Minnesota Administrative Rules

CHAPTER 8215, PRESIDENTIAL NOMINATION PRIMARY

SECRETARY OF STATE

8215.0100 SCOPE.

Except as provided in this chapter, the presidential nomination primary must be conducted and the results canvassed and returned in the manner provided by law for the state primary.

Statutory Authority:

MS s 207A.11

History:

43 SR 437

Published Electronically:

October 15, 2018

8215.0200 BALLOTS.

Subpart 1.

Form.

Except as provided in this part, presidential nomination primary ballots must be printed in the same manner as state primary ballots as far as practicable. There must be separate ballots for the names of the candidates of each major political party.

Subp. 2.

Ballot heading.

At the top of the ballot, the words "Presidential Nomination Primary Ballot" followed directly below by "(party name) Party" must be printed.

Subp. 3.

Candidates.

The chair of each major political party must submit to the secretary of state the names of the candidates to appear on that party's ballot. Any candidate name submitted by a chair of a major political party must:

A.

be the candidate's true name or the name by which the candidate is commonly and generally known in the community; and

B.

meet the requirements of Minnesota Statutes, section 204B.35.

Subp. 4.

Order of candidates' names.

If a party chair has requested that its party ballot contain a place for a voter to indicate a preference for having delegates to the party's national convention remain uncommitted, the party must submit a phrase of no more than three words to be used on the ballot to represent this choice, and this choice must be rotated as a choice with candidate names.

Statutory Authority:

MS s 207A.11

History:

43 SR 437

Published Electronically:

October 15, 2018

8215.0300 POLLING PLACE VOTING.

Subpart 1.

Form of roster.

At the presidential nomination primary, the polling place roster must also state: "I am in general agreement with the principles of the party for whose candidate I intend to vote, and I understand that my choice of a party's ballot will be public information." This statement must appear separately from the statement certification included in part 8200.9115, subpart 1.

Subp. 2.

Recording of political party.

The election judge must instruct each voter to read the statement required by Minnesota Statutes, section 204C.10, paragraph (b), on the presidential nomination primary polling place roster. After the voter has read the statement, the election judge must ask the voter the name of the major political party whose ballot the voter is requesting. The polling place roster must include a place for the voter to indicate the voter's party choice. The election judge or voter must record in the polling place roster or electronic roster the name of the major political party whose ballot the voter requested. After the voter's major political party choice has been recorded, the election judge shall instruct the voter to sign the polling place roster. The county auditor must include the major political party choice recorded on the roster when posting voting history for every person who voted in the presidential nomination primary in the statewide registration system.

Subp. 3.

Refusal to indicate a major political party.

If a voter refuses to request the ballot of a single major political party, the election judge may refer the voter to instruction posters prepared for the presidential nomination primary by the secretary of state pursuant to Minnesota Statutes, section 204B.27. A voter who refuses to indicate a major political party must not be allowed to sign the polling place roster or cast a ballot.

Subp. 4.

Voter receipts.

A voter's receipt must identify the major political party choice of the voter but may not distinguish the voter's major political party choice by color, shape, or size.

Statutory Authority:

MS s 207A.11

History:

43 SR 437

Published Electronically:

October 15, 2018

8215.0400 ABSENTEE VOTING.

Subpart 1.

Scope.

Except as provided in this part, absentee voting for the presidential nomination primary must be conducted in the manner provided by chapter 8210 and Minnesota Statutes, chapter 203B, for the state primary.

Subp. 2.

Application form.

A.

The absentee application form prepared by the secretary of state for the presidential nomination primary must:

(1)

contain the following heading "For Presidential Nomination Primary Use Only;"

(2)

provide a place for the voter to indicate which major political party ballot the voter is requesting; and

(3)

contain the following instruction: "A presidential nomination primary ballot cannot be sent to you unless you indicate on this application which major political party ballot you wish to receive. You may receive the ballot of only one major political party."

B.

The absentee ballot oath must also contain the following statement: "I am in general agreement with the principles of the party for whose candidate I intend to vote, and I understand that my choice of a party's ballot will be public information."

Subp. 3.

Receipt of application.

Upon receipt of an absentee ballot application for the presidential nomination primary meeting the requirements of subpart 2, the county auditor or municipal clerk shall immediately verify that the voter has indicated the major political party whose ballot the voter is requesting. If the voter has not indicated a major political party choice, the application must be returned to the voter. A presidential nomination primary absentee ballot must not be transmitted to any voter who has not indicated which major political party's ballot the voter has requested to receive.

Subp. 4.

Uniformed and overseas citizens.

For voters with a current Federal Post Card Application or other absentee application pursuant to the Uniformed Overseas Citizens Absentee Voting Act, United States Code, title 52, sections 20301 to 20310, which does not contain the voter's major political party choice, the county auditor must contact the voter by electronic mail, United States mail, or phone between 63 and 48 days before the presidential nomination primary and attempt to collect the voter's political party choice for purposes of the presidential nomination primary. A voter must not be sent a presidential nomination primary ballot until the voter has communicated a party choice by electronic mail, United States mail, or phone.

Subp. 5.

Receipt of Federal Write-in Absentee Ballots.

A.

If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter's major political party choice was received, the county auditor must accept or reject the ballot in accordance with Minnesota Statutes, section 203B.24.

B.

If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter's major political party choice was not received, and a major party candidate or major party write-in candidate can be ascertained, and the voter has not already voted, the county auditor must accept the Federal Write-in Absentee Ballot.

C.

If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application containing the voter's major political party choice was not received, and a major party candidate or major party write-in candidate cannot be ascertained, or the voter has already voted, the county auditor must reject the ballot.

Subp. 6.

Using the registration system.

Upon accepting an application for the presidential nomination primary, the county auditor or municipal clerk shall record in the statewide voter registration system the voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota driver's license or state identification number, or the last four digits of the voter's Social Security number, if provided by the voter, and the voter's major political party choice. When applicable, the county auditor or municipal clerk must immediately record that a voter's absentee ballot has been accepted in the statewide registration system.

Subp. 7.

Change of major party choice.

Until the close of business on the seventh day before the election, a voter may change the voter's choice of which major political party ballot the voter wishes to receive by spoiling the voter's ballot and submitting an application indicating the major political party ballot the voter is requesting. An absentee ballot cast under the alternative procedures provided in Minnesota Statutes, section 203B.081, subdivision 3, cannot be spoiled after it has been deposited in the ballot box.

Subp. 8.

Notation on polling place roster.

When marking rosters to indicate that a voter has already cast a presidential nomination primary ballot pursuant to Minnesota Statutes, section 203B.121, subdivision 3, paragraph (b), the voter's major political party choice must be recorded on the polling place roster at the same time.

Subp. 9.

Instructions for voters.

In addition to instructions provided in part 8210.0500, the following instruction must be included in instruction "1 Vote!": "The party ballot you received is based on the party you selected on the application form. You may receive the ballot of only one major political party. If you received the incorrect ballot, contact your election office at (email) or (phone number)."

Statutory Authority:

MS s 207A.11

History:

43 SR 437

Published Electronically:

January 30, 2024

8215.0500 MAIL BALLOTING.

Subpart 1.

Scope.

Except as provided in this part, a precinct authorized under Minnesota Statutes, section 204B.45, to provide balloting by mail must conduct the presidential nomination primary in the same manner as the state primary as provided in chapter 8210 and Minnesota Statutes, section 204B.45.

Subp. 2.

Mailing ballots.

The county auditor shall mail the ballots of each major political party to applicable registered voters. A voter may return only one major party ballot. The mail voter's certificate on the return envelope must provide a place for the voter to indicate the major political party whose ballot the voter has enclosed in the secrecy envelope.

Subp. 3.

Form of instructions to mail voters.

Notwithstanding part 8210.3000, subpart 4a, the form of instructions to mail voters to be used in a presidential nomination primary must substitute the following instructions:

How to vote by mail ballot

You will need:

•	Ballot*
•	Tan ballot envelope*
•	White signature envelope*
•	Pen with black ink
•	Witness
	Anyone registered to vote in Minnesota,
	including your spouse or relative,
	or a notary public,
	or a person with the authority to administer oaths
	*If any of these items are missing, please contact your local election official.

1 Vote!

•	Choose the ballot of the party that you are in general agreement with the principles of.
•	Show your witness that party's blank ballot, then mark your votes in private.
•	Follow the instructions on the ballot.
•	Do not write your name or ID number anywhere on your ballot.
•	Do not vote for more than one candidate. If you do, your vote will not count.
•	Do not vote the ballot of more than one party. Only return one ballot.
•	Destroy and discard the extra blank ballot. You can destroy the ballot by shredding or tearing the extra ballot in half. Do not return the extra ballot.
	See the other side if you make a mistake on your ballot.

2 Seal only one voted ballot in the tan ballot envelope

•	Do not write on this envelope.

3 Put the tan ballot envelope into the white signature envelope

4 Fill out the white signature envelope completely

•	If there is no label, print your name and Minnesota address.
•	In the oath, print the name of the political party ballot that you chose. If you do not print a party name, your vote will not count. If you return a different ballot than you indicate in the oath, your vote will not count.
•	Read and sign the oath.
•	Ask your witness to print their name and Minnesota street address, including city (not a PO Box), and sign their name.
	If your witness is an official or notary, they must print their title instead of an address.
	Notaries must also affix their stamp.
•	Seal the envelope.

5 Return your ballot by Election Day to the address on the signature envelope

You have three options:

•	Send it so it arrives by Election Day, using United States mail or a package delivery service,
•	Deliver it in person by 8:00 p.m. on Election Day, or
•	Ask someone to deliver it by 8:00 p.m. on Election Day.
	This person cannot deliver more than 3 ballots.
	If you have questions, please call (...) ...-.... .

See other side for special instructions if you have a disability

Correcting a mistake

•	If time allows, ask for a new ballot from your election office. Contact your election office at [email] or [phone number], or
•	Completely cross out the name of the candidate you accidentally marked and then mark your ballot for the candidate you prefer (do not initial your corrections).

If you have a disability:

If you have a disability or cannot mark your ballot, your witness may assist you by marking your ballot at your direction, assembling the materials, and filling out the forms for you.

When signing the envelope, Minnesota law says you may:

•	Sign the return envelope yourself, or
•	Make your mark, or
•	Ask your witness to sign for you in your presence. (Have your witness sign their own name as well.)
•	If you have adopted the use of a signature stamp for all purposes of signature, you may use your signature stamp or ask your witness to use your signature stamp in your presence.
Minnesota Statutes, section 645.44, subdivision 14

Please note: Voting is not covered by power of attorney. A person with power of attorney may only sign for you in your presence as outlined above.

Subp. 4.

Additional instructions for mail voters where an additional mailing envelope is used.

In those precincts where an additional white return envelope is used to protect from view the information contained on the signature envelope, the list under "You will need" in subpart 3 must also include:

•	Large white return envelope*

A new instruction 5 must be inserted and subsequent instructions renumbered. The new instruction 5 must read:

5 Put the signature envelope into the large white return envelope to protect your information from view

The heading of renumbered instruction 6 must now read:

6 Return your ballot by Election Day to the address on the return envelope

Subp. 5.

Form of mail voter's certificate.

Notwithstanding part 8210.3000, subpart 4b, the form of the mail voter's signature certificate to be used in a presidential nomination primary must be as follows:

Signature Envelope
Voter must complete this section	please print clearly
Voter name _
Voter MN Address _
_ MN
I certify that on Election Day I will meet all the legal requirements to vote. I am in general agreement with the principles of the __________ Party, and I understand that my choice of a party's ballot will be public information.
Voter Signature X _
Witness must complete this section
Witness name _
MN street address
(or title, if an official or notary)
_
Street Address
_ MN
City

I certify that:

•	the voter showed me the blank ballot before voting;
•	the voter marked the ballot in secrecy or, if physically unable to mark the ballot, the ballot was marked as directed by the voter;
•	the voter enclosed and sealed the ballot in the ballot envelope; and
•	I am or have been registered to vote in Minnesota, or I am a notary, or I am authorized to give oaths.

Witness Signature X _
If notary, must affix stamp

Subp. 6.

Checklist for mail voters.

Jurisdictions choosing to use an additional white return envelope to protect from view the information contained on the signature envelope must have the following words printed on the exterior of the white return envelope:

"Have you . . .

□	Included only your voted ballot and destroyed the ballot you did not vote?
□	Sealed your ballot in the tan ballot envelope?
□	Put the ballot envelope in the white signature envelope?
□	Filled out the white signature envelope completely and signed it?
□	Asked your witness to complete their section and sign their name?
□	Put the white signature envelope into this envelope?
Return your ballot so it is received by Election Day."

Subp. 7.

Change of major party choice.

Until the close of business on the seventh day before the election, a voter may change the voter's choice of which major political party ballot the voter requested by spoiling the voter's ballot and requesting that the county transmit to the voter replacement ballots.

Subp. 8.

Receiving and counting ballots.

The ballot board must examine the mail voter's certificate to verify the voter has indicated the major political party whose ballot the voter has enclosed in the secrecy envelope, record that party in the statewide voter registration system, and sort the ballots by political party. If a major political party was not indicated, or more than one party was indicated, the ballot board must reject the ballot. If a voter voted on and returned a major political party ballot different than the major political party that the voter indicated on the voter's certificate, or if the voter voted on and returned more than one major political party ballot, the ballot board must spoil and must not count the ballot or ballots.

Statutory Authority:

MS s 207A.11

History:

43 SR 437

Published Electronically:

January 30, 2024

8215.0600 ELECTION JUDGE TRAINING.

Subpart 1.

Election judge training.

To serve as an election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1300 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential primary procedures.

Subp. 2.

Head election judge training.

To serve as a head election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1350 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential nomination primary procedures.

Subp. 3.

Health care facility absentee voting training.

To serve as a health care facility election judge in a presidential nomination primary, an individual must meet the requirements of part 8240.1400 and within 60 days of the presidential nomination primary successfully complete a one-hour training course that includes content on presidential nomination primary procedures.

Statutory Authority:

MS s 207A.11

History:

43 SR 437

Published Electronically:

October 15, 2018

8215.0700 LOCAL REIMBURSEMENTS.

Subpart 1.

Eligibility determination.

Except as otherwise provided by law, before the secretary of state reimburses a county or municipality for an expense incurred to administer the presidential nomination primary that is not specifically authorized by Minnesota Statutes, section 207A.15, subdivision 1, paragraph (a), the secretary of state must determine that the expense is approved for reimbursement under subpart 2.

Subp. 2.

Eligible expenses.

For purposes of Minnesota Statutes, section 207A.15, subdivision 2, the following expenses related to administering the presidential nomination primary incurred by a county or municipality are approved for reimbursement:

A.

costs, including envelopes, printing, postage, and associated courier fees related to the distribution and processing of military and overseas voter ballots and ballot materials;

B.

costs, including envelopes, printing, postage, and associated courier fees related to the distribution and processing of mail ballots and ballot materials;

C.

costs, including envelopes, printing, postage, and associated courier fees related to the distribution and processing of absentee ballot materials;

D.

costs, including envelopes, printing, and postage, for distribution of absentee ballot applications for voters on the permanent absentee list, as described in Minnesota Statutes, section 203B.04, subdivision 5;

E.

costs associated with preparation of an absentee voting location as a polling place, not to exceed $150 per polling place;

F.

costs associated with preparation of electronic voting systems for absentee polling places, not to exceed $100 per polling place;

G.

costs for distribution and publication of statutorily mandated public notices;

H.

mileage for travel in preparation for election day or on election day related to:

(1)

delivering materials or traveling between polling places and government buildings; and

(2)

administering health care facility absentee voting;

I.

costs for purchase of materials for any additional election judge training specific to the presidential nomination primary;

J.

compensation for election judges completing required election judge training for preparation for the presidential nomination primary, not to exceed three hours;

K.

compensation for election judges completing required health care facility training, not to exceed one hour;

L.

parking reimbursement for election judges on election day;

M.

costs related to the transportation of election equipment or polling place materials, including car or truck rental fees;

N.

costs, including envelopes, printing, and postage, for the distribution of election judge materials;

O.

costs associated with ensuring the security and safety of the public at the polling place;

P.

costs, including storage rental fees, associated with the physical storage of presidential nomination primary records for at least 22 months from the date of the election, as prescribed in Minnesota Statutes, section 204B.40;

Q.

costs associated with supplies purchased or rented for the assembly and support of the polling place; and

R.

costs, including secured Internet and phone connections, associated with securing communications at the polling place.

Subp. 3.

Reimbursement amount.

The secretary of state must not reimburse a county or municipality for an amount exceeding the actual documented cost of an item listed in subpart 2.

Statutory Authority:

MS s 207A.11

History:

48 SR 59

Published Electronically:

August 2, 2023