HF 1664

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/27/2025 03:17 p.m.

A bill for an act
relating to elections; requiring ballot board activity to be livestreamed; requiring
the commissioner of information technology services to provide livestreaming
services and retain data; classifying data; appropriating money; amending
Minnesota Statutes 2024, section 203B.121, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 203B.

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 Livestreaming. new text end

new text begin (a) The county auditor, municipal clerk, or school district clerk
must ensure that all ballot board activity is livestreamed as provided in this subdivision and
section 203B.155. This requirement applies during the absentee voting period, on election
day, and on the day following the election day if absentee ballots are being processed. At
a minimum, the following activities must be recorded:
new text end

new text begin (1) examining envelopes and accepting or rejecting envelopes as required under
subdivision 2;
new text end

new text begin (2) opening envelopes and duplicating ballots, if necessary, as required under subdivision
4;
new text end

new text begin (3) depositing absentee ballots into a ballot box as required under subdivision 5, paragraph
(a); and
new text end

new text begin (4) counting and tabulating the ballots as required under subdivision 5, paragraph (b).
new text end

new text begin (b) The county auditor, municipal clerk, or school district clerk must position one or
more cameras to record the following:
new text end

new text begin (1) the ballot board members performing the activities described in paragraph (a);
new text end

new text begin (2) all ballots in the room where the activities in paragraph (a) are taking place; and
new text end

new text begin (3) all doors in the room where the activities in paragraph (a) are taking place.
new text end

new text begin To the extent possible while complying with clauses (1) to (3), the cameras must be
positioned so as to avoid recording private data included on absentee ballot envelopes or
other documents.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2025, and applies to
elections conducted on or after that date.
new text end

Sec. 2.

new text begin [203B.155] LIVESTREAMING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of information technology services.
new text end

new text begin (c) "Department" means the Department of Information Technology Services.
new text end

new text begin Subd. 2. new text end

new text begin Livestreaming. new text end

new text begin (a) Where livestreaming is required by section 203B.121, the
commissioner must ensure the livestream is available on the department's website in a
manner that allows members of the public to easily access and view the livestream. The
commissioner must record all livestreamed video and retain the recording for at least 22
months after the date of the recording. Notwithstanding chapter 13 or any other law to the
contrary, the county auditor, city clerk, or school board clerk is not required to maintain
any livestreamed or recorded data or provide access to the data. The commissioner must
not charge any fee to the public or to the county, municipality, or school district for providing
this service.
new text end

new text begin (b) The secretary of state must include information on the office's website on how to
find and access videos on the department's website. Each county auditor, municipal clerk,
and school district clerk must post the same information on their respective local
government's website, if there is one.
new text end

new text begin Subd. 3. new text end

new text begin Data. new text end

new text begin The commissioner must retain video recordings of livestreamed activities
required in section 203B.121, as provided by this section. The recordings are public data,
except that the commissioner may obscure private data on individuals that is visible on a
recording.
new text end

new text begin Subd. 4. new text end

new text begin Livestream disruptions. new text end

new text begin If a livestream is disrupted or disabled, the
commissioner, county auditor, municipal clerk, or school district clerk is not liable if the
disruption is due to a cause outside of the control of the commissioner, county auditor,
municipal clerk, or school district clerk. If there is a disruption, the commissioner must
work with the county auditor, municipal clerk, or school district clerk to reinstate video
coverage as soon as possible. If appointed ballot board observers are present and there is a
disruption in livestreaming, the activities of the ballot board may continue. If appointed
ballot board observers are not present and there is a disruption in livestreaming, the ballot
board must stop all activities until one of the following occurs:
new text end

new text begin (1) the livestream is reinstated;
new text end

new text begin (2) ballot board observers are present; or
new text end

new text begin (3) the county auditor, municipal clerk, or school district clerk arranges the activities to
be recorded in a manner that substantially complies with the requirements of this section
and section 203B.121, subdivision 6.
new text end

new text begin Within 24 hours of the livestream being reinstated, the county auditor, municipal clerk, or
school district clerk must transmit any recordings made pursuant to clause (3) to the
commissioner to be posted on the department's website.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2025, and applies to
elections conducted on or after that date.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2026 is appropriated to the commissioner of information technology
services to implement the requirements of this act. The base for this appropriation in fiscal
year 2027 and each fiscal year thereafter is $........
new text end