HF 3024

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 05:08pm

A bill for an act
relating to elections; authorizing eligible voters to automatically receive an absentee
ballot prior to each election; establishing a system of early voting; appropriating
money; amending Minnesota Statutes 2020, sections 203B.001; 203B.01, by adding
a subdivision; 203B.03, subdivision 1; 203B.04, subdivision 5; 203B.05,
subdivision 1; 203B.06, subdivisions 1, 3; 203B.121, subdivisions 3, 5, by adding
a subdivision; 204B.28, subdivision 2; 206.82, subdivision 1; 206.83; Minnesota
Statutes 2021 Supplement, section 203B.121, subdivisions 1, 2, 4; proposing
coding for new law in Minnesota Statutes, chapter 203B.

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

Section 1.

Minnesota Statutes 2020, section 203B.001, is amended to read:

203B.001 ELECTION LAW APPLICABILITY.

The Minnesota Election Law is applicable to voting by absentee ballot new text begin and early voting new text end
unless otherwise provided in this chapter.

Sec. 2.

Minnesota Statutes 2020, section 203B.01, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Early voting. new text end

new text begin "Early voting" means voting in person before election day at the
office of the county auditor or designated municipal clerk, or at any other location designated
under section 203B.33, within the time period provided in section 203B.31.
new text end

Sec. 3.

Minnesota Statutes 2020, section 203B.03, subdivision 1, is amended to read:

Subdivision 1.

Violation.

(a) No individual shall intentionally:

(1) make or sign any false certificate required by this chapter;

(2) make any false or untrue statement in any application for absentee ballots;

(3) apply for absentee ballots more than once in any election with the intent to cast an
illegal ballot;

(4) exhibit a ballot marked by that individual to any other individual;

(5) do any act in violation of the provisions of this chapter for the purpose of casting an
illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

(6) use information from absentee ballot new text begin or early voting new text end materials or records for purposes
unrelated to elections, political activities, or law enforcement;

(7) provide assistance to an absentee new text begin or early new text end voter except in the manner provided by
section 204C.15, subdivision 1;

(8) solicit the vote of an absentee new text begin or early new text end voter while in the immediate presence of the
voter during the time the individual knows the absentee new text begin or early new text end voter is voting; or

(9) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.

(b) Before inspecting information from absentee ballot new text begin or early voting new text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.

Sec. 4.

Minnesota Statutes 2020, section 203B.04, subdivision 5, is amended to read:

Subd. 5.

Permanent absentee voter status.

(a) An eligible voter may apply to a county
auditor or municipal clerk to automatically receive an absentee ballot deleted text begin application deleted text end before
each election, other than an election by mail conducted under section 204B.45, and to have
the status as a permanent absentee voter indicated on the voter's registration record. An
eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws in
effect on that date, shall be treated as if the voter applied for status as a permanent absentee
voter pursuant to this subdivision.

(b) A voter who applies under paragraph (a) must automatically be provided an absentee
ballot deleted text begin application deleted text end for each eligible election. A voter's permanent absentee status ends and
automatic ballot deleted text begin application deleted text end delivery must be terminated on:

(1) the voter's written request;

(2) the voter's death;

(3) return of an absentee ballot as undeliverable; or

(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
registration system.

(c) The secretary of state shall adopt rules governing procedures under this subdivision.

new text begin (d) This subdivision does not apply to a voter residing in a jurisdiction that conducts
elections entirely by mail under section 204B.45.
new text end

Sec. 5.

Minnesota Statutes 2020, section 203B.05, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer the
provisions of sections 203B.04 to 203B.15 if:

(1) the county auditor of that county has designated the clerk to administer them; or

(2) the clerk has given the county auditor of that county notice of intention to administer
them.

The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.

A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 to 203B.35 new text end if the clerk has been
designated by each of the county auditors or has provided notice to each of the county
auditors that the city will administer absentee voting. A clerk may only administer the
provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the
statewide voter registration system in the secure manner prescribed by the secretary of state.
The secretary of state must identify hardware, software, security, or other technical
prerequisites necessary to ensure the security, access controls, and performance of the
statewide voter registration system. A clerk must receive training approved by the secretary
of state on the use of the statewide voter registration system before administering this section.
A clerk may not use the statewide voter registration system until the clerk has received the
required training. The county auditor must notify the secretary of state of any municipal
clerk who will be administering the provisions of this section and the duties that the clerk
will administer.

Sec. 6.

Minnesota Statutes 2020, section 203B.06, subdivision 1, is amended to read:

Subdivision 1.

Printing and delivery of forms.

Each county auditor and municipal
clerk shall prepare and print a sufficient number of blank application forms for absentee
ballots. The county auditor or municipal clerk shall deliver a blank application form to any
voter who requests one pursuant to section 203B.04. deleted text begin Blank application forms must be mailed
to eligible voters who have requested an application pursuant to section 203B.04, subdivision
5, at least 60 days before:
deleted text end

deleted text begin (1) each regularly scheduled primary for federal, state, county, city, or school board
office;
deleted text end

deleted text begin (2) each regularly scheduled general election for city or school board office for which
a primary is not held; and
deleted text end

deleted text begin (3) a special primary to fill a federal or county office vacancy or special election to fill
a federal or county office vacancy, if a primary is not required to be held pursuant to section
204D.03, subdivision 3, or 204D.07, subdivision 3; and
deleted text end

deleted text begin (4) any election held in conjunction with an election described in clauses (1) to (3);
deleted text end

deleted text begin or at least 45 days before any other primary or other election for which a primary is not
held.
deleted text end

Sec. 7.

Minnesota Statutes 2020, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) new text begin The county auditor or municipal clerk, or full-time
clerk of any city or town administering an election pursuant to section 203B.05, shall mail
absentee ballots to voters on the permanent absentee ballot list pursuant to section 203B.04,
subdivision 5. Absentee ballots must be mailed:
new text end

new text begin (1) at least 46 days before each regularly scheduled primary or general election for
federal, state, county, city, or school board office;
new text end

new text begin (2) at least 46 days before each special primary or special election to fill a federal, state,
county, city, or school board vacancy; and
new text end

new text begin (3) at least 30 days before a town general election held in March.
new text end

new text begin (b) new text end The commissioner of corrections must provide the secretary of state with a list of
the names and mailing addresses of state adult correctional facilities. An application for an
absentee ballot that provides an address included on the list provided by the commissioner
of corrections must not be accepted and an absentee ballot must not be provided to the
applicant. The county auditor or municipal clerk must promptly transmit a copy of the
application to the county attorney. The Department of Corrections must implement procedures
to ensure that absentee ballots issued under this chapter are not received or mailed by
offenders incarcerated at state adult correctional facilities.

deleted text begin (b) deleted text end new text begin (c) new text end If an application for absentee ballots is accepted at a time when absentee ballots
are not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the
voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been
designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter
who would have difficulty getting to the polls because of incapacitating health reasons, or
who is disabled, or who is a patient in 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.

deleted text begin (c) deleted text end new text begin (d) new text end If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
next election occurring after receipt of the application. Only one set of ballots may be mailed,
shipped, or delivered to an applicant for any election, except as provided in section 203B.121,
subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that
has been spoiled or lost in transit.

Sec. 8.

Minnesota Statutes 2021 Supplement, section 203B.121, subdivision 1, is amended
to read:

Subdivision 1.

Establishment; applicable laws.

(a) The governing body of each county,
municipality, and school district with responsibility to accept and reject absentee ballots new text begin or
to administer early voting new text end must, by ordinance or resolution, establish a ballot board. The
board must consist of a sufficient number of election judges appointed as provided in sections
204B.19 to 204B.22. The board may include deputy county auditors or deputy city clerks
who have received training in the processing and counting of absentee ballots. Each member
of the ballot board must be provided adequate training on the processing and counting of
absentee ballots, including but not limited to instruction on accepting and rejecting absentee
ballots, storage of absentee ballots, timelines and deadlines, the role of the ballot board,
procedures for opening absentee ballot envelopes, procedures for counting absentee ballots,
and procedures for reporting absentee ballot totals.

(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.

(c) Except as otherwise provided by this section, all provisions of the Minnesota Election
Law apply to a ballot board.

Sec. 9.

Minnesota Statutes 2021 Supplement, 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 new text begin or voter record new text end ;

(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
close of business on the seventh 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 e-mail 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. 10.

Minnesota Statutes 2020, section 203B.121, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Duties of ballot board; early voting. new text end

new text begin The members of the ballot board shall
administer the process of early voting as prescribed in section 203B.35 and shall make a
record of voters who cast ballots early and count those ballots as provided in subdivisions
4 and 5.
new text end

Sec. 11.

Minnesota Statutes 2020, 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 new text begin or that the voter
has cast a ballot pursuant to the early voting procedures provided in this chapter. A voter
whose record indicates that the voter has cast an early ballot must not be permitted to cast
another ballot in that election new text end . After the close of business on the deleted text begin seventh day before the
election deleted text end new text begin day prior to the beginning of the early voting period as provided in section 203B.31 new text end ,
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 deleted text begin or deleted text end new text begin , new text end state new text begin , or county new text end 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 new text begin and early new text end 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 close of business on
the seventh 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. 12.

Minnesota Statutes 2021 Supplement, section 203B.121, subdivision 4, is amended
to read:

Subd. 4.

Opening of envelopes.

After the close of business on the deleted text begin seventh day before
the election deleted text end new text begin day prior to the beginning of the early voting period as provided in section
203B.31 new text end , 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. 13.

Minnesota Statutes 2020, section 203B.121, subdivision 5, is amended to read:

Subd. 5.

Storage and counting of absentee new text begin and early voting new text end ballots.

(a) On a day on
which absentee new text begin or early voting new text end ballots are inserted into a ballot box, two members of the
ballot board must:

(1) remove the ballots from the ballot box at the end of the day;

(2) without inspecting the ballots, ensure that the number of ballots removed from the
ballot box is equal to the number of voters new text begin who cast early votes and new text end whose absentee ballots
were accepted that day; and

(3) seal and secure all voted and unvoted ballots present in that location at the end of
the day.

(b) After the polls have closed on election day, two members of the ballot board must
count the ballots, tabulating the vote in a manner that indicates each vote of the voter and
the total votes cast for each candidate or question. In state primary and state general elections,
the results must indicate the total votes cast for each candidate or question in each precinct
and report the vote totals tabulated for each precinct. The count must be recorded on a
summary statement in substantially the same format as provided in section 204C.26. The
ballot board shall submit at least one completed summary statement to the county auditor
or municipal clerk. The county auditor or municipal clerk may require the ballot board to
submit a sufficient number of completed summary statements to comply with the provisions
of section 204C.27, or the county auditor or municipal clerk may certify reports containing
the details of the ballot board summary statement to the recipients of the summary statements
designated in section 204C.27.

In state primary and state general elections, these vote totals shall be added to the vote
totals on the summary statements of the returns for the appropriate precinct. In other elections,
these vote totals may be added to the vote totals on the summary statement of returns for
the appropriate precinct or may be reported as a separate total.

The count shall be public. No vote totals from ballots may be made public before the
close of voting on election day.

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots
arrived after the rosters were marked or supplemental reports were generated and whose
ballots were accepted did not vote in person on election day. An absentee ballot submitted
by a voter who has voted in person on election day must be rejected. All other accepted
absentee ballots must be opened, duplicated if necessary, and counted by members of the
ballot board. The vote totals from these ballots must be incorporated into the totals with the
other absentee ballots and handled according to paragraph (b).

Sec. 14.

new text begin [203B.30] EARLY VOTING; APPLICABILITY.
new text end

new text begin (a) Any eligible voter may vote in person in a federal, state, or county election prior to
the date of the election, in the manner provided in sections 203B.31 to 203B.35.
new text end

new text begin (b) Subject to paragraph (c), for city elections not held in conjunction with a federal,
state, or county election, the city may authorize eligible voters to vote in the manner provided
in sections 203B.31 to 203B.35 upon resolution of the governing body of the city, adopted
prior to the first day for filing affidavits of candidacy for the election. In the case of a home
rule charter city, authorization may alternatively be made by amendment to the city's charter
for this purpose.
new text end

new text begin (c) A city may only authorize voting under sections 203B.31 to 203B.35 if the municipal
clerk has the technical capacity to access the statewide voter registration system in the secure
manner prescribed by the secretary of state. The secretary of state must identify hardware,
software, security, or other technical prerequisites necessary to ensure the security, access
controls, and performance of the statewide voter registration system. The clerk must receive
training approved by the secretary of state on the use of the statewide voter registration
system before administering voting authorized under paragraph (b). The clerk may not use
the statewide voter registration system until the clerk has received the required training.
The secretary of state may adopt rules using the exempt rulemaking procedure in section
14.386 as necessary to implement these requirements.
new text end

Sec. 15.

new text begin [203B.31] TIME PERIOD FOR EARLY VOTING.
new text end

new text begin Early voting must be available to any eligible voter as provided in section 203B.32 for
every primary, general, and special election subject to early voting under section 203B.30
from 30 days before the election through 5:00 p.m. on the day before the election. All voters
in line at 5:00 p.m. on the day before the election must be allowed to vote in the same manner
as provided in section 204C.05, subdivision 2.
new text end

Sec. 16.

new text begin [203B.32] HOURS FOR EARLY VOTING.
new text end

new text begin Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on each
weekday during the time period provided in section 203B.31, from 8:00 a.m. to 8:00 p.m.
on at least one weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays before the
election.
new text end

Sec. 17.

new text begin [203B.33] LOCATIONS FOR EARLY VOTING.
new text end

new text begin (a) Early voting must be made available at polling places designated in the county
auditor's offices in county-owned or operated buildings, at the municipal clerk's office in
every municipality that has been delegated the responsibility to administer absentee voting
as provided in section 203B.05 or that is conducting an election that includes early voting
as authorized in section 203B.30, and at any other county or city-owned or operated buildings
designated by the county auditor or municipal clerk. The county auditor or municipal clerk
must designate a sufficient number of locations to ensure that one polling place exists for
every 50,000 people in the county and that locations are geographically distributed to ensure
a reasonable opportunity for all eligible voters in the county to vote early. If a sufficient
number of county or city-owned buildings are not suitable for use as early voting locations,
the county auditor or municipal clerk may contract for the use of other suitable locations
that meet the standards required by law for operation of a polling place. At least one voting
station and one ballot marking device for disabled voters must be made available in each
polling place.
new text end

new text begin (b) The county auditor or municipal clerk must make an electronic ballot counter available
in each polling place.
new text end

new text begin (c) This section does not prohibit the county auditor from establishing additional polling
places, other than those required by paragraph (a), that are open for fewer than 46 days. If
a polling place is open fewer than 46 days before the election, the county auditor or municipal
clerk must post the polling place location and hours of operation on the jurisdiction's website
and must inform the secretary of state of the polling place's location and hours.
new text end

Sec. 18.

new text begin [203B.34] NOTICE TO VOTERS.
new text end

new text begin The county auditor or municipal clerk must prepare a notice to the voters of the days,
times, and locations for early voting. This notice must be posted on the county's website,
if applicable, and the website for each municipality in the county where an early voting
location is designated for the election at least 14 days before the first day for early voting.
If a county or municipality does not have a website, the county auditor or municipal clerk
must publish the notice at least once in the jurisdiction's official newspaper at least seven
days and not more than 14 days before the first day for early voting.
new text end

Sec. 19.

new text begin [203B.35] PROCEDURES FOR EARLY VOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Voting procedure. new text end

new text begin (a) Each voter shall sign the certificate provided in
section 204C.10. An individual who is not registered to vote must register in the manner
provided in section 201.061, subdivision 3.
new text end

new text begin (b) After the voter has signed the certificate, a member of the ballot board must provide
a ballot to the voter. Ballots must be prepared and distributed by members of the ballot
board in the manner provided in section 204C.09. The voter must mark the ballot and deposit
it in either a precinct voting system or a sealed ballot box. A voter may not leave the polling
place with the ballot.
new text end

new text begin Subd. 2. new text end

new text begin Processing of ballots. new text end

new text begin Ballots cast pursuant to sections 203B.30 to 203B.35
must be processed and counted by a ballot board.
new text end

Sec. 20.

Minnesota Statutes 2020, section 204B.28, subdivision 2, is amended to read:

Subd. 2.

Election supplies; duties of county auditors and clerks.

new text begin (a) new text end Except as
otherwise provided for absentee ballots new text begin in this section and new text end in section 204B.35, subdivision
4, the county auditor shall complete the preparation of the election materials for which the
auditor is responsible at least four days before every state primary and state general election.
At any time after all election materials are available from the county auditor but not later
than four days before the election each municipal clerk shall secure from the county auditor:

deleted text begin (a) deleted text end new text begin (1) new text end the forms that are required for the conduct of the election;

deleted text begin (b) deleted text end new text begin (2) new text end any printed voter instruction materials furnished by the secretary of state;

deleted text begin (c) deleted text end new text begin (3) new text end any other instructions for election officers; and

deleted text begin (d) deleted text end new text begin (4) new text end a sufficient quantity of the official ballots, registration files, envelopes for ballot
returns, and other supplies and materials required for each precinct in order to comply with
the provisions of the Minnesota Election Law. The county auditor may furnish the election
supplies to the municipal clerks in the same manner as the supplies are furnished to precincts
in unorganized territory pursuant to section 204B.29, subdivision 1.

new text begin (b) The county auditor must prepare and make available election materials for early
voting to city clerks designated to administer early voting under section 203B.05 at least
one day prior to the beginning of the early voting period as provided in section 203B.31.
new text end

Sec. 21.

Minnesota Statutes 2020, section 206.82, subdivision 1, is amended to read:

Subdivision 1.

Program.

A program or programs for use in an election conducted by
means of an electronic voting system or using an electronic ballot marker shall be prepared
at the direction of the county auditor or municipal clerk who is responsible for the conduct
of the election and shall be independently verified by a competent person designated by
that official. The term "competent person" as used in this section means a person who can
demonstrate knowledge as a computer programmer and who is other than and wholly
independent of any person operating or employed by the counting center or the corporation
or other preparer of the program. A test deck prepared by a competent person shall be used
for independent verification of the program; it shall test the maximum digits used in totaling
the returns and shall be usable by insertion during the tabulation process as well as prior to
tabulation. A test deck must also be prepared using the electronic ballot marker program
and must also be used to verify that all valid votes counted by the vote tabulator may be
selected using the electronic ballot marker. new text begin The computer program for any election and an
exact duplicate of the program for use as backup must be completed and delivered to the
election jurisdiction or the county auditor in charge of a common central counting center
at least 40 days prior to the election. new text end The secretary of state shall adopt rules further specifying
test procedures.

Sec. 22.

Minnesota Statutes 2020, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

deleted text begin Within 14 deleted text end new text begin At least 37 new text end days before election day, the official in charge of elections shall
have the voting system tested to ascertain that the system will correctly mark ballots using
all methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers.
The test must be observed by at least two election judges, who are not of the same major
political party, and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be conducted by (1) processing a preaudited group of
ballots punched or marked to record a predetermined number of valid votes for each candidate
and on each question, and must include for each office one or more ballot cards which have
votes in excess of the number allowed by law in order to test the ability of the voting system
tabulator and electronic ballot marker to reject those votes; and (2) processing an additional
test deck of ballots marked using the electronic ballot marker for the precinct, including
ballots marked using the electronic ballot display, audio ballot reader, and any assistive
voting technology used with the electronic ballot marker. If any error is detected, the cause
must be ascertained and corrected and an errorless count must be made before the voting
system may be used in the election. After the completion of the test, the programs used and
ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

Sec. 23. new text begin APPROPRIATION.
new text end

new text begin $184,000 in fiscal year 2023 is appropriated from the general fund to the secretary of
state for the purpose of implementing this act. The base for this appropriation is $37,000 in
fiscal year 2024, and $0 in fiscal year 2025 and thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 24. new text begin EFFECTIVE DATE; APPLICABILITY.
new text end

new text begin Except where otherwise provided, this act is effective and applies to elections held on
or after August 1, 2022. The provisions of this act related to early voting are effective when
the secretary of state has certified that:
new text end

new text begin (1) the statewide voter registration system has been tested and shown to properly allow
for the tracking of the information required to conduct early voting and can handle the
expected volume of use; and
new text end

new text begin (2) precinct voting equipment that can tabulate at least 30 different ballot styles has been
certified for use in this state. Upon certification pursuant to this section, the provisions of
this act related to early voting apply to all federal, state, and county elections held on August
1, 2022, and thereafter. A jurisdiction may implement the requirements of this act prior to
the date provided in this section if the secretary of state has made the required certifications
at least 90 days prior to the date of the election at which early voting will be used.
new text end