HF 3557

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 11:59am

A bill for an act
relating to elections; modifying various provisions related to election administration;
modifying voter registration requirements; amending requirements related to voting
instructions and sample ballots; amending requirements relating to tabulating votes
and tabulation equipment; amending the timeline for notification provided to
counties of certain elections; amending recount threshold requirements; amending
the vacancy in nomination process; amending Minnesota Statutes 2022, sections
201.071, subdivision 3; 204B.13, subdivision 2; 204C.20, subdivision 1, by adding
a subdivision; 204C.35, subdivision 2; 204C.36, subdivisions 2, 3; 204D.29,
subdivisions 1, 2, by adding a subdivision; 205.16, subdivisions 4, 5; 205A.05,
subdivision 3; 205A.07, subdivisions 3, 3b; 205A.11, subdivision 2; 447.32,
subdivision 3; Minnesota Statutes 2023 Supplement, sections 201.061, subdivisions
3, 3a; 201.071, subdivision 1; 204B.09, subdivision 3; 204B.13, subdivision 6a;
204B.16, subdivision 1; 204B.295, subdivisions 1, 2, 3, by adding a subdivision;
204C.24, subdivision 1; 206.61, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 201.061, subdivision 3, is amended
to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application, making an oath in
the form prescribed by the secretary of state and providing proof of residence. An individual
may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;

(2) presenting any document approved by the secretary of state as proper identification;

(3) presenting deleted text begin one of the following:
deleted text end

deleted text begin (i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or
deleted text end

deleted text begin (ii) deleted text end a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. A voter who is registered to vote in the precinct may sign
up to eight proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; an assisted living facility licensed by the commissioner of health under chapter 144G; a
veterans home operated by the board of directors of the Minnesota Veterans Homes under
chapter 198; a residence licensed by the commissioner of human services to provide a
residential program as defined in section 245A.02, subdivision 14; a residential facility for
persons with a developmental disability licensed by the commissioner of human services
under section 252.28; setting authorized to provide housing support as defined in section
256I.03, subdivision 10a; a shelter for battered women as defined in section 611A.37,
subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to
provide temporary living accommodations for the homeless; a facility where a provider
operates a residential treatment program as defined in section 245.462, subdivision 23; or
a facility where a provider operates an adult foster care program as defined in section
245A.02, subdivision 6c.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 201.061, subdivision 3a, is amended
to read:

Subd. 3a.

Additional proofs of residence permitted for students.

(a) deleted text begin An eligible deleted text end new text begin If an
eligible voter's name; student identification number, if available; and address within the
precinct appear on a current residential housing list under section 135A.17 certified to the
county auditor by the postsecondary educational institution, the new text end voter may prove residence
by presenting a current valid photo identification issued by a postsecondary educational
institution in Minnesota deleted text begin if the voter's name; student identification number, if available; and
address within the precinct appear on a current residential housing list under section 135A.17,
certified to the county auditor by the postsecondary educational institution deleted text end new text begin ; identification
authorized in subdivision 3, paragraph (a), clause (1) or (2); or identification authorized in
subdivision 3, paragraph (d), clause (1) or (2) new text end .

(b) This additional proof of residence for students must not be allowed unless the
postsecondary educational institution submits to the county auditor no later than 60 days
prior to the election a written agreement that the postsecondary educational institution will
certify for use at the election accurate updated residential housing lists under section 135A.17.
A written agreement is effective for the election and all subsequent elections held in that
calendar year, including the November general election.

(c) The additional proof of residence for students must be allowed on an equal basis for
voters who reside in housing meeting the requirements of section 135A.17, if the residential
housing lists certified by the postsecondary educational institution meet the requirements
of this subdivision.

(d) An updated residential housing list must be certified to the county auditor no earlier
than 20 days prior to each election. The certification must be dated and signed by the chief
officer or designee of the postsecondary educational institution and must state that the list
is current and accurate and includes only the names of persons residing as of the date of the
certification.

(e) The county auditor shall instruct the election judges of the precinct in procedures for
use of the list in conjunction with photo identification. The auditor shall supply a list to the
election judges with the election supplies for the precinct.

(f) The county auditor shall notify all postsecondary educational institutions in the county
of the provisions of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 201.071, subdivision 1, is amended
to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; a box to indicate a voter's preference
to join the permanent absentee voter list; and voter's signature. new text begin The paper registration
application must provide a space for a voter to provide a physical description of the location
of their residence, if the voter resides in an area lacking a specific physical address. new text end The
paper registration application may include the voter's email address, if provided by the voter.
The electronic voter registration application must include the voter's email address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) am at least 16 years old and understand that I must be at least 18 years old to be
eligible to vote;

(2) am a citizen of the United States;

(3) will have maintained residence in Minnesota for 20 days immediately preceding
election day;

(4) maintain residence at the address new text begin or location new text end given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) am not currently incarcerated for a conviction of a felony offense; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Are you at least 16 years old and will you be at least 18 years old on or before the
day of the election in which you intend to vote?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 201.071, subdivision 3, is amended to read:

Subd. 3.

Deficient registration.

No voter registration application is deficient if it contains
the voter's name, address new text begin or location of residence new text end , date of birth, current and valid Minnesota
driver's license number or Minnesota state identification number, or if the voter has no
current and valid Minnesota driver's license or Minnesota state identification number, the
last four digits of the voter's Social Security number, if the voter has been issued a Social
Security number, prior registration, if any, and signature. The absence of a zip code number
does not cause the registration to be deficient. Failure to check a box on an application form
that a voter has certified to be true does not cause the registration to be deficient. The election
judges shall request an individual to correct a voter registration application if it is deficient
or illegible. No eligible voter may be prevented from voting unless the voter's registration
application is deficient or the voter is duly and successfully challenged in accordance with
section 201.195 or 204C.12.

A voter registration application accepted prior to August 1, 1983, is not deficient for
lack of date of birth. The county or municipality may attempt to obtain the date of birth for
a voter registration application accepted prior to August 1, 1983, by a request to the voter
at any time except at the polling place. Failure by the voter to comply with this request does
not make the registration deficient.

A voter registration application accepted before January 1, 2004, is not deficient for lack
of a valid Minnesota driver's license or state identification number or the last four digits of
a Social Security number. A voter registration application submitted by a voter who does
not have a Minnesota driver's license or state identification number, or a Social Security
number, is not deficient for lack of any of these numbers.

A voter registration application submitted electronically through the website of the
secretary of state prior to April 30, 2014, is not invalid as a result of its electronic submission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 204B.09, subdivision 3, is amended
to read:

Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request. The filing officer shall not accept a written request later than
5:00 p.m. on the last day for filing a written request.

(b) The governing body of a statutory or home rule charter city may adopt a resolution
governing the counting of write-in votes for local elective office. The resolution may:

(1) require the candidate to file a written request with the chief election official no later
than the seventh day before the city election if the candidate wants to have the candidate's
write-in votes individually recorded; or

(2) require that write-in votes for an individual candidate only be individually recorded
if the total number of write-in votes for that office is equal to or greater than the fewest
number of non-write-in votes for a ballot candidate.

If the governing body of the statutory or home rule charter city adopts a resolution authorized
by this paragraph, the resolution must be adopted new text begin and the city clerk must notify the county
auditor new text end before the first day of filing for office. A resolution adopted under this paragraph
remains in effect until a subsequent resolution on the same subject is adopted by the
governing body of the statutory or home rule charter city.

(c) The governing body of a township, school board, hospital district, park district, soil
and water district, or other ancillary elected district may adopt a resolution governing the
counting of write-in votes for local elective office. The resolution may require that write-in
votes for an individual candidate only be individually recorded if the total number of write-in
votes for that office is equal to or greater than the fewest number of non-write-in votes for
a ballot candidate. new text begin If a governing body adopts a resolution authorized by this paragraph,
the resolution must be adopted and the clerk must notify the county auditor before the first
day of filing for office. A resolution adopted under this paragraph remains in effect until a
subsequent resolution on the same subject is adopted by the governing body.
new text end

(d) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

(e) A candidate for governor who files a request under this subdivision must file jointly
with another individual seeking nomination as a candidate for lieutenant governor. A
candidate for lieutenant governor who files a request under this subdivision must file jointly
with another individual seeking nomination as a candidate for governor.

Sec. 6.

Minnesota Statutes 2022, section 204B.13, subdivision 2, is amended to read:

Subd. 2.

Partisan office; nomination by party; special election.

(a) Except as provided
in deleted text begin subdivision deleted text end new text begin subdivisions new text end 5 new text begin and 6a new text end , a major political party may fill a vacancy in nomination
of that party's candidate as defined in subdivision 1, paragraph (a), clause (1), (2), or (3),
by filing one nomination certificate with the same official who received the affidavits of
candidacy for that office.

A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill a vacancy in nomination for any federal or
state partisan office. The nomination certificate shall be prepared under the direction of and
executed by the chair and secretary of the political party and filed within the timelines
established in this section. When filing the certificate the chair and secretary shall attach an
affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.

(b) In the case of a vacancy in nomination for partisan office that occurs on or before
the 79th day before the general election, the major political party must file the nomination
certificate no later than 71 days before the general election. The name of the candidate
nominated by the party must appear on the general election ballot.

(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for a
partisan office that occurs after the 79th day before the general election, the general election
ballot shall remain unchanged, but the county and state canvassing boards must not certify
the vote totals for that office from the general election, and the office must be filled at a
special election held in accordance with this section. Except for the vacancy in nomination,
all other candidates whose names appeared on the general election ballot for the office must
appear on the special election ballot for the office. New affidavits of candidacy or nominating
petitions may not be accepted, and there must not be a primary to fill the vacancy in
nomination. The major political party may file a nomination certificate as provided in
paragraph (a) no later than seven days after the general election. On the date of the general
election, the county auditor or municipal clerk shall post a notice in each precinct affected
by a vacancy in nomination under this paragraph, informing voters of the reason for the
vacancy in nomination and the procedures for filling the vacancy in nomination and
conducting a special election as required by this section. The secretary of state shall prepare
and electronically distribute the notice to county auditors in each county affected by a
vacancy in nomination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 204B.13, subdivision 6a, is amended
to read:

Subd. 6a.

Candidates for deleted text begin federal office deleted text end new text begin United States senator and representative in
Congress new text end .

This deleted text begin section does not apply to a vacancy in nomination for a federal office deleted text end new text begin
subdivision applies when, after the 79th day before the general election, any candidate for
the office of United States senator or United States representative in Congress: (1) dies; (2)
withdraws by filing an affidavit of withdrawal as provided for in section 204B.13, subdivision
1(b); or (3) is determined to be ineligible to hold the office the candidate is seeking, pursuant
to a court order issued under section 204B.44. In those cases, the general election ballot
must remain unchanged, and the county and state canvassing boards must certify the vote
totals for that office from the general election. If the candidate who died, withdrew, or was
declared ineligible would have been declared elected, then there is a vacancy in that office
to be filled as provided by section 204D.28 as to the office of United States senator and
section 204D.29, subdivision 1a, as to the office of representative in Congress new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 204B.16, subdivision 1, is amended
to read:

Subdivision 1.

Authority; location.

(a) By December 31 of each year, the governing
body of each municipality and of each county with precincts in unorganized territory must
designate by ordinance or resolution any changes to a polling place location. A polling place
must be maintained deleted text begin for the following calendar year deleted text end unless changed new text begin in accordance with this
paragraph, or new text end :

(1) deleted text begin by ordinance or resolution by December 31 of the previous year;
deleted text end

deleted text begin (2) deleted text end pursuant to section 204B.175;

deleted text begin (3) deleted text end new text begin (2) new text end because a polling place has become unavailable;

deleted text begin (4) deleted text end new text begin (3) new text end because a township designates one location for all state, county, and federal
elections and one location for all township only elections; and

deleted text begin (5) deleted text end new text begin (4) new text end pursuant to section 204B.14, subdivision 3.

(b) Polling places must be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a school district and municipal
election held on the same day. The polling place for a precinct in a city or in a school district
located in whole or in part in the metropolitan area defined by section 200.02, subdivision
24, shall be located within the boundaries of the precinct or within one mile of one of those
boundaries unless a single polling place is designated for a city pursuant to section 204B.14,
subdivision 2, or a school district pursuant to section 205A.11. The polling place for a
precinct in unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available within a town or
within a school district located outside the metropolitan area defined by section 200.02,
subdivision 24, then the polling place for a town or school district may be located outside
the town or school district within five miles of one of the boundaries of the town or school
district.

Sec. 9.

Minnesota Statutes 2023 Supplement, section 204B.295, subdivision 1, is amended
to read:

Subdivision 1.

Duty.

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, the secretary of state must
prepare voting instructions and make the instructions available in polling places in the three
most commonly spoken non-English languages in the state as determined by the state
demographer for the previous calendar year. new text begin For state elections, new text end the secretary of state must
prepare and provide example ballots to county auditors and post voting instructions in print,
electronic, and audio-visual formats, on the secretary of state's website in at least the three
most commonly spoken non-English languages in the state as determined by the state
demographer for the previous calendar year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 204B.295, subdivision 2, is amended
to read:

Subd. 2.

Designation of language minority districts.

deleted text begin No later than 90 days before an
election deleted text end new text begin By January 1 of each year new text end , the secretary of state or county auditor, in consultation
with the state demographer, must determine the percentage of residents in each census tract
who are members of a language minority and who lack sufficient skills in English to vote
without assistance. Language minority districts will be designated if three percent or more
of the population in a corresponding census tract speak English "less than very well"
according to the most recent census data. new text begin The state demographer must consider the identified
margin of error in the census data when identifying census tracts. Designations made in
January apply to elections for which absentee balloting begins on or after January 1 of each
year and continue through the end of the calendar year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 204B.295, subdivision 3, is amended
to read:

Subd. 3.

Translation required; interpreter required.

(a) If the number of residents
determined under subdivision 2 equals three percent or more of a census tract, 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 ballots must be provided to each precinct in that district during any
regular or special state election conducted in that district. new text begin If more than one language is
represented in three or more percent of residents as determined in subdivision 2, translated
materials must be provided in, at minimum, the highest determined language and any
language representing three percent or more of a census tract.
new text end

(b) If the number of residents determined under subdivision 2 equals 20 percent or more
of the population of a census tract, 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 ballots must
be provided to each precinct in that district during any regular or special state election
conducted in that district. new text begin If more than one language is represented in the 20 or more percent
of residents as determined in subdivision 2, translated materials must be provided in, at
minimum, the highest determined language and any language representing three percent or
more of a census tract. new text end In these precincts, the county auditor or municipal clerk must appoint
at least one interpreter to translate in a specified language if ten or more registered voters
in the precinct file a request for interpretive services for that language with the secretary of
state or county auditor at least 30 days prior to the date of the election. This interpreter must
wear a name tag or other badge indicating the interpreter's language certification. For
purposes of section 204C.06 and any other applicable law, an interpreter appointed under
this section is considered an election official and may be present in a polling place for the
purpose of conducting duties assigned by the county auditor or municipal clerk.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 204B.295, is amended by adding
a subdivision to read:

new text begin Subd. 5. new text end

new text begin Sample ballot format requirements. new text end

new text begin For the purposes of this section, sample
ballots must accurately reflect the offices, candidates, and rotation sequence on the ballots
used in that polling place. Sample ballots may deviate from other ballot formatting
requirements to the extent required to accommodate the translated content.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 13.

Minnesota Statutes 2022, section 204C.20, subdivision 1, is amended to read:

Subdivision 1.

Determination of proper number.

The election judges shall determine
the number of ballots to be counted by deleted text begin adding the number of return envelopes from accepted
absentee ballots to deleted text end new text begin tallying new text end the number of signed voter's certificates, or to the number of
names entered in the election register. The election judges shall then remove all the ballots
from the box. Without considering how the ballots are marked, the election judges shall
ascertain that each ballot is separate and shall count them to determine whether the number
of ballots in the box corresponds with the number of ballots to be counted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2022, section 204C.20, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Precincts with ballot tabulators. new text end

new text begin In precincts using ballot tabulators, once the
final count of ballots agrees with the number of ballots to be counted, election judges must
immediately prepare the summary statement in accordance with section 204C.24 and seal
the ballots in accordance with section 204C.25 for return to the county auditor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 15.

Minnesota Statutes 2023 Supplement, section 204C.24, subdivision 1, is amended
to read:

Subdivision 1.

Information requirements.

Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall contain
the following information for each kind of ballot:

(1) the number of ballots delivered to the precinct as adjusted by the actual count made
by the election judges, the number of unofficial ballots made, and the number of absentee
ballots delivered to the precinct;

(2) the number of votes each candidate received or the number of yes and no votes on
each question, the number of undervotes, the number of overvotes, and the number of
defective ballots with respect to each office or question;

(3) the number of spoiled ballots, the number of duplicate ballots made, the number of
absentee ballots rejected, and the number of unused ballots, presuming that the total count
provided on each package of unopened prepackaged ballots is correct;

(4) the number of voted ballots indicating only a voter's choices as provided by section
206.80, paragraph (b), clause (2), item (ii) new text begin , in precincts that use an assistive voting device
that produces this type of ballot new text end ;

(5) the number of individuals who voted at the election in the precinct which must equal
the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86,
subdivision 1;

(6) the number of voters registering on election day in that precinct;

(7) the signatures of the election judges who counted the ballots certifying that all of the
ballots cast were properly piled, checked, and counted; and that the numbers entered by the
election judges on the summary statements correctly show the number of votes cast for each
candidate and for and against each question;

(8) the number of election judges that worked in that precinct on election day; and

(9) the number of voting booths used in that precinct on election day.

At least two copies of the summary statement must be prepared for elections not held
on the same day as the state elections.

Sec. 16.

Minnesota Statutes 2022, section 204C.35, subdivision 2, is amended to read:

Subd. 2.

Discretionary candidate recounts.

(a) A losing candidate whose name was
on the ballot for nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office may request a recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the difference required by this section.
The votes shall be manually recounted as provided in this section if the candidate files a
request during the time for filing notice of contest of the primary or election for which a
recount is sought.

(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
an amount set by the filing officer for the payment of the recount expenses. The requesting
candidate is responsible for the following expenses: the compensation of the secretary of
state, or designees, and any election judge, municipal clerk, county auditor, administrator,
or other personnel who participate in the recount; necessary supplies and travel related to
the recount; the compensation of the appropriate canvassing board and costs of preparing
for the canvass of recount results; and any attorney fees incurred in connection with the
recount by the governing body responsible for the recount.

(c) A discretionary recount of a primary must not delay delivery of the notice of
nomination to the winning candidate under section 204C.32.

(d) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

(e) The results of the recount must be certified by the canvassing board as soon as
possible.

(f) If the winner of the race is changed by the optional recount, the cost of the recount
must be paid by the jurisdiction conducting the recount.

(g) If a result of the vote counting in the manual recount is different from the result of
the vote counting reported on election day by a margin greater than deleted text begin the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, deleted text end new text begin two
votes and greater than one-quarter of one percent of the number of ballots counted, new text end the cost
of the recount must be paid by the jurisdiction conducting the recount.

Sec. 17.

Minnesota Statutes 2022, section 204C.36, subdivision 2, is amended to read:

Subd. 2.

Discretionary candidate recounts.

(a) A losing candidate for nomination or
election to a county, municipal, or school district office may request a recount in the manner
provided in this section at the candidate's own expense when the vote difference is greater
than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall be
manually recounted as provided in this section if the requesting candidate files with the
county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount
set by the governing body of the jurisdiction or the school board of the school district for
the payment of the recount expenses.

(b) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

(c) A discretionary recount of a primary must not delay delivery of the notice of
nomination to the winning candidate under section 204C.32.

(d) The results of the recount must be certified by the canvassing board as soon as
possible.

(e) If the winner of the race is changed by the optional recount, the cost of the recount
must be paid by the jurisdiction conducting the recount.

(f) If a result of the vote counting in the manual recount is different from the result of
the vote counting reported on election day by a margin greater than deleted text begin the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4 deleted text end new text begin two
votes and greater than one-quarter of one percent of the number of ballots recounted new text end , the
cost of the recount must be paid by the jurisdiction conducting the recount.

Sec. 18.

Minnesota Statutes 2022, section 204C.36, subdivision 3, is amended to read:

Subd. 3.

Discretionary ballot question recounts.

deleted text begin A recount may be conducted for a
ballot question when the difference between the votes for and the votes against the question
is less than or equal to the difference provided in subdivision 1. deleted text end A recount new text begin for a ballot
question new text end may be requested by any person eligible to vote on the ballot question. A written
request for a recount must be filed with the filing officer of the county, municipality, or
school district placing the question on the ballot and must be accompanied by a petition
containing the signatures of 25 voters eligible to vote on the question. Upon receipt of a
written request when the difference between the votes for deleted text begin and the votes against deleted text end the question
new text begin and the number required for passage new text end is less than or equal to the difference provided in
subdivision 1, the county auditor shall recount the votes for a county question at the expense
of the county, the governing body of the municipality shall recount the votes for a municipal
question at the expense of the municipality, and the school board of the school district shall
recount the votes for a school district question at the expense of the school district. If the
difference between the votes for deleted text begin and the votes against deleted text end the question new text begin and the number required
for passage new text end is greater than the difference provided in subdivision 1, the person requesting
the recount shall also file with the filing officer of the county, municipality, or school district
a bond, cash, or surety in an amount set by the appropriate governing body for the payment
of recount expenses. The written request, petition, and any bond, cash, or surety required
must be filed during the time for notice of contest for the election for which the recount is
requested.

Sec. 19.

Minnesota Statutes 2022, section 204D.29, subdivision 1, is amended to read:

Subdivision 1.

Scope; definition.

(a) A vacancy in the office of representative in Congress
must be filled as specified in this section.

(b) "Vacancy," as used in this section, means a vacancy in the office of representative
in Congress.

new text begin (c) "Vacating candidate," as used in this section, means a candidate who, after the 79th
day before the general election: (1) died; (2) withdrew by filing an affidavit of withdrawal
as described under section 204B.13, subdivision 1, paragraph (b); or (3) was determined to
be ineligible to hold the office the candidate is seeking, pursuant to a court order issued
under section 204B.44.
new text end

Sec. 20.

Minnesota Statutes 2022, section 204D.29, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Vacancy resulting from the election of a vacating candidate at the previous
state general election. new text end

new text begin (a) If a vacancy results from the election of a vacating candidate as
provided for under section 204B.13, subdivision 6a, at the preceding state general election,
the governor shall issue a writ calling for a special election to be conducted on the second
Tuesday in February of the year following the most recent state general election. Except
for the vacating candidate, all other candidates whose names appeared on the preceding
general election ballot for the office must appear on the special election ballot for the office.
New affidavits of candidacy or nominating petitions must not be accepted, and there must
not be a primary to fill the vacancy in nomination. If the vacating candidate was the nominee
of a political party, that political party may file a nomination certificate as provided in
subdivision 2, paragraph (a), no later than seven days after the state canvassing board certifies
the vote totals from the preceding state general election.
new text end

new text begin (b) At least 46 days, but no more than 50 days, before a special election conducted under
this subdivision, the county auditor shall transmit an absentee ballot for the special election
to each applicant for an absentee ballot whose application for an absentee ballot for the
preceding general election was recorded under section 203B.04 or 203B.17. New applicants
for an absentee ballot may be provided a ballot in the manner specified in chapter 203B.
new text end

Sec. 21.

Minnesota Statutes 2022, section 204D.29, subdivision 2, is amended to read:

Subd. 2.

Vacancy 27 weeks or more before state primary.

(a) If a vacancy occurs 27
weeks or more before the state primary new text begin and is not a vacancy resulting from the election of
a vacating candidate at the preceding state general election new text end , the governor must issue a writ
within three days of the vacancy for a special election for that office to be held between 20
and 24 weeks of the vacancy, but not fewer than 47 days before a state primary. A special
primary must be held 11 weeks before the special election or on the second Tuesday in
August if the general election is held on the first Tuesday after the first Monday in November
if any major party has more than one candidate after the time for withdrawal has expired.

(b) The filing period for a special election under this subdivision must end on or before
the 131st day before the special election. Minor party and independent candidates must
submit their petitions by the last day for filing and signatures on the petitions must be dated
from the date of the vacancy through the last day for filing. There must be a one-day period
for withdrawal of candidates after the last day for filing.

Sec. 22.

Minnesota Statutes 2022, section 205.16, subdivision 4, is amended to read:

Subd. 4.

Notice to auditor.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every municipal election, the
municipal clerk shall provide a written notice to the county auditor, including the date of
the election, the offices to be voted on at the election, and the title and language for each
ballot question to be voted on at the election. At least deleted text begin 74 deleted text end new text begin 84 new text end days before every municipal
election, the municipal clerk must provide written notice to the county auditor of any special
election canceled under section 205.10, subdivision 6.

Sec. 23.

Minnesota Statutes 2022, section 205.16, subdivision 5, is amended to read:

Subd. 5.

Notice to secretary of state.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every municipal election
for which a notice is provided to the county auditor under subdivision 4, the county auditor
shall provide a notice of the election to the secretary of state, in a manner and including
information prescribed by the secretary of state.

Sec. 24.

Minnesota Statutes 2022, section 205A.05, subdivision 3, is amended to read:

Subd. 3.

Cancellation.

A special election ordered by the school board on its own motion
under subdivision 1 may be canceled by motion of the school board, but not less than deleted text begin 74 deleted text end new text begin
84 new text end days before deleted text begin an deleted text end new text begin any new text end election deleted text begin held in conjunction with a regularly scheduled election for
federal, state, county, city, or school board office or a special election for federal office, or
46 days before any other election deleted text end .

Sec. 25.

Minnesota Statutes 2022, section 205A.07, subdivision 3, is amended to read:

Subd. 3.

Notice to auditor.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every school district election, the
school district clerk shall provide a written notice to the county auditor of each county in
which the school district is located. The notice must include the date of the election, the
offices to be voted on at the election, and the title and language for each ballot question to
be voted on at the election. For the purposes of meeting the timelines of this section, in a
bond election, a notice, including a proposed question, may be provided to the county auditor
before receipt of a review and comment from the commissioner of education and before
actual initiation of the election. At least deleted text begin 74 deleted text end new text begin 84 new text end days before every school district election,
the school district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.

Sec. 26.

Minnesota Statutes 2022, section 205A.07, subdivision 3b, is amended to read:

Subd. 3b.

Notice to secretary of state.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every school district
election for which a notice is provided to the county auditor under subdivision 3, the county
auditor shall provide a notice of the election to the secretary of state, in a manner and
including information prescribed by the secretary of state.

Sec. 27.

Minnesota Statutes 2022, section 205A.11, subdivision 2, is amended to read:

Subd. 2.

Combined polling place.

(a) When no other election is being held in a school
district, the school board may designate combined polling places at which the voters in
those precincts may vote in the school district election.

(b) By December 31 of each year, the school board must designate, by resolution, new text begin any
changes to new text end combined polling places. The combined polling places designated in the resolution
are the polling places deleted text begin for the following calendar year deleted text end , unless a change is made new text begin in accordance
with this paragraph or new text end :

(1) pursuant to section 204B.175; or

(2) because a polling place has become unavailable.

(c) If the school board designates combined polling places pursuant to this subdivision,
polling places must be designated throughout the district, taking into account both
geographical distribution and population distribution. A combined polling place must be at
a location designated for use as a polling place by a county or municipality.

(d) In school districts that have organized into separate board member election districts
under section 205A.12, a combined polling place for a school general election must be
arranged so that it does not include more than one board member election district.

Sec. 28.

Minnesota Statutes 2023 Supplement, section 206.61, subdivision 1, is amended
to read:

Subdivision 1.

Official responsible for providing ballots.

(a) The official charged with
providing paper ballots when they are used shall provide all ballot cards, sample ballots,
precinct summary statements, and other necessary supplies needed for electronic voting
systems, except as otherwise provided by this section.

(b) At general elections and primaries the county auditor of each county in which an
electronic voting system is used shall provide all ballot cards and other necessary printed
forms and supplies needed for the electronic voting system, including all forms needed for
voting on candidates and questions, the ballots for which are required by the election laws
to be provided by the state when paper ballots are used.

(c) In precincts using a ballot format as provided by section 206.80, paragraph (b), clause
(2), item (ii), voters must be provided the option of voting with a regularly printed optical
scan ballot new text begin or paper ballot in precincts that hand count ballots new text end .

Sec. 29.

Minnesota Statutes 2022, section 447.32, subdivision 3, is amended to read:

Subd. 3.

Election notices.

At least two weeks before the first day to file affidavits of
candidacy, the clerk of the district shall publish a notice stating the first and last day on
which affidavits of candidacy may be filed, the places for filing the affidavits and the closing
time of the last day for filing. The clerk shall post a similar notice in at least one conspicuous
place in each city and town in the district at least ten days before the first day to file affidavits
of candidacy.

At least deleted text begin 74 deleted text end new text begin 84 new text end days prior to every hospital district election, the hospital district clerk
shall provide a written notice to the county auditor of each county in which the hospital
district is located. The notice must include the date of the election, the offices to be voted
on at the election, and the title and language for each ballot question to be voted on at the
election. The county auditor shall immediately provide a notice to the secretary of state in
a manner and including information prescribed by the secretary of state.

The notice of each election must be posted in at least one public and conspicuous place
within each city and town included in the district at least two weeks before the election. It
must be published in the official newspaper of the district or, if a paper has not been
designated, in a legal newspaper having general circulation within the district, at least two
weeks before the election. Failure to give notice does not invalidate the election of an officer
of the district. A voter may contest a hospital district election in accordance with chapter
209. Chapter 209 applies to hospital district elections.

Sec. 30. new text begin TRANSITION TO NEW VOTER REGISTRATION APPLICATIONS.
new text end

new text begin Notwithstanding the requirements of this act, a completed voter registration application
submitted by a voter is not deficient for purposes of registering that voter if the application
form was printed or provided to the voter prior to the effective date of any modification
required by this act. Beginning on the effective date of a modification required by this act,
an election official must not print or copy a blank voter registration application that does
not include the required modification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end