HF 4243

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

A bill for an act
relating to elections; modifying certain local elections provisions; modifying certain
absentee voting provisions; amending Minnesota Statutes 2022, section 204C.19,
subdivision 3; Minnesota Statutes 2023 Supplement, sections 203B.04, subdivision
1; 203B.07, subdivision 3; 203B.081, subdivision 7; 204C.28, subdivision 1;
repealing Minnesota Statutes 2022, section 383B.031.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 203B.04, subdivision 1, is amended
to read:

Subdivision 1.

Application procedures.

(a) Except as otherwise allowed by subdivision
2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election
may be submitted at any time not less than one day before the day of that election. The
county auditor shall prepare absentee ballot application forms in the format provided by the
secretary of state and shall furnish them to any person on request. By January 1 of each
even-numbered year, the secretary of state shall make the forms to be used available to
auditors through electronic means. An application submitted pursuant to this subdivision
shall be in writing. An application may be submitted in person, by electronic facsimile
device, by electronic mail, or by mail to:

(1) the county auditor of the county where the applicant maintains residence; or

(2) the municipal clerk of the municipality, or school district if applicable, where the
applicant maintains residence.

deleted text begin For a federal, state, or county election, deleted text end new text begin (b) new text end An absentee ballot application may
alternatively be submitted electronically through a secure website that shall be maintained
by the secretary of state for this purpose. Notwithstanding paragraph deleted text begin (b) deleted text end new text begin (d) new text end , the secretary
of state must require applicants using the website to submit the applicant's email address
and verifiable Minnesota driver's license number, Minnesota state identification card number,
or the last four digits of the applicant's Social Security number. new text begin This paragraph does not
apply to a town election held in March.
new text end

new text begin (c) new text end An application submitted electronically under this paragraph may only be transmitted
to the county auditor for processing if the secretary of state has verified the application
information matches the information in a government database associated with the applicant's
driver's license number, state identification card number, or Social Security number. The
secretary of state must review all unverifiable applications for evidence of suspicious activity
and must forward any such application to an appropriate law enforcement agency for
investigation.

deleted text begin (b) deleted text end new text begin (d) new text end An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, date of birth,
and at least one of the following:

(1) the applicant's Minnesota driver's license number;

(2) Minnesota state identification card number;

(3) the last four digits of the applicant's Social Security number; or

(4) a statement that the applicant does not have any of these numbers.

deleted text begin (c) deleted text end new text begin (e) new text end To be approved, the application must contain an oath that the information contained
on the form is accurate, that the applicant is applying on the applicant's own behalf, and
that the applicant is signing the form under penalty of perjury.

deleted text begin (d) deleted text end new text begin (f) new text end An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be made
available for public inspection. An application may be submitted to the county auditor or
municipal clerk by an electronic facsimile device. An application mailed or returned in
person to the county auditor or municipal clerk on behalf of a voter by a person other than
the voter must be deposited in the mail or returned in person to the county auditor or
municipal clerk within ten days after it has been dated by the voter and no later than six
days before the election.

deleted text begin (e) deleted text end new text begin (g) new text end An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2025, and applies to
elections occurring on or after November 4, 2025.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 203B.07, subdivision 3, is amended
to read:

Subd. 3.

Eligibility certificate.

A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the signature envelope. The certificate shall contain space
for the voter's Minnesota driver's license number, state identification number, or the last
four digits of the voter's Social Security number, or to indicate that the voter does not have
one of these numbers. The space must be designed to ensure that the voter provides the
same type of identification as provided on the voter's absentee ballot application for purposes
of comparison. The certificate must also contain a statement to be signed and sworn by the
voter indicating that the voter meets all of the requirements established by law for voting
by absentee ballot and space for a statement signed by a person who is deleted text begin registered to vote in
Minnesota deleted text end new text begin at least 18 years of age on or before the day of the election and a citizen of the
United States new text end or by a notary public or other individual authorized to administer oaths stating
that:

(1) the ballots were displayed to that individual unmarked;

(2) the voter marked the ballots in that individual's presence without showing how they
were marked, or, if the voter was physically unable to mark them, that the voter directed
another individual to mark them; and

(3) if the voter was not previously registered, the voter has provided proof of residence
as required by section 201.061, subdivision 3.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 203B.081, subdivision 7, is amended
to read:

Subd. 7.

Notice to voters.

The county auditor must prepare a notice to the voters of the
deleted text begin days, times, and deleted text end locations new text begin and contact information for each location new text end for voting before election
day as authorized by this section. This notice must be posted on the secretary of state's
website, the county's website, and the website for each municipality in which a voting
location under this section is located at least 14 days before the first day of the absentee
voting period. 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 of the absentee voting
period.

Sec. 4.

Minnesota Statutes 2022, section 204C.19, subdivision 3, is amended to read:

Subd. 3.

Premature disclosure of count results.

No count results from any precinct
shall be disclosed by any election judge or other individual until all count results from that
precinct are available, nor shall the public media disclose any count results from any precinct
before the time when voting is scheduled to end in the state. new text begin Count results from absentee
ballots received by the county after 3:00 p.m. on election day may be added to the total
count results after the initial results reporting of the precinct. If the precinct results do not
include all absentee ballots, the county must report to the secretary of state and on the
county's website the number of absentee ballots remaining to be processed.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 204C.28, subdivision 1, is amended
to read:

Subdivision 1.

County auditor.

(a) Every county auditor must 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 deleted text begin until all have been tabulated and the results made
known, or deleted text end until 24 hours have elapsed since the end of the hours for voting, deleted text begin whichever
occurs first deleted text end new text begin unless the county auditor adjourns absentee ballot counting new text end . Every county auditor
must, in the presence of the municipal clerk or the election judges who deliver the returns,
make a record of all materials delivered, the time of delivery, and the names of the municipal
clerk or election judges 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
election judges 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 must file the record and all envelopes containing ballots in a safe and secure
place with envelope seals unbroken. Access to the record and ballots must be strictly
controlled. Accountability and a record of access must 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 must be retained in the auditor's office for the
same period as the ballots as provided in section 204B.40.

(b) The county auditor must file all envelopes containing ballots in a safe place with
seals unbroken. If the envelopes are opened by proper authority for examination or recount
as specifically authorized by a court or statute, the county auditor must have the envelopes
sealed again and signed by the individuals who made the inspection or recount. The envelopes
may be opened by the county auditor 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 must be sealed again and signed in the same manner as otherwise provided in
this subdivision.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 383B.031, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06922

383B.031 BOARD VACANCIES: MORE OR NOT MORE THAN SIX MONTHS OUT.

Subdivision 1.

More than six months; special election.

Notwithstanding the provisions of section 375.101, if a vacancy occurs in a seat on the Board of County Commissioners of Hennepin County more than six months before the general election in which a commissioner will next be selected to occupy such seat the county auditor shall, within seven days after the vacancy occurs, call a special election within the affected district to fill such vacancy. The auditor shall specify a date for the election to be held on a date authorized by section 205.10, subdivision 3a. Candidates shall file with the county auditor prior to the 35th day before the election. The primary election shall be held 14 days before the election. If no more than two candidates file for the office, the primary election shall be canceled and the date of the general election advanced 14 days.

Subd. 2.

Minnesota Statutes controls; affidavit of candidacy.

Each person who wishes to file as a candidate in the election for which provision is made in subdivision 1 shall submit to the county auditor an affidavit for candidacy. Except as otherwise specifically provided in this section, the special election shall be held in accordance with the provisions of Minnesota Statutes 1965, chapter 203. The candidate who receives a plurality of the votes cast in the special election shall be certified the winner.

Subd. 3.

Not more than six months; general election.

A vacancy in a seat on a board of county commissioners which occurs not more than six months before the general election in which a commissioner will next be selected to occupy the seat shall be filled at the general election.

Subd. 4.

Elected for unexpired term.

A person elected to the office of commissioner pursuant to the provisions of this section shall hold office for the unexpired term of the person's predecessor.