HF 1495

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/26/2025 02:52 p.m.

A bill for an act
relating to elections; permitting certain candidates, candidate representatives, and
political parties to observe the work of absentee ballot boards; permitting certain
candidates, candidate representatives, and political parties to observe recounts;
amending Minnesota Statutes 2024, section 203B.121, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 204C.

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

Section 1.

Minnesota Statutes 2024, section 203B.121, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Open meeting law; observation of ballot board activities by candidate or
political party. new text end

new text begin Meetings of a ballot board are subject to chapter 13D. The ballot board
must conduct its work, including the counting of ballots, in a manner that allows any
candidate appearing on the ballot, that candidate's representative, or the representative of
any political party appearing on the ballot to observe the ballot board's work. A candidate
may have one representative present to observe the acceptance and rejection of absentee
ballot envelopes, and one additional representative present at the time accepted absentee
ballot secrecy envelopes are opened, and when those ballots are deposited in a ballot box
and counted. If other election materials are handled or examined by the ballot board, the
candidates and their representatives may observe them. The ballot board must ensure that
members of the public, candidates, candidate representatives, and representatives of a
political party do not interfere with the counting of the ballots.
new text end

Sec. 2.

new text begin [204C.362] PUBLIC OBSERVATION OF RECOUNT.
new text end

new text begin During a recount, containers of voted ballots must be unsealed and resealed within public
view. No ballots or election materials may be handled by candidates, their representatives,
or members of the public. There must be an area of the room from which the public may
observe the recount. Cell phones and video cameras may be used in this public viewing
area, as long as their use is not disruptive. The recount official shall arrange the counting
of the ballots so that the candidates and their representatives may observe the ballots as they
are recounted. Candidates may each have one representative observe the sorting of each
precinct. One additional representative per candidate may observe the ballots when they
have been sorted and are being counted. Candidates may have additional representatives in
the public viewing area of the room. If other election materials are handled or examined by
the recount officials, the candidates and their representatives may observe them. The recount
official shall ensure that public observation does not interfere with the counting of the
ballots.
new text end