Minnesota Legislature
HF 4069
as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 11:56am
Current Version - as introduced
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A bill for an act
relating to elections; requiring election returns to be transported by a peace officer;
amending Minnesota Statutes 2016, sections 200.02, by adding a subdivision;
204C.27; 204C.28, subdivisions 1, 2; 204C.29, subdivision 1; 206.86, subdivisions
1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 200.02, is amended by adding a subdivision
to read:
new text begin Subd. 30. new text end
new text begin Peace officer. new text end
new text begin
"Peace officer" means any member of a police department,
State Patrol, game warden reserve, sheriff's office, or any other law enforcement agency,
the members of which have, by law, the power of arrest.
new text end
Sec. 2.
Minnesota Statutes 2016, section 204C.27, is amended to read:
204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
deleted text begin One or more of the election judges in each precinctdeleted text end new text begin For each precinct, a peace officernew text end
shall deliver two sets of summary statements; all spoiled ballots; and the envelopes containing
the ballots either directly to the municipal clerk for transmittal to the county auditor's office
or directly to the county auditor's office as soon as possible after the vote counting is
completed but no later than 24 hours after the end of the hours for voting. deleted text begin One or more
election judgesdeleted text end new text begin A peace officernew text end shall deliver the remaining set of summary statements and
returns, all unused and spoiled municipal and school district ballots, the envelopes containing
municipal and school district ballots, and all other things furnished by the municipal or
school district clerk, to the municipal or school district clerk's office within 24 hours after
the end of the hours for voting. The municipal or school district clerk shall return all polling
place rosters and completed voter registration cards to the county auditor within 48 hours
after the end of the hours for voting.
Sec. 3.
Minnesota Statutes 2016, section 204C.28, subdivision 1, is amended to read:
Subdivision 1.
County auditor.
Every county auditor shall 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 shall, in the presence of the deleted text begin municipal clerk or the election judgesdeleted text end new text begin peace
officernew text end who deleted text begin deliverdeleted text end new text begin deliversnew text end the returns, make a record of all materials delivered, the time
of delivery, and the deleted text begin namesdeleted text end new text begin namenew text end of the deleted text begin municipal clerk or election judgesdeleted text end new text begin peace officernew text end 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 deleted text begin election judgesdeleted text end new text begin the
peace officernew text end 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 shall file the record and all envelopes containing ballots in a safe and secure
place with envelope seals unbroken. Access to the record and ballots shall be strictly
controlled. Accountability and a record of access shall 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 shall be retained in the auditor's office for the
same period as the ballots as provided in section 204B.40.
The county auditor shall file all envelopes containing ballots in a safe place with seals
unbroken. If the envelopes were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed again and signed by the
individuals who made the inspection or recount. The envelopes may be opened by the county
canvassing board 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 shall be sealed
again and signed in the same manner as otherwise provided in this subdivision.
Sec. 4.
Minnesota Statutes 2016, section 204C.28, subdivision 2, is amended to read:
Subd. 2.
Clerks.
The clerk of every first, second, and third class city shall remain at the
clerk's office to receive delivery of returns, or until 24 hours have elapsed since the end of
the hours for voting, whichever occurs first. The clerk of every first class city shall keep a
book in which, in the presence of the deleted text begin election judges or other individualsdeleted text end new text begin peace officernew text end who
deleted text begin deliverdeleted text end new text begin deliversnew text end the returns, the clerk shall make a record of all materials delivered, the time
of delivery, and the deleted text begin namesdeleted text end new text begin namenew text end of the deleted text begin election judges or other individualsdeleted text end new text begin peace officernew text end
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 deleted text begin election judgesdeleted text end new text begin the
peace officernew text end 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
book shall be retained in the clerk's office for the same period as the ballots as provided in
section 204B.40.
Sec. 5.
Minnesota Statutes 2016, section 204C.29, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Failure of election judges to make delivery; penaltydeleted text end new text begin Election returns
not deliverednew text end .
If the deleted text begin election judges fail to deliverdeleted text end returns new text begin are not delivered new text end as required by
section 204C.27, the county auditor or municipal or school district clerk to whom the returns
should have been delivered shall dispatch a deleted text begin special messengerdeleted text end new text begin peace officernew text end to obtain them.
deleted text begin The messenger shall receive the same compensation as an election judge would receive for
performing the same service and shall be subject to the same penalties as an election judge
for violation of any provision of the Minnesota Election Law.
deleted text end
Sec. 6.
Minnesota Statutes 2016, section 206.86, subdivision 1, is amended to read:
Subdivision 1.
At the voting location.
In precincts where an electronic voting system
is used, as soon as the polls are closed the election judges shall secure the voting systems
against further voting. They shall then open the ballot box and count the number of ballot
cards or envelopes containing ballot cards that have been cast to determine that the number
of ballot cards does not exceed the number of voters shown on the election register or
registration file. If there is an excess, the judges shall seal the ballots in a ballot container
deleted text begin anddeleted text end new text begin . A peace officer mustnew text end transport the container to the county auditor or municipal clerk
who shall process the ballots in the same manner as paper ballots are processed in section
204C.20, subdivision 2, then enter the ballots into the ballot counter. The total number of
voters must be entered on the forms provided. The judges shall next count the write-in votes
and enter the number of those votes on forms provided for the purpose.
Sec. 7.
Minnesota Statutes 2016, section 206.86, subdivision 2, is amended to read:
Subd. 2.
Transportation of ballot cards.
The judges shall place all voted ballot cards,
defective ballots, and damaged ballots in the container provided for transporting them to
the counting center. The container must be sealed and delivered immediately to the counting
center by deleted text begin two judges who are not of the same major political partydeleted text end new text begin a peace officernew text end . The
deleted text begin judgesdeleted text end new text begin peace officernew text end shall also deliver to the counting center in a suitable container the
unused ballot cards, the spoiled ballot envelope, and the ballot envelopes issued to the voters
and deposited during the day in the ballot box.