated in three words or less.

Sec. 32.

Minnesota Statutes 2022, section 204B.06, subdivision 1b, is amended to read:


Subd. 1b.

Addressnew text begin , electronic mail address,new text end and telephone number.

(a) An affidavit
of candidacy must state a telephone number where the candidate can be contacted. An
affidavit must also state the candidate's new text begin or campaign's nongovernment issued electronic
mail address or an attestation that the candidate and the candidate's campaign do not possess
an email address. An affidavit must also state the candidate's
new text end address of residence as
determined under section 200.031, or at the candidate's request in accordance with paragraph
(c), the candidate's campaign contact address. The form for the affidavit of candidacy must
allow the candidate to request, if eligible, that the candidate's address of residence be
classified as private data, and to provide the certification required under paragraph (c) for
classification of that address.

(b) For an office whose residency requirement must be satisfied by the close of the filing
period, a registered voter in this state may request in writing that the filing officer receiving
the affidavit of candidacy review the address as provided in this paragraph, at any time up
to one day after the last day for filing for office. If requested, the filing officer must determine
whether the address provided in the affidavit of candidacy is within the area represented by
the office the candidate is seeking. If the filing officer determines that the address is not
within the area represented by the office, the filing officer must immediately notify the
candidate and the candidate's name must be removed from the ballot for that office. A
determination made by a filing officer under this paragraph is subject to judicial review
under section 204B.44.

(c) If the candidate requests that the candidate's address of residence be classified as
private data, the candidate must list the candidate's address of residence on a separate form
to be attached to the affidavit. The candidate must also certify on the affidavit that a police
report has been submitted or an order for protection has been issued in regard to the safety
of the candidate or the candidate's family, or that the candidate's address is otherwise private
pursuant to Minnesota law. The address of residence provided by a candidate who makes
a request for classification on the candidate's affidavit of candidacy and provides the
certification required by this paragraph is classified as private data, as defined in section
13.02, subdivision 12, but may be reviewed by the filing officer as provided in this
subdivision.

(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

Sec. 33.

Minnesota Statutes 2022, section 204B.06, subdivision 4a, is amended to read:


Subd. 4a.

State and local offices.

Candidates who seek nomination for the following
offices shall state the following additional information on the affidavit:

(1) for governor or lieutenant governor, that on the first Monday of the next January the
candidate will be 25 years of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;

(2) for supreme court justice, court of appeals judge, or district court judge, that the
candidate is learned in the lawnew text begin and will not turn 70 years of age before the first Monday in
January of the following year
new text end ;

(3) for county, municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;

(4) for senator or representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have deleted text begin resideddeleted text end new text begin maintained residencenew text end not less than
one year in the state and not less than six months in the legislative district from which the
candidate seeks election.

Sec. 34.

Minnesota Statutes 2022, section 204B.06, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Multiple affidavits of candidacy. new text end

new text begin Notwithstanding subdivision 1, clause (2):
new text end

new text begin (1) a candidate for soil and water conservation district supervisor in a district not located
in whole or in part in Anoka, Hennepin, Ramsey, or Washington County may also have on
file an affidavit of candidacy for:
new text end

new text begin (i) mayor or council member of a statutory or home rule charter city of not more than
2,500 population contained in whole or in part in the soil and water conservation district;
or
new text end

new text begin (ii) town supervisor in a town of not more than 2,500 population contained in whole or
in part in the soil and water conservation district; and
new text end

new text begin (2) a candidate for school board member may also have on file an affidavit of candidacy
for town board supervisor, unless that town board is exercising the powers of a statutory
city under section 368.01 or an applicable special law.
new text end

Sec. 35.

Minnesota Statutes 2022, section 204B.09, subdivision 1, is amended to read:


Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 84 days nor less than 70 days before the state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens and the last
day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed
in the presence of a notarial officer or an individual authorized to administer oaths under
section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions at least 77 days
before the general election day pursuant to section 204B.07. Nominating petitions to fill
vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or
petition shall be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor of
that county. Affidavits and petitions for federal offices must be filed with the secretary of
state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate deleted text begin residesdeleted text end new text begin maintains residencenew text end .

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by
mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must
be received by 5:00 p.m. on the last day for filing.

Sec. 36.

Minnesota Statutes 2022, section 204B.09, subdivision 3, is amended to read:


Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the deleted text begin seventhdeleted text end new text begin 14thnew text end day before the general 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.

new text begin (b) The governing body of a statutory or home rule charter city may adopt a resolution
governing the counting of write-in votes for local elective office. The resolution may:
new text end

new text begin (1) require the candidate to file a written request with the chief election official at least
14 days before the city election if the candidate wants to have the candidate's write-in votes
individually recorded; or
new text end

new text begin (2) require that write-in votes for an individual candidate only be individually recorded
if the total number of write-in votes for that office is equal to or greater than the fewest
number of non-write-in votes for a ballot candidate.
new text end

new text begin If the governing body of the statutory or home rule charter city adopts a resolution authorized
by this paragraph, the resolution must be adopted before the first day of filing for office. A
resolution adopted under this paragraph remains in effect until a subsequent resolution on
the same subject is adopted by the governing body of the statutory or home rule charter
city.
new text end

new text begin (c) The governing body of a township, school board, hospital district, park district, soil
and water district, or other ancillary elected district may adopt a resolution governing the
counting of write-in votes for local elective office. The resolution may require that write-in
votes for an individual candidate only be individually recorded if the total number of write-in
votes for that office is equal to or greater than the fewest number of non-write-in votes for
a ballot candidate.
new text end

deleted text begin (b)deleted text end new text begin (d)new text end A candidate for president of the United States who files a request under this
subdivision must deleted text begin file jointly with another individual seeking nomination as a candidate for
vice president of the United States. A candidate for vice president of the United States who
files a request under this subdivision must file jointly with another individual seeking
nomination as
deleted text end new text begin include the name of new text end a candidate for new text begin vice new text end president of the United States. The
request must also include the name of at least one candidate for presidential elector. The
total number of names of candidates for presidential elector on the request may not exceed
the total number of electoral votes to be cast by Minnesota in the presidential election.

deleted text begin (c)deleted text end new text begin (e)new text end A candidate for governor who files a request under this subdivision must file
jointly with another individual seeking nomination as a candidate for lieutenant governor.
A candidate for lieutenant governor who files a request under this subdivision must file
jointly with another individual seeking nomination as a candidate for governor.

Sec. 37.

Minnesota Statutes 2022, section 204B.13, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Candidates for federal office. new text end

new text begin This section does not apply to a vacancy in
nomination for a federal office.
new text end

Sec. 38.

Minnesota Statutes 2022, section 204B.14, subdivision 2, is amended to read:


Subd. 2.

Separate precincts; combined polling place.

(a) The following shall constitute
at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
November 1 if a presidential nomination primary is scheduled to occur in the following
year or May 1 of any other year:

(1) for any city of the third or fourth class, any town, or any city having territory in more
than one county, in which all the voters of the city or town shall cast their ballots;

(2) for contiguous precincts in the same municipality;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county;
or

(4) for noncontiguous precincts located in one or more counties.

Subject to the requirements of paragraph (c), a single, accessible, combined polling place
may be established after May 1 of any year in the event of an emergency.

A copy of the ordinance or resolution establishing a combined polling place must be
filed with the county auditor within 30 days after approval by the governing bodynew text begin , and the
county auditor must provide notice within ten days to the secretary of state, in a manner
and including information prescribed by the secretary of state
new text end . A polling place combined
under clause (3) must be approved by the governing body of each participating municipality.
A polling place combined under clause (4) must be approved by the governing body of each
participating municipality and the secretary of state and may be located outside any of the
noncontiguous precincts. A municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal with the county auditor no
later than October 1 if a presidential nomination primary is scheduled to occur in the
following year or April 1 of any other yearnew text begin , and the county auditor must provide notice
within ten days to the secretary of state, in a manner and including information prescribed
by the secretary of state
new text end .

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. A single set of
election judges may be appointed to serve at a combined polling place. The number of
election judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling place. Separate ballot
boxes must be provided for the ballots from each precinct. The results of the election must
be reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.

(c) If a local elections official determines that an emergency situation preventing the
safe, secure, and full operation of a polling place on election day has occurred or is imminent,
the local elections official may combine two or more polling places for that election pursuant
to this subdivision. To the extent possible, the polling places must be combined and the
election conducted according to the requirements of paragraph (b), except that:

(1) polling places may be combined after May 1 and until the polls close on election
day;

(2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;

(3) the governing body is not required to adopt an ordinance or resolution to establish
the combined polling place;

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;

(5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's website,
if one exists. The local elections official must also notify the election judges and request
that local media outlets publicly announce the reason for the combination and the location
of the combined polling place; and

(6) on election day, the local elections official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the combined polling place. The local election official must also post the
notice, if practical, in a location visible by voters who vote from their motor vehicles as
provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to
section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph
must include a statement that the polling place hours at the combined polling place will be
extended until the specified time.

Sec. 39.

Minnesota Statutes 2022, section 204B.16, subdivision 1, is amended to read:


Subdivision 1.

Authority; location.

(a) By December 31 of each year, the governing
body of each municipality and of each county with precincts in unorganized territory must
designate by ordinance or resolution deleted text begin a polling place for each election precinct. The polling
places designated in the ordinance or resolution are the polling places for the following
calendar year, unless a change is made:
deleted text end new text begin any changes to a polling place location. A polling
place must be maintained for the following calendar year unless changed:
new text end

new text begin (1) by ordinance or resolution by December 31 of the previous year;
new text end

deleted text begin (1)deleted text end new text begin (2)new text end pursuant to section 204B.175;

deleted text begin (2)deleted text end new text begin (3)new text end because a polling place has become unavailable;

deleted text begin (3)deleted text end new text begin (4)new text end because a township designates one location for all statenew text begin , county,new text end and federal
elections and one location for all township only elections; and

deleted text begin (4)deleted text end new text begin (5)new text end pursuant to section 204B.14, subdivision 3.

(b) Polling places must be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a school district and municipal
election held on the same day. The polling place for a precinct in a city or in a school district
located in whole or in part in the metropolitan area defined by section 200.02, subdivision
24
, shall be located within the boundaries of the precinct or within one mile of one of those
boundaries unless a single polling place is designated for a city pursuant to section 204B.14,
subdivision 2
, or a school district pursuant to section 205A.11. The polling place for a
precinct in unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available within a town or
within a school district located outside the metropolitan area defined by section 200.02,
subdivision 24
, then the polling place for a town or school district may be located outside
the town or school district within five miles of one of the boundaries of the town or school
district.

Sec. 40.

Minnesota Statutes 2022, section 204B.19, subdivision 6, is amended to read:


Subd. 6.

High school students.

Notwithstanding any other requirements of this section,
a student enrolled in a high school in Minnesota or who is in a home school in compliance
with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible to be appointed
as a without party affiliation trainee election judge in the county in which the student deleted text begin residesdeleted text end new text begin
maintains residence
new text end , or a county adjacent to the county in which the student deleted text begin residesdeleted text end new text begin maintains
residence
new text end . The student must meet qualifications for trainee election judges specified in rules
of the secretary of state. A student appointed as a trainee election judge may be excused
from school attendance during the hours that the student is serving as a trainee election
judge if the student submits a written request signed and approved by the student's parent
or guardian to be absent from school and a certificate from the appointing authority stating
the hours during which the student will serve as a trainee election judge to the principal of
the school at least ten days prior to the election. Students shall not serve as trainee election
judges after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election
judges may be paid not less than two-thirds of the minimum wage for a large employer.
The principal of the school may approve a request to be absent from school conditioned on
acceptable academic performance at the time of service as a trainee election judge.

Sec. 41.

Minnesota Statutes 2022, section 204B.21, subdivision 2, is amended to read:


Subd. 2.

Appointing authority; powers and duties.

Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality. Election judges
for precincts in unorganized territory and for performing election-related duties assigned
by the county auditor shall be appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the governing body of the
municipality or municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes. Except as otherwise provided in this section,
appointments shall be made from the list of voters who deleted text begin residedeleted text end new text begin maintain residencenew text end in each
precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and
other qualifications established or authorized under section 204B.19. At least two election
judges in each precinct must be affiliated with different major political parties. If no lists
have been furnished or if additional election judges are required after all listed names in
that municipality have been exhausted, the appointing authority may appoint other individuals
who meet the qualifications to serve as an election judge, including persons on the list
furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality,
and persons who are not affiliated with a major political party. An individual who is appointed
from a source other than the list furnished pursuant to subdivision 1 must provide to the
appointing authority the individual's major political party affiliation or a statement that the
individual does not affiliate with any major political party. An individual who refuses to
provide the individual's major political party affiliation or a statement that the individual
does not affiliate with a major political party must not be appointed as an election judge.
The appointments shall be made at least 25 days before the election at which the election
judges will serve, except that the appointing authority may pass a resolution authorizing
the appointment of additional election judges within the 25 days before the election if the
appointing authority determines that additional election judges will be required.

Sec. 42.

Minnesota Statutes 2022, section 204B.32, subdivision 2, is amended to read:


Subd. 2.

Allocation of election expenses.

The secretary of state shall develop procedures
for the allocation of election expenses among counties, municipalities, and school districts
for elections that are held concurrently. The following expenses must be included in the
procedures: salaries of election judges; postage for absentee ballots and applications;
preparation of polling places; preparation and testing of electronic voting systems; ballot
preparation; publication of election notices deleted text begin and sample ballotsdeleted text end new text begin , including the notice required
by section 204D.16
new text end ; transportation of ballots and election supplies; and compensation for
administrative expenses of the county auditor, municipal clerk, or school district clerk.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2023, or upon the secretary of
state's approval of the notice required by section 204D.16, paragraph (b), whichever is
earlier. The secretary of state must notify the revisor of statutes of the approval date.
new text end

Sec. 43.

Minnesota Statutes 2022, section 204B.45, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

A town of any size deleted text begin not located in a metropolitan county
as defined by section 473.121,
deleted text end or a city having fewer than 400 registered voters on June 1
of an election year deleted text begin and not located in a metropolitan county as defined by section 473.121,deleted text end
may provide balloting by mail at any municipal, county, or state election with no polling
place other than the office of the auditor or clerk or other locations designated by the auditor
or clerk. The governing body may apply to the county auditor for permission to conduct
balloting by mail. The county board may provide for balloting by mail in unorganized
territory. The governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of the county
auditor.

Voted ballots may be returned in person to any location designated by the county auditor
or municipal clerk.

Sec. 44.

Minnesota Statutes 2022, section 204B.45, subdivision 2, is amended to read:


Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be given
at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before
a regularly scheduled election and not more than 30 days nor later than 14 days before any
other election, the auditor shall mail ballots by nonforwardable mail to all voters registered
in the city, town, or unorganized territory. No later than 14 days before the election, the
auditor must make a subsequent mailing of ballots to those voters who register to vote after
the initial mailing but before the 20th day before the election. Eligible voters not registered
at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot
return envelopes, with return postage provided, must be preaddressed to the auditor or clerk
and the voter may return the ballot by mail or in person to the office of the auditor or clerk.
The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot
return envelopes and mark them "accepted" or "rejected" within three days of receipt if
there are 14 or fewer days before election day, or within five days of receipt if there are
more than 14 days before election day. The board may consist of deputy county auditors or
deputy municipal clerks who have received training in the processing and counting of mail
ballots, who need not be affiliated with a major political party. Election judges performing
the duties in this section must be of different major political parties, unless they are exempt
from that requirement under section 205.075, subdivision 4, or section 205A.10. If an
envelope has been rejected at least five days before the election, the ballots in the envelope
must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot
and return envelope in place of the spoiled ballot. If the ballot is rejected within five days
of the election, the envelope must remain sealed and the official in charge of the ballot board
must attempt to contact the voter by telephone or email to notify the voter that the voter's
ballot has been rejected. The official must document the attempts made to contact the voter.

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. deleted text begin After the close of businessdeleted text end
On the deleted text begin seventhdeleted text end new text begin 14thnew text end day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.

In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.

The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from mail or absentee ballots may be made public before the
close of voting on election day.

The costs of the mailing shall be paid by the election jurisdiction in which the voter
deleted text begin residesdeleted text end new text begin maintains residencenew text end . Any ballot received by 8:00 p.m. on the day of the election
must be counted.

Sec. 45.

Minnesota Statutes 2022, section 204B.46, is amended to read:


204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a special
election may conduct an election by mail with no polling place other than the office of the
auditor or clerk. No offices may be voted on at a mail electiondeleted text begin .deleted text end new text begin , except in overlapping school
and municipality jurisdictions, where a mail election may include an office when one of the
jurisdictions also has a question on the ballot.
new text end Notice of the election must be given to the
county auditor at least 74 days prior to the election. This notice shall also fulfill the
requirements of Minnesota Rules, part 8210.3000. The special mail ballot procedures must
be posted at least six weeks prior to the election. Not more than 46 nor later than 14 days
prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all
voters registered in the county, municipality, or school district. No later than 14 days before
the election, the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant
to chapter 203B. The auditor or clerk must appoint a ballot board to examine the mail and
absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days
of receipt if there are 14 or fewer days before election day, or within five days of receipt if
there are more than 14 days before election day. The board may consist of deputy county
auditors, deputy municipal clerks, or deputy school district clerks who have received training
in the processing and counting of mail ballots, who need not be affiliated with a major
political party. Election judges performing the duties in this section must be of different
major political parties, unless they are exempt from that requirement under section 205.075,
subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must remain sealed and the auditor or clerk must
provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.
If the ballot is rejected within five days of the election, the envelope must remain sealed
and the official in charge of the ballot board must attempt to contact the voter by telephone
or email to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. deleted text begin After the close of businessdeleted text end
On the deleted text begin seventhdeleted text end new text begin 14thnew text end day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.

In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.

The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from ballots may be made public before the close of voting
on election day.

Sec. 46.

Minnesota Statutes 2022, section 204C.07, subdivision 4, is amended to read:


Subd. 4.

Restrictions on conduct.

An election judge deleted text begin maydeleted text end new text begin mustnew text end not be appointed as a
challenger. The election judges deleted text begin shalldeleted text end new text begin mustnew text end permit challengers appointed pursuant to this
section to be present in the polling place during the hours of voting and to remain there until
the votes are counted and the results declared. deleted text begin Nodeleted text end new text begin Anew text end challenger deleted text begin shalldeleted text end new text begin must notnew text end handle or
inspect registration cards, files, or lists. Challengers deleted text begin shalldeleted text end new text begin mustnew text end not prepare in any manner
any list of individuals who have or have not voted. They deleted text begin shalldeleted text end new text begin mustnew text end not attempt to influence
voting in any manner. deleted text begin They shalldeleted text end new text begin In accordance with section 204C.12, challengers mustnew text end not
converse with a voter deleted text begin except to determine, in the presence of an election judge, whether the
voter is eligible to vote in the precinct
deleted text end .

Sec. 47.

Minnesota Statutes 2022, section 204C.15, subdivision 1, is amended to read:


Subdivision 1.

Physical assistance in marking ballots.

A voter who claims a need for
assistance because of inability to read English or physical inability to mark a ballot may
obtain the aid of two election judges who are members of different major political parties.
The election judges shall mark the ballots as directed by the voter and in as secret a manner
as circumstances permit. A voter in need of assistance may alternatively obtain the assistance
of any individual the voter chooses. Only the following persons may not provide assistance
to a voter: the voter's employer, an agent of the voter's employer, new text begin or new text end an officer or agent of
the voter's uniondeleted text begin , or a candidate for electiondeleted text end . The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
as directed by the voter. deleted text begin No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election.
deleted text end Before the ballots
are deposited, the voter may show them privately to an election judge to ascertain that they
are marked as the voter directed. An election judge or other individual assisting a voter shall
not in any manner request, persuade, induce, or attempt to persuade or induce the voter to
vote for any particular political party or candidate. The election judges or other individuals
who assist the voter shall not reveal to anyone the name of any candidate for whom the
voter has voted or anything that took place while assisting the voter.

Sec. 48.

Minnesota Statutes 2022, section 204C.24, subdivision 1, is amended to read:


Subdivision 1.

Information requirements.

Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall contain
the following information for each kind of ballot:

(1) the number of ballots delivered to the precinct as adjusted by the actual count made
by the election judges, the number of unofficial ballots made, and the number of absentee
ballots delivered to the precinct;

(2) the number of votes each candidate received or the number of yes and no votes on
each question, the number of undervotes, the number of overvotes, and the number of
defective ballots with respect to each office or question;

(3) the number of spoiled ballots, the number of duplicate ballots made, the number of
absentee ballots rejected, and the number of unused ballots, presuming that the total count
provided on each package of unopened prepackaged ballots is correct;

(4) the number of individuals who voted at the election in the precinct which must equal
the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86,
subdivision 1
;

(5) the number of voters registering on election day in that precinct; deleted text begin and
deleted text end

(6) the signatures of the election judges who counted the ballots certifying that all of the
ballots cast were properly piled, checked, and counted; and that the numbers entered by the
election judges on the summary statements correctly show the number of votes cast for each
candidate and for and against each questiondeleted text begin .deleted text end new text begin ;
new text end

new text begin (7) the number of election judges that worked in that precinct on election day; and
new text end

new text begin (8) the number of voting booths used in that precinct on election day.
new text end

At least two copies of the summary statement must be prepared for elections not held
on the same day as the state elections.

Sec. 49.

Minnesota Statutes 2022, section 204C.28, subdivision 1, is amended to read:


Subdivision 1.

County auditor.

new text begin (a) new text end Every county auditor deleted text begin shalldeleted text end new text begin mustnew text end remain at the
auditor's office to receive delivery of the returns, to permit public inspection of the summary
statements, and to tabulate the votes until all have been tabulated and the results made
known, or until 24 hours have elapsed since the end of the hours for voting, whichever
occurs first. Every county auditor deleted text begin shalldeleted text end new text begin mustnew text end , in the presence of the municipal clerk or the
election judges who deliver the returns, make a record of all materials delivered, the time
of delivery, and the names of the municipal clerk or election judges who made delivery.
The record must include the number of ballots delivered to the precinct, as certified by
section 204B.28, and the total number of ballots returned, as certified by the election judges
under section 204C.24. A discrepancy between the number of ballots delivered to the precinct
and the number of total ballots returned by election judges that cannot be reconciled by
taking into account the adjustments made by the election judge counts and any unofficial
ballots must be noted, but does not necessarily require disqualification of the votes from
that precinct or invalidation of the election. The county auditor deleted text begin shalldeleted text end new text begin mustnew text end file the record
and all envelopes containing ballots in a safe and secure place with envelope seals unbroken.
Access to the record and ballots deleted text begin shalldeleted text end new text begin mustnew text end be strictly controlled. Accountability and a record
of access deleted text begin shalldeleted text end new text begin mustnew text end be maintained by the county auditor during the period for contesting
elections or, if a contest is filed, until the contest has been finally determined. Thereafter,
the record deleted text begin shalldeleted text end new text begin mustnew text end be retained in the auditor's office for the same period as the ballots as
provided in section 204B.40.

new text begin (b) new text end The county auditor deleted text begin shalldeleted text end new text begin mustnew text end file all envelopes containing ballots in a safe place
with seals unbroken. If the envelopes deleted text begin were previouslydeleted text end new text begin arenew text end opened by proper authority for
examination or recountnew text begin as specifically authorized by a court or statutenew text end , the county auditor
deleted text begin shalldeleted text end new text begin mustnew text end have the envelopes sealed again and signed by the individuals who made the
inspection or recount. The envelopes may be opened by the county deleted text begin canvassing boarddeleted text end new text begin auditornew text end
if necessary to procure election returns that the election judges inadvertently may have
sealed in the envelopes with the ballots. In that case, the envelopes deleted text begin shalldeleted text end new text begin mustnew text end be sealed
again and signed in the same manner as otherwise provided in this subdivision.

Sec. 50.

Minnesota Statutes 2022, section 204C.35, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Challenged ballots. new text end

new text begin Notwithstanding any law to the contrary, a canvassing
board may direct a recount official to make images of ballots challenged by a candidate in
a recount available to the public.
new text end

Sec. 51.

Minnesota Statutes 2022, section 204C.39, subdivision 1, is amended to read:


Subdivision 1.

Manner of correction.

A county canvassing board may determine by
majority vote that the election judges have made an obvious error in counting or recording
the votes for an office. The county canvassing board shall then promptly notify all candidates
for that office of the determination, including a description of the error. deleted text begin A candidate who
deleted text end deleted text begin receives notification pursuant to this subdivision or any candidate who believes that the
deleted text end deleted text begin election judges in a precinct have made an obvious error in the counting or recording of the
deleted text end deleted text begin votes for an office maydeleted text end new text begin The county canvassing board must also instruct the county auditor
to
new text end apply without unreasonable delay to the district court of the county containing the precinct
in which the alleged error was made for an order determining whether or not an obvious
error has been made. The deleted text begin applicantdeleted text end new text begin auditornew text end shall describe the alleged error in the application
and may submit additional evidence as directed by the court. The deleted text begin applicantdeleted text end new text begin auditornew text end shall
notify the county canvassing board and all candidates for the affected office in the manner
directed by the court. If the court finds that the election judges made an obvious error it
shall issue an order specifying the error and directing the county canvassing board to inspect
the ballots and returns of the precinct in order to correct the error and to proceed further in
accordance with this section or otherwise as the court may direct.

Sec. 52.

Minnesota Statutes 2022, section 204D.08, subdivision 6, is amended to read:


Subd. 6.

State and county nonpartisan primary ballot.

The state and county nonpartisan
primary ballot shall be headed "State and County Nonpartisan Primary Ballot." It shall be
printed in the manner provided in the rules of the secretary of state. The names of candidates
for nomination to the supreme court, court of appeals, district court, deleted text begin anddeleted text end all county officesnew text begin ,
all city offices, and all school district offices
new text end shall be placed on this ballot.

No candidate whose name is placed on the state and county nonpartisan primary ballot
shall be designated or identified as the candidate of any political party or in any other manner
except as expressly provided by law.

Sec. 53.

Minnesota Statutes 2022, section 204D.09, subdivision 2, is amended to read:


Subd. 2.

Sample ballot.

At least 46 days before the state primary the county auditor
deleted text begin shalldeleted text end new text begin mustnew text end prepare a sample ballot for each precinct for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state. The names of the candidates
to be voted for in the county deleted text begin shalldeleted text end new text begin mustnew text end be placed on the sample ballots, with the names of
the candidates for each office arranged in the base rotation as determined by section 206.61,
subdivision 5
. The county auditor deleted text begin shalldeleted text end new text begin mustnew text end post the sample ballots in a conspicuous place
in the auditor's office deleted text begin and shall cause them to be publisheddeleted text end new text begin .new text end At least one week before the
state primarynew text begin , the county auditor must publish a notice to voters pursuant to section 204D.16new text end
in at least one newspaper of general circulation in the county.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2023, or upon the secretary of
state's approval of the notice required by section 204D.16, paragraph (b), whichever is
earlier. The secretary of state must notify the revisor of statutes of the approval date.
new text end

Sec. 54.

Minnesota Statutes 2022, section 204D.16, is amended to read:


204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.

new text begin (a) new text end At least 46 days before the state general election, the county auditor deleted text begin shalldeleted text end new text begin mustnew text end post
sample ballots for each precinct in the auditor's office for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state.

new text begin (b)new text end No earlier than deleted text begin 15deleted text end new text begin 20new text end days and no later than deleted text begin twodeleted text end new text begin tennew text end days before the state general
election the county auditor deleted text begin shalldeleted text end new text begin mustnew text end cause a deleted text begin sample state general election ballotdeleted text end new text begin notice to
voters
new text end to be published in at least one newspaper of general circulation in the county.new text begin The
secretary of state, in collaboration with stakeholders, must design the notice to be published,
including the format and content to be used. The secretary of state, in collaboration with
stakeholders, may modify the content or format of the notice to be used by metropolitan
counties, as defined in section 473.121, subdivision 4. When published, the notice must be
sized so that it comprises a minimum of one full newspaper page.
new text end

new text begin (c) The notice required by paragraph (b) must, at minimum, include the following:
new text end

new text begin (1) a statement that the voter's official ballot will have the names of all candidates for
the voter's precinct;
new text end

new text begin (2) the web address where a voter may view the voter's sample ballot based on the voter's
address;
new text end

new text begin (3) the county's website where a list of sample ballots for each county precinct may be
viewed;
new text end

new text begin (4) how a voter may obtain a free copy of a sample ballot specific to the voter's address;
and
new text end

new text begin (5) contact information for the appropriate local election official, including a phone
number and email address.
new text end

new text begin The notice may include information about contests on the ballot; names, offices, and party
affiliation, if any, of candidates; poling place locations; poll hours; and absentee voting
information.
new text end

new text begin (d) For purposes of this section, "stakeholder" means local government election officials
and representatives of the Minnesota Newspaper Association.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2023, or upon the secretary of
state's approval of the notice required by section 204D.16, paragraph (b), whichever is
earlier. The secretary of state must notify the revisor of statutes of the approval date.
new text end

Sec. 55.

Minnesota Statutes 2022, section 204D.19, subdivision 2, is amended to read:


Subd. 2.

Special election when legislature will be in session.

Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the deleted text begin 40thdeleted text end new text begin 54thnew text end day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so that
the individual elected as provided by this section could take office and exercise the duties
of the office immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as
soon as possible, consistent with the notice requirements of section 204D.22, subdivision
3
, but in no event more than deleted text begin 35deleted text end new text begin 49new text end days after the issuance of the writ. deleted text begin A special election
deleted text end deleted text begin must not be held during the four days before or the four days after a holiday as defined in
deleted text end deleted text begin section deleted text end deleted text begin 645.44, subdivision 5deleted text end deleted text begin .
deleted text end

Sec. 56.

Minnesota Statutes 2022, section 204D.22, subdivision 3, is amended to read:


Subd. 3.

Notice of special election.

The county auditor of a county in which a special
election is to be held shall direct the clerk of each municipality in which the election is to
be held to post a notice of the special primary and special election at least deleted text begin sevendeleted text end new text begin 14new text end days
before the special primary and at least deleted text begin 14deleted text end new text begin 21new text end days before the special election in the manner
provided in sections 204B.33 and 204B.34. If the special primary is to be held deleted text begin 14deleted text end new text begin 21new text end days
before the special election, a single notice of both elections may be posted seven days before
the primary.

When the special primary or special election is to be held on the same day as any other
election, notice of the special primary or special election may be included in the notice of
the other election, if practicable.

Sec. 57.

Minnesota Statutes 2022, section 204D.23, subdivision 2, is amended to read:


Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and petitions
shall be filed no later than deleted text begin 14deleted text end new text begin 21new text end days before the special primary.

Sec. 58.

Minnesota Statutes 2022, section 204D.25, subdivision 1, is amended to read:


Subdivision 1.

Form.

Except as provided in subdivision 2, the county auditor deleted text begin shalldeleted text end new text begin mustnew text end
prepare separate ballots for a special primary and special election as required by sections
204D.17 to 204D.27. The ballots deleted text begin shalldeleted text end new text begin mustnew text end be headed "Special Primary Ballot" or "Special
Election Ballot" as the case may be, followed by the date of the special primary or special
election. Immediately below the title of each office to be filled deleted text begin shalldeleted text end new text begin mustnew text end be printed the
words "To fill vacancy in term expiring ..........," with the date of expiration of the term and
any other information that is necessary to distinguish the office from any other office to be
voted upon at the same election. For a special primary or special election, the instructions
to voters may use the singular form of the word when referring to candidates and offices
when only one office is to be filled at the special election. Otherwise the form of the ballots
deleted text begin shalldeleted text end new text begin mustnew text end comply as far as practicable with the laws relating to ballots for state primaries
and state general elections. The county auditor deleted text begin shalldeleted text end new text begin mustnew text end post a sample of each ballot in
the auditor's office as soon as prepared and not later than four days before the special primary
or special election. Publication of deleted text begin the sample ballotdeleted text end new text begin notice to voters pursuant to section
204D.16
new text end for a special primary or special election is not required.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2023, or upon the secretary of
state's approval of the notice required by section 204D.16, paragraph (b), whichever is
earlier. The secretary of state must notify the revisor of statutes of the approval date.
new text end

Sec. 59.

Minnesota Statutes 2022, section 205.13, subdivision 5, is amended to read:


Subd. 5.

Nominating petition; cities of the first class.

A nominating petition filed on
behalf of a candidate for municipal office in a city of the first class shall be signed by eligible
voters who deleted text begin residedeleted text end new text begin maintain residencenew text end in the election district from which the candidate is to
be elected. The number of signers shall be at least 500, or two percent of the total number
of individuals who voted in the municipality, ward, or other election district at the last
preceding municipal general election, whichever is greater.

Sec. 60.

Minnesota Statutes 2022, section 205.16, subdivision 2, is amended to read:


Subd. 2.

Sample ballot, publication.

For every municipal election, the municipal clerk
deleted text begin shalldeleted text end new text begin mustnew text end , at least two weeks before the election, publish a deleted text begin sample ballotdeleted text end new text begin notice to voters
pursuant to section 204D.16
new text end in the official newspaper of the municipality, except that the
governing body of a fourth class city or a town not located within a metropolitan county as
defined in section 473.121 may dispense with publication.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2023, or upon the secretary of
state's approval of the notice required by section 204D.16, paragraph (b), whichever is
earlier. The secretary of state must notify the revisor of statutes of the approval date.
new text end

Sec. 61.

Minnesota Statutes 2022, section 205.175, subdivision 3, is amended to read:


Subd. 3.

Other municipalities.

The governing body of a municipality other than a
municipality described in subdivision 2, may by resolution adopted prior to giving notice
of the election, designate the time, in addition to the minimum voting hours provided in
subdivision 1, during which the polling places will remain open for voting at the next
succeeding and all subsequent municipal elections. The resolution shall remain in force
until it is revoked by the municipal governing body or changed because of request by voters
as provided in this subdivision. If a petition requesting longer voting hours, signed by a
number of voters equal to 20 percent of the votes cast at the last municipal election, is
presented to the municipal clerk no later than 30 days prior to the municipal election, then
the polling places for that election shall open at 10:00 a.m. and close at 8:00 p.m. The
municipal clerk shall give ten days' notice of the changed voting hours and notify the county
auditor new text begin and secretary of state new text end of the change. Municipalities covered by this subdivision shall
certify their election hours to the county auditor in January of each year.

Sec. 62.

Minnesota Statutes 2022, section 205A.09, subdivision 2, is amended to read:


Subd. 2.

Other school districts.

At a school district election in a school district other
than one described in subdivision 1, the school board, by resolution adopted before giving
notice of the election, may designate the time during which the polling places will remain
open for voting at the next succeeding and all later school district elections. All polling
places must be open between the hours of 5:00 p.m. and 8:00 p.m. The resolution must
remain in force until it is revoked by the school board or changed because of request by
voters as provided in this subdivision. If a petition requesting longer voting hours, signed
by a number of voters equal to 20 percent of the votes cast at the last school district election,
is presented to the school district clerk no later than 30 days before a school district election,
then the polling places for that election must open at 10:00 a.m. and close at 8:00 p.m. The
school district clerk must give ten days' published notice and posted notice of the changed
voting hours and notify appropriate county auditors new text begin and the secretary of state new text end of the change.

Sec. 63.

Minnesota Statutes 2022, section 205A.10, subdivision 5, is amended to read:


Subd. 5.

School district canvassing board.

For the purpose of a recount of a special
election conducted under section 126C.17, subdivision 9, or 475.59, the school district
canvassing board shall consist of one member of the school board other than the clerk,
selected by the board, the clerk of the school board, the county auditor of the county in
which the greatest number of school district residents deleted text begin residedeleted text end new text begin maintain residencenew text end , the court
administrator of the district court of the judicial district in which the greatest number of
school district residents deleted text begin residedeleted text end new text begin maintain residencenew text end , and the mayor or chair of the town board
of the school district's most populous municipality. Any member of the canvassing board
may appoint a designee to appear at the meeting of the board, except that no designee may
be a candidate for public office. If one of the individuals fails to appear at the meeting of
the canvassing board, the county auditor shall appoint an eligible voter of the school district,
who must not be a member of the school board, to fill the vacancy. Not more than two
school board members shall serve on the canvassing board at one time. Four members
constitute a quorum.

The school board shall serve as the school district canvassing board for the election of
school board members.

Sec. 64.

Minnesota Statutes 2022, section 205A.12, subdivision 5, is amended to read:


Subd. 5.

Board elections.

If the proposal for the establishment of election districts is
approved by the voters, the board shall specify the election districts from which vacancies
shall be filled as they occur until such time as each board member represents an election
district. A candidate for school board in a subsequent election must file an affidavit of
candidacy to be elected as a school board member for the election district in which the
candidate deleted text begin residesdeleted text end new text begin maintains residencenew text end . If there are as many election districts as there are
members of the board, one and only one member of the board shall be elected from each
election district. In school districts where one or more board members are elected by election
districts, candidates must indicate on the affidavit of candidacy the number of the district
from which they seek election or, if appropriate, that they seek election from one of the
offices elected at large. If the election districts have two or three members each, the terms
of the members must be staggered. Each board member must be a resident of the election
district for which elected but the creation of an election district or a change in election
district boundaries shall not disqualify a board member from serving for the remainder of
a term.

Sec. 65.

Minnesota Statutes 2022, section 206.58, subdivision 1, is amended to read:


Subdivision 1.

Municipalities.

new text begin (a) new text end The governing body of a municipality, at a regular
meeting or at a special meeting called for the purpose, may provide for the use of an
electronic voting system in one or more precincts and at all elections in the precincts, subject
to approval by the county auditor. new text begin Once a municipality has adopted the use of an electronic
voting system in one or more precincts, the municipality must continue to use an electronic
voting system for state elections in those precincts.
new text end The governing body deleted text begin shalldeleted text end new text begin mustnew text end
disseminate information to the public about the use of a new voting system at least 60 days
prior to the election and deleted text begin shalldeleted text end new text begin mustnew text end provide for instruction of voters with a demonstration
voting system in a public place for the six weeks immediately prior to the first election at
which the new voting system will be used.

deleted text begin No system may be adopted or useddeleted text end new text begin (b) A municipality must not adopt or use a systemnew text end
unless it has been approved by the secretary of state pursuant to section 206.57.

Sec. 66.

Minnesota Statutes 2022, section 206.58, subdivision 3, is amended to read:


Subd. 3.

Counties.

new text begin (a) new text end The governing body of a county may provide for the use of an
electronic voting system in one or more precincts of the county at all elections. new text begin Once a
county has adopted the use of an electronic voting system in one or more precincts, the
county must continue to use an electronic voting system for state elections in those precincts.
new text end The governing body of the municipality deleted text begin shalldeleted text end new text begin mustnew text end give approval before an electronic voting
system may be adopted or used in the municipality under the authority of this section.

deleted text begin No system may be adopted or useddeleted text end new text begin (b) A county must not adopt or use a systemnew text end unless
it has been approved by the secretary of state pursuant to section 206.57.

Sec. 67.

Minnesota Statutes 2022, section 206.845, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Cast vote records. new text end

new text begin After the municipal clerk or county auditor has received
data from automatic tabulating equipment, textual data from the file is public, with the
following exceptions, which are protected nonpublic data under section 13.02:
new text end

new text begin (1) data that indicate the date, time, or order in which a voter cast a ballot;
new text end

new text begin (2) data that indicate the method with which a voter cast a ballot;
new text end

new text begin (3) data files that do not include all ballots cast in a precinct;
new text end

new text begin (4) data files that provide data in the order it was generated; and
new text end

new text begin (5) data from precincts in which fewer than ten votes were cast.
new text end

new text begin Data stored as images are protected nonpublic data under section 13.02.
new text end

Sec. 68.

Minnesota Statutes 2022, section 207A.12, is amended to read:


207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

(a) Except as otherwise provided by law, the presidential nomination primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.

(b) An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. The voter must request the
ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section
204C.18, subdivision 1, the election judge must record in the polling place roster the name
of the political party whose ballot the voter requested. When posting voter history pursuant
to section 201.171, the county auditor must include the name of the political party whose
ballot the voter requested. The political party ballot selected by a voter is private data on
individuals as defined under section 13.02, subdivision 12, except as provided in section
201.091, subdivision 4a.new text begin A voter eligible to cast a ballot as provided in section 5B.06 must
be permitted to cast a ballot at the presidential nomination primary consistent with the
requirements of that section.
new text end

(c) Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.

(d) The results of the presidential nomination primary must bind the election of delegates
in each party.

Sec. 69.

Minnesota Statutes 2022, section 207A.13, subdivision 2, is amended to read:


Subd. 2.

Candidates on the ballot.

(a) Each party participating in the presidential
nomination primary must determine which candidates are to be placed on the presidential
nomination primary ballot for that party. The chair of each participating party must submit
to the secretary of state the names of the candidates to appear on the ballot for that party no
later than 63 days before the presidential nomination primary. Once submitted, changes
must not be made to the candidates that will appear on the ballot.

(b) No later than the deleted text begin seventhdeleted text end new text begin 14thnew text end day before the presidential nomination primary, the
chair of each participating party must submit to the secretary of state the names of write-in
candidates, if any, to be counted for that party.

Sec. 70.

Minnesota Statutes 2022, section 207A.15, subdivision 2, is amended to read:


Subd. 2.

Reimbursable local expenses.

(a) The secretary of state deleted text begin shalldeleted text end new text begin mustnew text end reimburse
the counties and municipalities for expenses incurred in the administration of the presidential
nomination primary from money contained in the presidential nomination primary elections
account. The following expenses are eligible for reimbursement: preparation and printing
of ballots; postage for absentee ballots; publication of deleted text begin the sample ballotdeleted text end new text begin notice to voters
pursuant to section 204D.16
new text end ; preparation of polling places in an amount not to exceed $150
per polling place; preparation of electronic voting systems in an amount not to exceed $100
per precinct; compensation for temporary staff or overtime payments; salaries of election
judges; compensation of county canvassing board members; and other expenses as approved
by the secretary of state.

(b) Within 60 days after the results of a presidential nomination primary are certified
by the State Canvassing Board, the county auditor must submit a request for payment of
the costs incurred by the county for conducting the presidential nomination primary, and
the municipal clerk must submit a request for payment of the costs incurred by the
municipality for conducting the presidential nomination primary. The request for payment
must be submitted to the secretary of state, and must be accompanied by an itemized
description of actual county or municipal expenditures, including copies of invoices. In
addition, the county auditor or municipal clerk must certify that the request for reimbursement
is based on actual costs incurred by the county or municipality in the presidential nomination
primary.

(c) The secretary of state deleted text begin shalldeleted text end new text begin mustnew text end provide each county and municipality with the
appropriate forms for requesting payment and certifying expenses under this subdivision.
The secretary of state must not reimburse expenses unless the request for payment and
certification of costs has been submitted as provided in this subdivision. The secretary of
state must complete the issuance of reimbursements to the counties and municipalities no
later than 90 days after the results of the presidential nomination primary have been certified
by the State Canvassing Board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2023, or upon the secretary of
state's approval of the notice required by section 204D.16, paragraph (b), whichever is
earlier. The secretary of state must notify the revisor of statutes of the approval date.
new text end

Sec. 71.

Minnesota Statutes 2022, section 209.021, subdivision 2, is amended to read:


Subd. 2.

Notice filed with court.

If the contest relates to a nomination or election for
statewide office, the contestant shall file the notice of contest with the court administrator
of District Court in Ramsey County. For contests relating to any other office, the contestant
shall file the notice of contest with the court administrator of district court in the county
where the contestee deleted text begin residesdeleted text end new text begin maintains residencenew text end .

If the contest relates to a constitutional amendment, the contestant shall file the notice
of contest with the court administrator of District Court in Ramsey County. If the contest
relates to any other question, the contestant shall file the notice of contest with the court
administrator of district court for the county or any one of the counties where the question
appeared on the ballot.

Sec. 72.

Minnesota Statutes 2022, section 211B.15, subdivision 8, is amended to read:


Subd. 8.

Permitted activity; political party.

It is not a violation of this section for a
political party, as defined in section 200.02, subdivision deleted text begin 7deleted text end new text begin 6new text end , to form a nonprofit corporation
for the sole purpose of holding real property to be used exclusively as the party's
headquarters.

Sec. 73.

Minnesota Statutes 2022, section 367.03, subdivision 6, is amended to read:


Subd. 6.

Vacancies.

(a) When a vacancy occurs in a town office, the town board shall
fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed
shall hold office until the next annual town election, when a successor shall be elected for
the unexpired term.

(b) When a vacancy occurs in a town office:

(1) with more than one year remaining in the term; and

(2) on or after the 14th day before the first day to file an affidavit of candidacy for the
town election;

the vacancy must be filled by appointment. The person appointed serves until the next annual
town election following the election for which affidavits of candidacy are to be filed, when
a successor shall be elected for the unexpired term.

(c) A vacancy in the office of supervisor must be filled by an appointment committee
comprised of the remaining supervisors and the town clerk.

(d) Any person appointed to fill the vacancy in the office of supervisor must, upon
assuming the office, be an eligible voter, be 21 years of age, and have deleted text begin resideddeleted text end new text begin maintained
residence
new text end in the town for at least 30 days.

(e) When, because of a vacancy, more than one supervisor is to be chosen at the same
election, candidates for the offices of supervisor shall file for one of the specific terms being
filled.

(f) When, for any reason, the town board or the appointment committee fails to fill a
vacancy in the position of an elected town officer by appointment, a special election may
be called. To call a special election, the supervisors and town clerk, or any two of them
together with at least 12 other town freeholders, must file a statement in the town clerk's
office. The statement must tell why the election is called and that the interests of the town
require the election. When the town board or the appointment committee fails to fill a
vacancy by appointment, a special town election may also be called on petition of 20 percent
of the electors of the town. The percentage is of the number of voters at the last general
election. A special town election must be conducted in the manner required for the annual
town election.

(g) Law enforcement vacancies must be filled by appointment by the town board.

Sec. 74.

Minnesota Statutes 2022, section 447.32, subdivision 4, is amended to read:


Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a candidate
for the hospital board shall file an affidavit of candidacy for the election either as member
at large or as a member representing the city or town where the candidate deleted text begin residesdeleted text end new text begin maintains
residence
new text end . The affidavit of candidacy must be filed with the city or town clerk not more
than 98 days nor less than 84 days before the first Tuesday after the first Monday in
November of the year in which the general election is held. The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital district or, for the first election,
the clerk of the most populous city or town immediately after the last day of the filing period.
A candidate may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of
candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,
necessary ballots for the election of officers. Ballots must be prepared as provided in the
rules of the secretary of state. The ballots must be marked and initialed by at least two judges
as official ballots and used exclusively at the election. Any proposition to be voted on may
be printed on the ballot provided for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206. Enough election judges may be
appointed to receive the votes at each polling place. The election judges shall act as clerks
of election, count the ballots cast, and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the candidate
who received the largest number of votes cast for each office. The clerk shall deliver the
certificate to the person entitled to it in person or by certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within 30 days after the
date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective
if made before the board acts to fill the vacancy.