Office of the Revisor of Statutes
SF 2493
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/14/2025 10:00 a.m.
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A bill for an act
relating to elections; modifying requirements related to the return of absentee
ballots on election day; modifying the absentee voting period for certain voters;
amending Minnesota Statutes 2024, sections 203B.06, subdivision 3; 203B.08,
subdivision 1; 203B.081, subdivisions 1, 4; 203B.21, subdivision 2; 204B.13,
subdivision 8; 204B.35, subdivision 4; 204B.45, subdivision 2; 204C.28, by adding
a subdivision; 204D.09, subdivision 2; 204D.16.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
(a) The county auditor, municipal clerk, school district
clerk, or full-time clerk of any city or town administering an election pursuant to section
203B.05, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant
to section 203B.04, subdivision 5, on the following timelines:
(1) except as otherwise provided by this sectionnew text begin and section 203B.21, subdivision 2new text end , at
least deleted text begin 46deleted text end new text begin 28 new text end days before each regularly scheduled primary and general election and each
special primary and special election;
(2) as soon as practicable for a special election held pursuant to section 204D.19,
subdivisions 2 and 3; and
(3) at least deleted text begin 30deleted text end new text begin 28new text end days before a town general election held in March.
(b) The commissioner of corrections must provide the secretary of state with a list of
the names and mailing addresses of state adult correctional facilities. An application for an
absentee ballot that provides an address included on the list provided by the commissioner
of corrections must not be accepted and an absentee ballot must not be provided to the
applicant. The county auditor or municipal clerk must promptly transmit a copy of the
application to the county attorney. The Department of Corrections must implement procedures
to ensure that absentee ballots issued under this chapter are not received or mailed by
offenders incarcerated at state adult correctional facilities.
(c) If an application for absentee ballots is accepted at a time when absentee ballots are
not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at the
voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been
designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter
who would have difficulty getting to the polls because of incapacitating health reasons, or
who is disabled, or who is a patient in a health care facility, a resident of an assisted living
facility licensed under chapter 144G, a participant in a residential program for adults licensed
under section 245A.02, subdivision 14, or a resident of a shelter for battered women as
defined in section 611A.37, subdivision 4.
(d) If an application does not indicate the election for which absentee ballots are sought,
the county auditor or municipal clerk shall mail or deliver only the ballots for the next
election occurring after receipt of the application. Only one set of ballots may be mailed,
shipped, or delivered to an applicant for any election, except as provided in section 203B.121,
subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that
has been spoiled or lost in transit.
Sec. 2.
Minnesota Statutes 2024, section 203B.08, subdivision 1, is amended to read:
Subdivision 1.
Marking and return by voter.
(a) An eligible voter who receives absentee
ballots as provided in this chapter shall mark them in the manner specified in the directions
for casting the absentee ballots. The return envelope containing marked ballots may be
mailed as provided in the directions for casting the absentee ballots, may be left with the
county auditor or municipal clerk who transmitted the absentee ballots to the voter, or may
be left in a drop box as provided in section 203B.082. If delivered in person, the return
envelope must be submitted to the county auditor or municipal clerk by deleted text begin 8:00 p.m.deleted text end new text begin 3:00 p.m.new text end
on election day.
(b) The voter may designate an agent to deliver in person the sealed absentee ballot
return envelope to the county auditor or municipal clerk or to deposit the return envelope
in the mail. An agent may deliver or mail the return envelopes of not more than three voters
in any election. Any person designated as an agent who tampers with either the return
envelope or the voted ballots or does not immediately mail or deliver the return envelope
to the county auditor or municipal clerk is guilty of a misdemeanor.
Sec. 3.
Minnesota Statutes 2024, section 203B.081, subdivision 1, is amended to read:
Subdivision 1.
Location; timing for absentee voting.
An eligible voter may vote by
absentee ballot in the office of the county auditor and at any other polling place designated
by the county auditor during the deleted text begin 46deleted text end new text begin 28new text end days before the election, except as provided in this
section.
Sec. 4.
Minnesota Statutes 2024, section 203B.081, subdivision 4, is amended to read:
Subd. 4.
Temporary locations.
(a) A county auditor or municipal clerk authorized under
section 203B.05 to administer voting before election day may designate additional polling
places with days and hours that differ from those required by section 203B.085. A designation
authorized by this subdivision must be made at least deleted text begin 47deleted text end new text begin 29new text end days before the election. The
county auditor or municipal clerk must provide notice to the secretary of state at the time
that the designations are made.
(b) At the request of a federally recognized Indian Tribe with a reservation in the county,
the county auditor must establish an additional polling place for at least one day on the
Indian reservation on a site agreed upon by the Tribe and the county auditor that is accessible
to the county auditor by a public road.
(c) At the request of a postsecondary institution or the student government organization
of a postsecondary institution in the county or municipality, the county auditor or a municipal
clerk authorized to administer absentee voting under section 203B.05 must establish an
additional temporary polling place for the state general election or the odd-year city general
election for at least one day at a location agreed upon by the institution and the county
auditor or municipal clerk that:
(1) is accessible to the public;
(2) satisfies the requirements of state and federal law; and
(3) is on the institution's campus or is within one-half mile of the institution's campus
and is reasonably accessible to the institution's students.
A request must be made no later than May 31 before an election and the request is valid
only for that election. This paragraph only applies to a postsecondary institution that provides
on-campus student housing to 100 or more students. Nothing in this paragraph prevents the
county auditor or municipal clerk from engaging in a dialogue with the entity that made the
request regarding potential alternative locations for a temporary polling place that does not
meet the requirements of clause (3). An entity that made a request for a temporary polling
place may withdraw its request by notifying the county auditor or municipal clerk.
Sec. 5.
Minnesota Statutes 2024, section 203B.21, subdivision 2, is amended to read:
Subd. 2.
Mailing of ballots; return.
Ballots and instructions for marking them, ballot
envelopes, and return envelopes shall be sent by first class mail to addresses within the
continental United States and by air mail to addresses outside the continental United Statesnew text begin
at least 46 days before each regularly scheduled primary and general election and each
special primary and special electionnew text end . The ballot envelope and return envelope shall be
marked "Official Ballot," and shall contain sufficient postage to assure proper return delivery.
The return envelope shall be addressed to comply with any method for return of absentee
ballots as authorized under section 203B.08, subdivision 2. The requirements of this
subdivision do not apply to ballots and related materials provided under section 203B.225.
Sec. 6.
Minnesota Statutes 2024, section 204B.13, subdivision 8, is amended to read:
Subd. 8.
Absentee voters.
At least deleted text begin 46deleted text end new text begin 28new text end days, but no more than deleted text begin 50deleted text end new text begin 32new text end days, before a
special election conducted under this section, 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.
Sec. 7.
Minnesota Statutes 2024, section 204B.35, subdivision 4, is amended to read:
Subd. 4.
Absentee ballots; preparation; delivery.
At least deleted text begin 46deleted text end new text begin 28new text end days before an election,
ballots necessary to fill applications of absentee voters shall be prepared and delivered to
the officials who administer the provisions of chapter 203B, except as provided in this
subdivision. Ballots necessary to fill applications of absentee voters for a town general
election held in March shall be prepared and delivered to the town clerk at least deleted text begin 30deleted text end new text begin 28new text end days
before the election.
This section applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or wholly within the
school district.
Sec. 8.
Minnesota Statutes 2024, section 204B.45, subdivision 2, is amended to read:
Subd. 2.
Procedure; voting prior to election day.
Notice of the election and the special
mail procedure must be given at least ten weeks prior to the election. Not more than deleted text begin 46deleted text end new text begin 28new text end
days nor later than 14 days before deleted text begin a regularly scheduled election and not more than 30 days
nor later than 14 days before any otherdeleted text end new text begin annew text end election, the auditor shall mail ballots by
nonforwardable mail to all voters registered in the city, town, or unorganized territory. No
later than 14 days before the election, the auditor must make a subsequent mailing of ballots
to those voters who register to vote after the initial mailing but before the 20th day before
the election. Eligible voters not registered at the time the ballots are mailed may apply for
ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided,
must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or
in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot
board to examine the mail and absentee ballot return envelopes and mark them "accepted"
or "rejected" within three days of receipt if there are 14 or fewer days before election day,
or within five days of receipt if there are more than 14 days before election day. The board
may consist of deputy county auditors or deputy municipal clerks who have received training
in the processing and counting of mail ballots, who need not be affiliated with a major
political party. Election judges performing the duties in this section must be of different
major political parties, unless they are exempt from that requirement under section 205.075,
subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must remain sealed and the auditor or clerk shall
provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.
If the ballot is rejected within five days of the election, the envelope must remain sealed
and the official in charge of the ballot board must attempt to contact the voter by telephone
or email to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the 19th day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86, subdivision
5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from mail or absentee ballots may be made public before the
close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter
maintains residence. Any ballot received by 8:00 p.m. on the day of the election must be
counted.
Sec. 9.
Minnesota Statutes 2024, section 204C.28, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Public disclosure of unofficial election results. new text end
new text begin
Except as otherwise explicitly
required by law, the county auditor, municipal clerk, or other elections official responsible
for receiving or delivering election returns must not release a precinct's unofficial election
results for public posting online or other general distribution unless the results include all
votes cast in the precinct, including those cast by absentee ballot.
new text end
Sec. 10.
Minnesota Statutes 2024, section 204D.09, subdivision 2, is amended to read:
Subd. 2.
Sample ballot.
At least deleted text begin 46deleted text end new text begin 28new text end days before the state primary the county auditor
must prepare a sample ballot for each precinct for public inspection and transmit an electronic
copy of these sample ballots to the secretary of state. The names of the candidates to be
voted for in the county must be placed on the sample ballots, with the names of the candidates
for each office arranged in the base rotation as determined by section 206.61, subdivision
5. The county auditor must post the sample ballots in a conspicuous place in the auditor's
office. At least one week before the state primary, the county auditor must publish a notice
to voters pursuant to section 204D.16 in at least one newspaper of general circulation in the
county.
Sec. 11.
Minnesota Statutes 2024, section 204D.16, is amended to read:
204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.
(a) At least deleted text begin 46deleted text end new text begin 28new text end days before the state general election, the county auditor must post
sample ballots for each precinct in the auditor's office for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state.
(b) No earlier than 20 days and no later than ten days before the state general election
the county auditor must cause a notice to voters to be published in at least one newspaper
of general circulation in the county. The secretary of state, in collaboration with stakeholders,
must design the notice to be published, including the format and content to be used. The
secretary of state, in collaboration with stakeholders, may modify the content or format of
the notice to be used by metropolitan counties, as defined in section 473.121, subdivision
4. When published, the notice must be sized so that it comprises a minimum of one full
newspaper page.
(c) The notice required by paragraph (b) must, at minimum, include the following:
(1) a statement that the voter's official ballot will have the names of all candidates for
the voter's precinct;
(2) the web address where a voter may view the voter's sample ballot based on the voter's
address;
(3) the county's website where a list of sample ballots for each county precinct may be
viewed;
(4) how a voter may obtain a free copy of a sample ballot specific to the voter's address;
and
(5) contact information for the appropriate local election official, including a phone
number and email address.
The notice may include information about contests on the ballot; names, offices, and party
affiliation, if any, of candidates; polling place locations; poll hours; and absentee voting
information.
(d) For purposes of this section, "stakeholder" means local government election officials
and representatives of the Minnesota Newspaper Association.