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HF 3217

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 04:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to elections; prohibiting the collection of certain political party data at the
presidential nomination primary; amending Minnesota Statutes 2018, section
207A.14, subdivision 3; Minnesota Statutes 2019 Supplement, section 207A.12;
repealing Minnesota Statutes 2019 Supplement, section 201.091, subdivision 4a.

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

Section 1.

Minnesota Statutes 2019 Supplement, 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. deleted text begin Notwithstandingdeleted text end new text begin
Consistent withnew text end section 204C.18, subdivision 1, the election judge must new text begin not new text end record in the
polling place roster the name of the political party whose ballot the voter requested. deleted text begin 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.
deleted 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to a ballot provided to a voter on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2018, section 207A.14, subdivision 3, is amended to read:


Subd. 3.

Notice of primary to public.

At least 15 days before the date of the presidential
nomination primary, each municipal clerk shall post a public notice stating the date of the
presidential nomination primary, the location of each polling place in the municipality, the
hours during which the polling places in the municipality will be open, and information
about the requirements of section 207A.12, paragraph (b)deleted text begin , including a notice that the voter's
choice of a political party's ballot will be recorded and is public informationdeleted text end . The county
auditor shall post a similar notice in the auditor's office with information for any polling
places in unorganized territory in the county. The governing body of a municipality or
county may publish the notice in addition to posting it. Failure to give notice does not
invalidate the election.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3. new text begin POLITICAL PARTY DATA COLLECTED AT 2020 PRESIDENTIAL
NOMINATION PRIMARY.
new text end

new text begin (a) Notwithstanding any laws in effect at the time a presidential nomination primary
ballot was provided to a voter, the secretary of state, a county auditor, and any other election
official with responsibilities related to the administration of the presidential nomination
primary conducted in 2020 is prohibited from collecting, maintaining, sharing, or
disseminating data that indicates the party choice of identifiable voters who cast a ballot at
that primary. To the extent that these data were collected or recorded prior to the effective
date of this section, that data must be destroyed no later than ten days following the effective
date of this section. Until the data are destroyed, the data are private data on individuals as
defined in Minnesota Statutes, section 13.02, subdivision 12, and may not be used, shared,
or disseminated for any purpose.
 new text end

new text begin (b) This section does not prohibit a state or county canvassing board from publishing
aggregated data that reflects the results of the presidential nomination primary in a canvassing
report.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2019 Supplement, section 201.091, subdivision 4a, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively to January 1, 2020.
 new text end

APPENDIX

Repealed Minnesota Statutes: 20-6532

201.091 REGISTERED VOTER LISTS; REPORTS; REGISTRATION PLACES.

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 the list to the chair of each major political party.