SF 2695

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/21/2025 09:23 a.m.

A bill for an act
relating to elections; requiring voter verification before mail delivery of an absentee
ballot; amending Minnesota Statutes 2024, section 203B.04, subdivisions 1, 5.

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

Section 1.

Minnesota Statutes 2024, 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.

(b) 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 (d), 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. This paragraph does not apply to a town election held in March.

(c) 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.

(d) new text begin Subject to paragraphs (e) and (f), 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.

(e) 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.

new text begin (f) An application that would result in an absentee ballot being mailed that meets the
requirements of paragraphs (d) and (e) and has not already been verified under paragraph
(c), must be electronically submitted by the county auditor or municipal clerk to the secretary
of state to verify 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 maintain a secure website
for use by county auditors and municipal clerks for this purpose. 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.
new text end

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

Sec. 2.

Minnesota Statutes 2024, section 203B.04, subdivision 5, is amended to read:

Subd. 5.

Permanent absentee voter status.

(a) An eligible voter may apply to a county
auditor or municipal clerk to automatically receive an absentee ballot before each election,
other than an election by mail conducted under section 204B.45, and to have the status as
a permanent absentee voter indicated on the voter's registration record. An eligible voter
listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws in effect on that
date, shall be treated as if the voter applied for status as a permanent absentee voter pursuant
to this subdivision.

(b) A voter who applies under paragraph (a) must automatically be provided an absentee
ballot for each eligible election. A voter's permanent absentee status ends and automatic
ballot delivery must be terminated on:

(1) the voter's written request;

(2) the voter's death;

(3) return of an absentee ballot as undeliverable; or

(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
registration system.

new text begin (c) At least 60 days but no more than 75 days before each regularly scheduled primary
and general election, the secretary of state must validate that each permanent absentee voter
matches the information in a government database associated with the voter's driver's license
number, state identification card number, or Social Security number. If a voter on the
permanent absentee voter status cannot be verified, that voter's status must be changed to
"challenged" and the voter must be notified that the voter has been removed from the
permanent absentee voter list. The secretary of state must notify the voter by the method or
methods of communication provided by the voter on the voter's application for an absentee
ballot or voter registration.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The secretary of state shall adopt rules governing procedures under this
subdivision.

deleted text begin (d) deleted text end new text begin (e) new text end This subdivision does not apply to a voter residing in a jurisdiction that conducts
elections entirely by mail under section 204B.45.