Minnesota Legislature
HF 3683
as introduced - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:27pm
Current Version - as introduced
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A bill for an act
relating to elections; modifying certain voting and election record provisions;
amending Minnesota Statutes 2020, sections 201.091, subdivision 5; 201.171;
204C.32, subdivision 1; 204C.33, subdivision 1; 209.021, subdivisions 1, 3;
Minnesota Statutes 2021 Supplement, sections 203B.08, subdivision 1; 204B.40;
repealing Minnesota Statutes 2021 Supplement, section 203B.082.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 201.091, subdivision 5, is amended to read:
Subd. 5.
Copy of list to registered voter.
The county auditors and the secretary of state
shall provide copies of the public information lists in electronic or other media to any voter
registered in Minnesota within ten days of receiving a written or electronic request
accompanied by payment of the cost of reproduction. The county auditors and the secretary
of state shall make a copy of the list new text begin of active and inactive registrations new text end available for public
inspection without cost. An individual who inspects or acquires a copy of a public information
list may not use any information contained in it for purposes unrelated to elections, political
activities, or law enforcement.
Sec. 2.
Minnesota Statutes 2020, section 201.171, is amended to read:
201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION
REMOVED.
Within deleted text begin six weeksdeleted text end new text begin three daysnew text end after every election, the county auditor shall post the voting
history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the preceding four
years. The secretary of state shall perform list maintenance by changing the status of those
registrants to "inactive" in the statewide registration system. The list maintenance performed
must be conducted in a manner that ensures that the name of each registered voter appears
in the official list of eligible voters in the statewide registration system. A voter must not
be removed from the official list of eligible voters unless the voter is not eligible or is not
registered to vote. List maintenance must include procedures for eliminating duplicate names
from the official list of eligible voters.
The secretary of state shall also prepare a report to the county auditor containing the
names of all registrants whose status was changed to "inactive."
Registrants whose status was changed to "inactive" must register in the manner specified
in section 201.054 before voting in any primary, special primary, general, school district,
or special election, as required by section 201.018.
Although not counted in an election, a late or rejected absentee or mail ballot must be
considered a vote for the purpose of continuing registration under this section, but is not
considered voting history for the purpose of public information lists available under section
201.091, subdivision 4.
Sec. 3.
Minnesota Statutes 2021 Supplement, 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 ballotsdeleted text begin ,deleted text end new text begin ornew text end may be left with the
county auditor or municipal clerk who transmitted the absentee ballots to the voterdeleted text begin , or may
be left in a drop box as provided in section 203B.082deleted text end . If delivered in person, the return
envelope must be submitted to the county auditor or municipal clerk by 3:00 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. 4.
Minnesota Statutes 2021 Supplement, section 204B.40, is amended to read:
204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.
The county auditors, municipal clerks, and school district clerks shall retain all election
materials returned to them after any election for at least 22 months from the date of that
election. All records and materials must be stored in a locked container or other secured
and locked space. All election materials involved in a contested election must be retained
for 22 months or until the contest has been finally determined, whichever is later. Abstracts
filed by canvassing boards shall be retained permanently by any officer with whom those
abstracts are filed. Election materials no longer required to be retained pursuant to this
section shall be deleted text begin disposed of in accordance with sections 138.163 to 138.21deleted text end new text begin transferred to
the Minnesota Historical Society for public access and reviewnew text end . Sealed envelopes containing
voted ballots must be retained unopened, except as provided in this section, in a secure
location. The county auditor, municipal clerk, or school district clerk shall not permit any
voted ballots to be tampered with or defaced.
After the time for filing a notice of contest for an election has passed, the secretary of
state may, for the purpose of monitoring and evaluating election procedures: (1) open the
sealed ballot envelopes and inspect the ballots for that election maintained by the county
auditors, municipal clerks, or school district clerks; (2) inspect the polling place rosters and
completed voter registration applications; or (3) examine other forms required in the
Minnesota election laws for use in the polling place. No inspected ballot or document may
be marked or identified in any manner. After inspection, all ballots must be returned to the
ballot envelope and the ballot envelope must be securely resealed. Any other election
materials inspected or examined must be secured or resealed. No polling place roster may
be inspected until the voting history for that precinct has been posted. No voter registration
application may be inspected until the information on it has been entered into the statewide
registration system.
Sec. 5.
Minnesota Statutes 2020, section 204C.32, subdivision 1, is amended to read:
Subdivision 1.
County canvass.
The county canvassing board shall meet at the county
auditor's office on either the second or third day following the state primary. After taking
the oath of office, the canvassing board shall publicly canvass the election returns delivered
to the county auditor. The board shall complete the canvass by the third day following the
state primary and shall promptly prepare and file with the county auditor a report that states:
(a) deleted text begin the number of individuals voting at the election in the county, and in each precinctdeleted text end new text begin
the name and address of all individuals voting in the election, sorted and counted for each
precinct, except that a Safe at Home participant under chapter 5B must be designated as
"Protected Voter, Nondisclosed Address"new text end ;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) for each major political party, the names of the candidates running for each partisan
office and the number of votes received by each candidate in the county and in each precinct;
(d) the names of the candidates of each major political party who are nominated; and
(e) the number of votes received by each of the candidates for nonpartisan office in each
precinct in the county and the names of the candidates nominated for nonpartisan office.
Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report for
state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.
Sec. 6.
Minnesota Statutes 2020, section 204C.33, subdivision 1, is amended to read:
Subdivision 1.
County canvass.
The county canvassing board shall meet at the county
auditor's office between the third and tenth days following the state general election. After
taking the oath of office, the board shall promptly and publicly canvass the general election
returns delivered to the county auditor. Upon completion of the canvass, the board shall
promptly prepare and file with the county auditor a report which states:
(a) deleted text begin the number of individuals voting at the election in the county and in each precinctdeleted text end new text begin
the name and address of all individuals voting in the election, sorted and counted for each
precinct, except that a Safe at Home participant under chapter 5B must be designated as
"Protected Voter, Nondisclosed Address"new text end ;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) the names of the candidates for each office and the number of votes received by each
candidate in the county and in each precinct;
(d) the number of votes counted for and against a proposed change of county lines or
county seat; and
(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.
The result of write-in votes cast on the general election ballots must be compiled by the
county auditor before the county canvass, except that write-in votes for a candidate for
federal, state, or county office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this duty or the
county auditor may appoint additional election judges for this purpose. The county auditor
may open the envelopes or containers in which the voted ballots have been sealed in order
to count and record the write-in votes and must reseal the voted ballots at the conclusion of
this process. The county auditor must prepare a separate report of votes received by precinct
for write-in candidates for federal, state, and county offices who have requested under
section 204B.09 that votes for those candidates be tallied.
Upon completion of the canvass, the county canvassing board shall declare the candidate
duly elected who received the highest number of votes for each county and state office voted
for only within the county. The county auditor shall transmit a certified copy of the county
canvassing board report for state and federal offices to the secretary of state by messenger,
express mail, or similar service immediately upon conclusion of the county canvass.
Sec. 7.
Minnesota Statutes 2020, section 209.021, subdivision 1, is amended to read:
Subdivision 1.
Manner; time; contents.
Service of a notice of contest must be made
in the same manner as the service of summons in civil actions. The notice of contest must
specify the grounds on which the contest will be made. The contestant shall serve notice of
the contest on the parties enumerated in this section. Except as provided in section 204D.27,
notice must be served and filed within deleted text begin fivedeleted text end new text begin 14new text end days after the canvass is completed in the
case of a primary or special primary or within deleted text begin sevendeleted text end new text begin 14new text end days after the canvass is completed
in the case of a special or general election. If a contest is based on a deliberate, serious, and
material violation of the election laws that was discovered from the statements of receipts
and disbursements required to be filed by candidates and committees, the action may be
commenced and the notice served and filed within deleted text begin tendeleted text end new text begin 14new text end days after the filing of the
statements in the case of a general or special election or within deleted text begin fivedeleted text end new text begin 14new text end days after the filing
of the statements in the case of a primary or special primary. If a notice of contest questions
only which party received the highest number of votes legally cast at the election, a contestee
who loses may serve and file a notice of contest on any other ground during the three days
following expiration of the time for appealing the decision on the vote count.
Sec. 8.
Minnesota Statutes 2020, section 209.021, subdivision 3, is amended to read:
Subd. 3.
Notice served on parties.
deleted text begin
In all contests relating to the nomination or election
of a candidate, the notice of contest must be served on the candidate who is the contestee,
a copy of the notice must be sent to the contestee's last known address by certified mail,
and a copy must be furnished to the official authorized to issue the certificate of election.
If personal or substituted service on the contestee cannot be made, an affidavit of the attempt
by the person attempting to make service and the affidavit of the person who sent a copy
of the notice to the contestee by certified mail is sufficient to confer jurisdiction upon the
court to decide the contest.
deleted text end
deleted text begin If the contest relates to a constitutional amendmentdeleted text end new text begin In all contestsnew text end , notice of contest must
be served on the secretary of state, who is the contestee. new text begin The secretary of state must notify
all candidates affected that a notice of contest has been served. new text end If a contest relates to a
question voted on within only one county, school district, or municipality, a copy of the
notice of contest must be served on the county auditor, clerk of the school district, or
municipal clerk, respectively, who is the contestee. If the contest is upon the question of
consolidation or reorganization of a school district, a copy of the notice of contest must be
served on the county auditor authorized by law to issue the order.
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2021 Supplement, section 203B.082,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 22-05862
203B.082 ABSENTEE BALLOT DROP BOXES; SECURITY AND INTEGRITY.
Subdivision 1.
Definition.
As used in this section, "drop box" means a secure receptacle or container established to receive completed absentee ballots 24 hours per day. Drop box does not include a receptacle or container maintained by the United States Postal Service, or a location at which a voter or an agent may return a completed absentee ballot by providing it directly to an employee of the county auditor or municipal clerk.
Subd. 2.
Minimum security and integrity standards.
The county auditor or municipal clerk may provide locations at which a voter may deposit a completed absentee ballot enclosed in the completed signature envelope in a secure drop box, consistent with the following security and integrity standards:
(1) each drop box must be continually recorded during the absentee voting period;
(2) each drop box must be designed to prevent an unauthorized person from moving, removing, or tampering with the drop box;
(3) each drop box placed in an outdoor location must be fastened to a building, bolted to a concrete pad, or otherwise attached to a similarly secure structure;
(4) ballots deposited in a drop box must be secured against access by any unauthorized person, and in the case of a drop box located in an outdoor location, the drop box must be secured against damage due to weather or other natural conditions;
(5) each drop box must contain signage or markings that:
(i) clearly identifies the drop box as an official absentee ballot return location; and
(ii) include the location and hours where an agent may return an absentee ballot;
(6) deposited ballots must be collected at least once per business day during the absentee voting period by the county auditor, municipal clerk, or an elections official trained by the county auditor or municipal clerk in the proper maintenance and handling of absentee ballots and absentee ballot drop boxes, and in the security measures used to protect absentee ballots; and
(7) ballots collected from each drop box must be properly date-stamped and stored in a locked ballot container or other secured and locked space consistent with any applicable laws governing the collection and storage of absentee ballots.
Subd. 3.
Publication of locations required.
(a) The county auditor or municipal clerk must provide a list of designated absentee ballot drop box locations to the secretary of state no later than 40 days prior to the start of the absentee voting period at every regularly scheduled primary or general election. The list must be published on the website of the county or municipality and on the website of the secretary of state at least 35 days prior to the start of the absentee voting period.
(b) The county auditor or municipal clerk must provide an updated list of designated absentee ballot drop box locations to the secretary of state no later than 20 days prior to the start of the absentee voting period at every regularly scheduled primary or general election, if any locations have changed or been added since submission of the list under paragraph (a). The list must be published on the website of the county or municipality and on the website of the secretary of state at least 15 days prior to the start of the absentee voting period.
Subd. 4.
Electioneering prohibited.
Section 211B.11 applies to conduct within 100 feet of an absentee ballot drop box established under this section.