HF 2200

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/01/2023 11:21am

A bill for an act
relating to state government; elections; requiring voting instructions and sample
ballots to be printed in languages other than English for certain designated precincts;
requiring multilingual election judges in certain precincts; requiring voting
instructions in certain languages other than English for use in in-person absentee
voting; amending Minnesota Statutes 2022, section 203B.081, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 204B; repealing
Minnesota Statutes 2022, section 204B.27, subdivision 11.

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

Section 1.

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 seven 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.

new text begin (f) The secretary of state must prepare voting instructions in languages other than English
for use by voters casting a ballot under this subdivision. At a minimum, the instructions
must be prepared and made available in print, electronic, and audio-visual formats in the
Spanish, Hmong, and Somali languages.
new text end

Sec. 2.

new text begin [204B.295] VOTING INSTRUCTIONS AND SAMPLE BALLOTS IN
LANGUAGES OTHER THAN ENGLISH; MULTILINGUAL ELECTION JUDGES.
new text end

new text begin Subdivision 1. new text end

new text begin Duty. new text end

new text begin The secretary of state or county auditor must contract with a
translator certified by the American Translators Association to develop voting instructions
and sample ballots in languages other than English, to be made available in polling places
during elections as required by this section. At a minimum, voting instructions and sample
ballots must be prepared and made available in print, electronic, and audio-visual formats
in the Spanish, Hmong, and Somali languages.
new text end

new text begin Subd. 2. new text end

new text begin Designation of language minority precincts. new text end

new text begin No later than 90 days before an
election, the secretary of state or county auditor, in consultation with the state demographer,
must determine the number of residents of voting age in each precinct who are members of
a language minority and who lack sufficient skills in English to vote without assistance.
new text end

new text begin Subd. 3. new text end

new text begin Translation required; designated election judges. new text end

new text begin (a) If the number of
residents determined under subdivision 2 equals three percent or more of the voting-age
residents of a precinct, or if interested citizens or organizations provide information that
gives the secretary of state or county auditor sufficient reason to believe a need exists, at
least two copies of the translated voting instructions and sample ballot must be provided to
each precinct.
new text end

new text begin (b) If the number of residents determined under subdivision 2 equals 20 percent or more
of the voting-age residents of a particular precinct, or if interested citizens or organizations
provide information that gives the secretary of state or county auditor sufficient reason to
believe a need exists, at least four copies of the translated voting instructions and sample
ballot must be provided to each precinct. In these precincts, at least one election judge
appointed under section 204B.22 must be certified by the American Translators Association
to translate in the applicable language. The election judge must wear a name tag or other
badge indicating the election judge's certification.
new text end

new text begin Subd. 4. new text end

new text begin Use of materials; notice required. new text end

new text begin The translated voting instructions and
sample ballots required by this section must be made available for use by voters as a reference
when completing and casting an official ballot. In addition to the number of copies required,
at least one sample ballot and set of instructions in each applicable language, along with a
notice written in that language indicating the availability of those materials, must be posted
in a conspicuous location in each polling place.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 204B.27, subdivision 11, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-00728

204B.27 DUTIES OF SECRETARY OF STATE.

Subd. 11.

Translation of voting instructions.

The secretary of state may develop voting instructions in languages other than English, to be posted and made available in polling places during elections. The state demographer shall determine and report to the secretary of state the languages that are so common in this state that there is a need for translated voting instructions.