SF 2697

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/21/2025 09:24 a.m.

A bill for an act
relating to elections; modifying certain voting administration provisions, including
candidate filing, registration, vouching, election judges, polling places, ballots,
postelection review; requiring reports; providing criminal penalties; amending
Minnesota Statutes 2024, sections 13.607, by adding a subdivision; 201.061,
subdivision 3; 201.091, subdivision 2; 201.14; 201.225, subdivision 1; 203B.06,
subdivision 3; 203B.23, subdivision 1; 204B.06, subdivision 1b; 204B.14,
subdivision 2; 204B.19, subdivision 5; 204B.21, subdivision 1, by adding a
subdivision; 204B.25, subdivision 1; 204B.27, subdivision 2, by adding a
subdivision; 204B.40; 204C.07; 204C.24, subdivision 1; 204C.35, by adding a
subdivision; 204D.17, by adding a subdivision; 206.845, subdivisions 1, 2, 3;
206.89, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes,
chapter 204C; repealing Minnesota Statutes 2024, section 204B.21, subdivision
3.

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

Section 1.

Minnesota Statutes 2024, section 13.607, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Election judge party affiliation. new text end

new text begin The party affiliation of election judges is
classified as provided in section 204B.21, subdivision 4.
new text end

Sec. 2.

Minnesota Statutes 2024, section 201.061, subdivision 3, is amended to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application, making an oath in
the form prescribed by the secretary of state and providing proof of residence. An individual
may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;

(2) presenting any document approved by the secretary of state as proper identification;

(3) presenting a current student fee statement that contains the student's valid address
in the precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. new text begin An election judge may not sign a proof of residence oath
vouching for any individual who appears in the precinct where the election judge is working.
new text end A voter who is registered to vote in the precinct may sign up to eight proof-of-residence
oaths on any election day. This limitation does not apply to an employee of a residential
facility described in this clause.

new text begin (b) new text end The secretary of state shall provide a form for election judges to use in recording the
number new text begin and identity new text end of individuals for whom a voter signs proof-of-residence oaths on
election day. The form must include space for the maximum number of individuals for
whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
must include a statement that the individual: (i) is registered to vote in the precinct or is an
employee of a residential facility in the precinct, (ii) personally knows that the voter is a
resident of the precinct, and (iii) is making the statement on oath. The form must include a
space for the voter's printed name, signature, telephone number, and address. new text begin The form must
be maintained as required by section 204B.40 and is public information.
new text end

new text begin (c) new text end The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application.

deleted text begin (b) deleted text end new text begin (d) new text end The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration. new text begin The secretary
of state must publish guidance for residential facilities and residential facility employees
on the vouching process and the requirements of this paragraph.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end "Residential facility" means transitional housing as defined in section 256K.48,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; an assisted living facility licensed by the commissioner of health under chapter 144G; a
veterans home operated by the board of directors of the Minnesota Veterans Homes under
chapter 198; a residence licensed by the commissioner of human services to provide a
residential program as defined in section 245A.02, subdivision 14; a residential facility for
persons with a developmental disability licensed by the commissioner of human services
under section 252.28; setting authorized to provide housing support as defined in section
256I.03, subdivision 10a; a shelter for battered women as defined in section 611A.37,
subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to
provide temporary living accommodations for the homeless; a facility where a provider
operates a residential treatment program as defined in section 245.462, subdivision 23; or
a facility where a provider operates an adult foster care program as defined in section
245A.02, subdivision 6c.

deleted text begin (d) deleted text end new text begin (f) new text end For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 3.

Minnesota Statutes 2024, section 201.091, subdivision 2, is amended to read:

Subd. 2.

Corrected list.

By February 15 of each year, the secretary of state shall prepare
the master list for each county auditor. The records in the statewide registration system must
be periodically corrected and updated by the county auditor. An updated master list for each
precinct must be available for absentee voting at least 46 days before each election. new text begin The
updated master list must not be made available until the secretary of state certifies that all
registered voters have been verified consistent with the requirements of the Help America
Vote Act of 2002, Public Law 107-252, as amended, including verification using the Help
America Vote Verification system administered by the Social Security Administration, and
that all individuals previously on the list and who have been determined to be ineligible
have been removed from the list. new text end A final corrected master list must be available seven days
before each election. new text begin The secretary of state must provide each county auditor with a separate
list identifying each individual that was removed after the individual was determined to be
ineligible. No later than March 15 of each year, the secretary of state must submit a report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over elections certifying compliance with the requirements of this subdivision and the
number of individuals who were removed from each county's master list.
new text end

Sec. 4.

Minnesota Statutes 2024, section 201.14, is amended to read:

201.14 COURT ADMINISTRATOR OF DISTRICT COURT deleted text begin ; REPORT CHANGES
OF NAMES deleted text end .

new text begin (a) new text end The state court administrator shall regularly report by electronic means to the secretary
of state the name, address, and, if available, driver's license or state identification card
number of each individual, 18 years of age or over, whose name was changed since the last
report, by marriage, divorce, or any order or decree of the court. The secretary of state shall
determine if any of the persons in the report are registered to vote under their previous name
and shall prepare a list of those registrants for each county auditor. Upon receipt of the list,
the county auditor shall make the change in the voter's record and mail to the voter the notice
of registration required by section 201.121, subdivision 2. A notice must not be mailed if
the voter's record is challenged due to a felony conviction, lack of United States citizenship,
legal incompetence, or court-ordered revocation of voting rights of persons under
guardianship.

new text begin (b) The state court administrator shall report quarterly by electronic means to the secretary
of state the name, address, and, if available, driver's license or state identification card
number of each individual who identified themselves as not being citizens of the United
States as part of their response to a summons to serve as a juror during the time since the
previous report. The secretary of state must verify whether any individuals identified on
the report are registered to vote and, if so, remove that individual's entry in the statewide
voter registration system. The secretary of state must notify any individuals whose registration
status is changed under this paragraph.
new text end

Sec. 5.

Minnesota Statutes 2024, section 201.225, subdivision 1, is amended to read:

Subdivision 1.

Authority.

A county, municipality, or school district may use electronic
rosters for any election. new text begin A county administering a municipal or school district election may
not require the municipality or school district to use an electronic roster if the governing
body of the municipality or school district has voted to prohibit their use. new text end In a county,
municipality, or school district that uses electronic rosters, the head elections official may
designate that some or all of the precincts use electronic rosters. An electronic roster must
comply with all of the requirements of this section. An electronic roster must include
information required in section 201.221, subdivision 3, and any rules adopted pursuant to
that section.

Sec. 6.

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 section, deleted text begin at least deleted text end new text begin no more than new text end 46 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) deleted text begin at least deleted text end new text begin no more than new text end 30 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. 7.

Minnesota Statutes 2024, section 203B.23, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The county auditor must establish an absentee ballot
board for ballots issued under sections 203B.16 to 203B.27. deleted text begin The board may consist of staff
trained as election judges, in which case, the board is exempt from deleted text end Sections 204B.19,
subdivision 5, and 204C.15, relating to party balance in appointment of judges and to duties
to be performed by judges of different major political parties new text begin , apply to the makeup of an
absentee ballot board new text end .

Sec. 8.

Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read:

Subd. 1b.

Address, electronic mail address, and telephone number.

(a) An affidavit
of candidacy must state a telephone number where the candidate can be contacted. An
affidavit must also state the candidate's or campaign's nongovernment issued electronic
mail address or an attestation that the candidate and the candidate's campaign do not possess
an electronic mail address. An affidavit must also state the candidate's current address of
residence as determined under section 200.031 deleted text begin , or at the candidate's request in accordance
with paragraph (c), the candidate's campaign contact address deleted text end new text begin and include a statement, signed
under oath by at least two residents of the district who are not related to the candidate,
attesting to their personal knowledge that the candidate resides at the address identified in
the affidavit new text end . When filing the affidavit, the candidate must present the filing officer with
the candidate's valid driver's license or state identification card that contains the candidate's
current address of residence, or documentation of proof of residence authorized for election
day registration in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3), item
(ii); or paragraph (d). If the address on the affidavit and the documentation do not match,
the filing officer must not accept the affidavit. The form for the affidavit of candidacy must
allow the candidate to request, if eligible, that the candidate's address of residence be
classified as private data, and to provide the certification required under paragraph (c) for
classification of that address.

(b) If an affidavit for an office where a residency requirement must be satisfied by the
close of the filing period is filed as provided by paragraph (c), the filing officer must, within
one business day of receiving the filing, determine whether the address provided in the
affidavit of candidacy is within the area represented by the office the candidate is seeking.
For all other candidates who filed for an office whose residency requirement must be satisfied
by the close of the filing period, a registered voter in this state may request in writing that
the filing officer receiving the affidavit of candidacy review the address as provided in this
paragraph, at any time up to one day after the last day for filing for office. If requested, the
filing officer must determine whether the address provided in the affidavit of candidacy is
within the area represented by the office the candidate is seeking. If the filing officer
determines that the address is not within the area represented by the office, the filing officer
must immediately notify the candidate and the candidate's name must be removed from the
ballot for that office. A determination made by a filing officer under this paragraph is subject
to judicial review under section 204B.44.

(c) If the candidate requests that the candidate's address of residence be classified as
private data, the candidate must list the candidate's address of residence on a separate form
to be attached to the affidavit. The candidate must also certify on the affidavit that either:
(1) a police report has been submitted, an order for protection has been issued, or the
candidate has a reasonable fear in regard to the safety of the candidate or the candidate's
family; or (2) the candidate's address is otherwise private pursuant to Minnesota law. The
address of residence provided by a candidate who makes a request for classification on the
candidate's affidavit of candidacy and provides the certification required by this paragraph
is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed
by the filing officer as provided in this subdivision.

(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

new text begin (e) A candidate or other signatory who willfully makes a false statement on an affidavit
of candidacy may be subject to 90 days imprisonment, a $10,000 fine, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to affidavits of candidacy submitted during filing periods beginning on or after that
date.
new text end

Sec. 9.

Minnesota Statutes 2024, section 204B.14, subdivision 2, is amended to read:

Subd. 2.

Separate precincts; combined polling place.

(a) The following shall constitute
at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be established no later than
November 1 if a presidential nomination primary is scheduled to occur in the following
year or May 1 of any other year:

(1) for any city of the third or fourth class, any town, or any city having territory in more
than one county, in which all the voters of the city or town shall cast their ballots;

(2) for contiguous precincts in the same municipality;

(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county;
or

(4) for noncontiguous precincts located in one or more counties.

Subject to the requirements of paragraph (c), a single, accessible, combined polling place
may be established after May 1 of any year in the event of an emergency.

A copy of the ordinance or resolution establishing a combined polling place must be
filed with the county auditor within 30 days after approval by the governing body, and the
county auditor must provide notice within ten days to the secretary of state, in a manner
and including information prescribed by the secretary of state. A polling place combined
under clause (3) must be approved by the governing body of each participating municipality.
A polling place combined under clause (4) must be approved by the governing body of each
participating municipality and the secretary of state and may be located outside any of the
noncontiguous precincts. A municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal with the county auditor no
later than October 1 if a presidential nomination primary is scheduled to occur in the
following year or April 1 of any other year, and the county auditor must provide notice
within ten days to the secretary of state, in a manner and including information prescribed
by the secretary of state.

The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. new text begin The secretary of
state and county auditor must provide guidance to the election judges serving in a combined
polling place on the procedures to be used to ensure each voter is provided the correct ballot
for that voter's precinct. new text end A single set of election judges may be appointed to serve at a
combined polling place. The number of election judges required must be based on the total
number of persons voting at the last similar election in all precincts to be voting at the
combined polling place. Separate ballot boxes must be provided for the ballots from each
precinct. The results of the election must be reported separately for each precinct served by
the combined polling place, except in a polling place established under clause (2) where
one of the precincts has fewer than ten registered voters, in which case the results of that
precinct must be reported in the manner specified by the secretary of state. new text begin In addition to
other required informational material and notices, a map showing the precincts served by
the combined polling place, along with a notice that multiple ballot styles are in use, must
be prominently displayed near the entrance to the combined polling place.
new text end

(c) If a local elections official determines that an emergency situation preventing the
safe, secure, and full operation of a polling place on election day has occurred or is imminent,
the local elections official may combine two or more polling places for that election pursuant
to this subdivision. To the extent possible, the polling places must be combined and the
election conducted according to the requirements of paragraph (b), except that:

(1) polling places may be combined after May 1 and until the polls close on election
day;

(2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;

(3) the governing body is not required to adopt an ordinance or resolution to establish
the combined polling place;

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;

(5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's website,
if one exists. The local elections official must also notify the election judges and request
that local media outlets publicly announce the reason for the combination and the location
of the combined polling place; and

(6) on election day, the local elections official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the combined polling place. The local election official must also post the
notice, if practical, in a location visible by voters who vote from their motor vehicles as
provided in section 204C.15, subdivision 2. If polling place hours are extended pursuant to
section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph
must include a statement that the polling place hours at the combined polling place will be
extended until the specified time.

Sec. 10.

Minnesota Statutes 2024, section 204B.19, subdivision 5, is amended to read:

Subd. 5.

Party balance requirement.

No more than half of the election judges in a
precinct new text begin , or at any location where ballots are being counted, recounted, or reviewed, new text end may
be members of the same major political party unless the election board consists of an odd
number of election judges, in which case the number of election judges who are members
of the same major political party may be one more than half the number of election judges
in that precinct.

Sec. 11.

Minnesota Statutes 2024, section 204B.21, subdivision 1, is amended to read:

Subdivision 1.

Appointment lists; duties of political parties and secretary of state.

On
May 1 in a year in which there is an election for a partisan political office, each major
political party shall prepare a list of eligible voters to act as election judges in each election
precinct. The list provided by the party must indicate which eligible voters are willing to
travel to a precinct outside of their home jurisdiction to act as an election judge, and the
jurisdictions to which each eligible voter is willing to travel for that purpose. new text begin The list may
also designate certain eligible voters as available to serve as alternates, to be appointed in
the event of unexpected vacancies or if all positions representing that party affiliation are
not able to be filled. new text end The political parties shall furnish the lists electronically to the secretary
of state, in a format specified by the secretary of state. The secretary of state must combine
the data received from each political party under this subdivision and must process the data
to locate the precinct in which the address provided for each potential election judge is
located. If the data submitted by a political party is insufficient for the secretary of state to
locate the proper precinct, the associated name must not appear in any list forwarded to an
appointing authority under this subdivision. The secretary of state shall notify political
parties of any proposed election judges with addresses that could not be located in a precinct.

By May 15, the secretary of state shall furnish electronically to the county auditor a list
of the appropriate names for each election precinct in the jurisdiction of the appointing
authority, and a list of the names of individuals residing outside of the jurisdiction who
indicated a willingness to travel to that jurisdiction to act as an election judge, noting the
political party affiliation of each individual on the list. The county auditor must promptly
forward the appropriate names to the appropriate municipal clerk. new text begin The county auditor or
municipal clerk must notify the secretary of state if there are not a sufficient number of
election judges affiliated with a political party to meet the party balance requirements of
each precinct in the auditor or clerk's jurisdiction. The secretary of state must forward the
notification to the designated representatives of that party and request that the party provide
further names, to the extent practicable.
new text end

Sec. 12.

Minnesota Statutes 2024, section 204B.21, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Election judge major party affiliation; data classification. new text end

new text begin (a) Each appointing
authority must maintain a list of all election judges that indicates the major political party
affiliation of each election judge or a statement that the judge does not affiliate with a major
political party. A list created under this paragraph is public data on individuals.
new text end

new text begin (b) The lists described in subdivisions 1 and 2 are not public data on individuals.
new text end

Sec. 13.

Minnesota Statutes 2024, section 204B.25, subdivision 1, is amended to read:

Subdivision 1.

Duties of county auditor.

Each county auditor shall provide training for
all election judges who are appointed to serve at any election to be held in the county. The
county auditor shall also provide a procedure for emergency training of election judges
elected to fill vacancies. The county auditor may delegate to a municipal election official
the duty to provide training of election judges in that municipality or school district. new text begin The
training must be consistent with the training programs established by the secretary of state
under subdivision 2.
new text end

Sec. 14.

Minnesota Statutes 2024, section 204B.27, subdivision 2, is amended to read:

Subd. 2.

Election law and instructions.

The secretary of state shall prepare and publish
a volume containing all state general laws relating to elections. The attorney general shall
provide annotations to the secretary of state for this volume. On or before August 1 of every
odd-numbered year the secretary of state shall furnish to the county auditors and municipal
clerks enough copies of this volume so that each county auditor and municipal clerk will
have at least one copy. On or before July 1 of every even-numbered year, the secretary of
state shall prepare and make an electronic copy available on the office's website. The
secretary of state deleted text begin may deleted text end new text begin must new text end prepare and transmit to the county auditors and municipal clerks
detailed written instructions for complying with deleted text begin election laws relating to the conduct of
elections, conduct of voter registration and voting procedures deleted text end new text begin the Minnesota Election Law new text end . new text begin
The materials must be kept up to date and include all requirements of the applicable laws
related to the conduct of elections, conduct of voter registration, and voting procedures.
new text end

Sec. 15.

Minnesota Statutes 2024, section 204B.27, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Election judge advice telephone line. new text end

new text begin The secretary of state shall provide a
dedicated telephone line for use by election judges on each election day. The line must be
available for election judges to seek advice and to clarify procedures. The secretary of state
must maintain a log of calls received and the advice given to each election judge caller.
new text end

Sec. 16.

Minnesota Statutes 2024, section 204B.40, is amended to read:

204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.

new text begin (a) new text end The county auditors, municipal clerks, and school district clerks shall retain all
election materials returned to them after any election new text begin , along with any other election materials
used in conducting the election, including but not limited to registration forms, and absentee
ballot envelopes, new text end for at least 22 months from the date of that election. All records and
materials must be stored in a locked container or other secured and locked space. All election
materials involved in a contested election must be retained for 22 months or until the contest
has been finally determined, whichever is later. Abstracts filed by canvassing boards shall
be retained permanently by any officer with whom those abstracts are filed. Election materials
no longer required to be retained pursuant to this section shall be disposed of in accordance
with sections 138.163 to 138.21. Sealed envelopes containing voted ballots must be retained
unopened, except as provided in this section, in a secure location. The county auditor,
municipal clerk, or school district clerk shall not permit any voted ballots to be tampered
with or defaced.

new text begin (b) new text end After the time for filing a notice of contest for an election has passed, the secretary
of state may, for the purpose of monitoring and evaluating election procedures: (1) open
the sealed ballot envelopes and inspect the ballots for that election maintained by the county
auditors, municipal clerks, or school district clerks; (2) inspect the polling place rosters and
completed voter registration applications; or (3) examine other forms required in the
Minnesota election laws for use in the polling place. No inspected ballot or document may
be marked or identified in any manner. After inspection, all ballots must be returned to the
ballot envelope and the ballot envelope must be securely resealed. Any other election
materials inspected or examined must be secured or resealed. No polling place roster may
be inspected until the voting history for that precinct has been posted. No voter registration
application may be inspected until the information on it has been entered into the statewide
registration system.

new text begin (c) Destruction or disposal of voted ballots before the end of the retention period
established in paragraph (a) is a felony.
new text end

Sec. 17.

Minnesota Statutes 2024, section 204C.07, is amended to read:

204C.07 CHALLENGERS.

Subdivision 1.

Partisan elections.

At an election to fill partisan offices, the chair of an
authorized committee of each major political party may appoint by written certificate voters
from that political party to act as challengers new text begin or observers new text end of voters at the polling place for
each precinct. Only one challenger new text begin and one observer new text end from each major political party for
each precinct shall be allowed to remain in the polling place at one time. new text begin The role of
appointed challenger and appointed observer may be performed by the same person.
new text end

Subd. 2.

Nonpartisan elections.

At an election to fill nonpartisan offices, each
nonpartisan candidate may appoint by written certificate voters to act as challengers new text begin or
observers new text end of voters at the polling place for each precinct. Only one challenger for each
candidate shall be allowed to remain in the polling place for each precinct at one time. new text begin The
role of appointed challenger and appointed observer may be performed by the same person.
new text end

Subd. 3.

Elections on a question.

At an election where a question is to be voted upon
in an election jurisdiction, the appropriate mayor of a city, school board of a school district,
or board of supervisors of a town, upon receiving a written petition signed by at least 25
eligible voters, shall appoint by written certificate one voter for each precinct in the
municipality, or school district if applicable, to act as a challenger new text begin and observer new text end of voters
in the polling place for that precinct. The petition must be delivered to the clerk of the
municipality or school conducting the election.

Subd. 3a.

Residence requirement.

A challenger new text begin or observer new text end must be a resident of this
state. Appointed challengers new text begin and observers new text end seeking admission to a polling place to serve in
that capacity must prove their status as a resident of this state by presenting one of the
documents listed in section 201.061, subdivision 3. Challengers new text begin and observers new text end need not
prove residence in the precinct in which they seek to act deleted text begin as a challenger deleted text end .

Subd. 4.

Restrictions on conduct.

An election judge must not be appointed as a
challenger new text begin or observer new text end . The election judges must permit challengers new text begin and observers new text end appointed
pursuant to this section to be present in the polling place during the hours of voting and to
remain there until the votes are counted and the results declared. A challenger new text begin or observer new text end
must not handle or inspect registration cards, files, or lists. Challengers new text begin and observers new text end must
not prepare in any manner any list of individuals who have or have not voted. They must
not attempt to influence voting in any manner. In accordance with section 204C.12,
challengers new text begin and observers new text end must not converse with a voter. new text begin Observers must be permitted to
observe activities at any location in the polling place where ballots are being cast, handled,
stored, or counted, and take photographs and videos of these activities, so long as the
photographs and videos are not further disseminated until after the polling place is closed.
new text end

Subd. 5.

Prohibited challenges.

Challengers and the political parties that appointed
them must not compile lists of voters to challenge on the basis of mail sent by a political
party that was returned as undeliverable or if receipt by the intended recipient was not
acknowledged in the case of registered mail. This subdivision applies to any local, state, or
national affiliate of a political party that has appointed challengers, as well as any
subcontractors, vendors, or other individuals acting as agents on behalf of a political party.

A violation of this subdivision is a gross misdemeanor.

Sec. 18.

Minnesota Statutes 2024, section 204C.24, subdivision 1, is amended to read:

Subdivision 1.

Information requirements.

Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall contain
the following information for each kind of ballot:

(1) the number of ballots delivered to the precinct as adjusted by the actual count made
by the election judges, the number of unofficial ballots made, and the number of absentee
ballots delivered to the precinct;

(2) the number of votes each candidate received or the number of yes and no votes on
each question, the number of undervotes, the number of overvotes, and the number of
defective ballots with respect to each office or question;

(3) the number of spoiled ballots, the number of duplicate ballots made, the number of
absentee ballots rejected, and the number of unused ballots, presuming that the total count
provided on each package of unopened prepackaged ballots is correct;

(4) the number of voted ballots indicating only a voter's choices as provided by section
206.80, paragraph (b), clause (2), item (ii), in precincts that use an assistive voting device
that produces this type of ballot;

(5) the number of individuals who voted at the election in the precinct which must equal
the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86,
subdivision 1;

(6) the number of voters registering on election day in that precinct;

(7) the signatures of the election judges who counted the ballots certifying that all of the
ballots cast were properly piled, checked, and counted new text begin , or that the election judges complied
with the requirements of chapter 206 new text end ; and that the numbers entered by the election judges
on the summary statements correctly show the number of votes cast for each candidate and
for and against each question;

(8) the number of election judges that worked in that precinct on election day; and

(9) the number of voting booths used in that precinct on election day.

At least two copies of the summary statement must be prepared for elections not held
on the same day as the state elections.

Sec. 19.

new text begin [204C.295] RELEASE OF UNOFFICIAL RESULTS.
new text end

new text begin If the secretary of state, county auditor, or municipal clerk makes unofficial election
results available on a public website, the website must identify any precinct in which the
vote totals are changed after the totals were first reported on the website, along with a
notation indicating the number of impacted votes and the candidates for which those votes
were cast; an explanation for the discrepancy; the date and time on which the discrepancy
was discovered; the date and time on which the unofficial results were changed; and the
initials of the elections official who made the change.
new text end

Sec. 20.

Minnesota Statutes 2024, section 204C.35, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Chain of custody procedures. new text end

new text begin No later than December 31 of each year, the
governing body of each municipality and county must adopt a chain of custody procedure
for the purpose of ensuring the integrity and security of all ballots prepared for the conduct
of an election in the following year. The procedure must, at a minimum, require the county
auditor or municipal clerk to maintain a log that identifies each person who handles a ballot,
ballot tabulator, or other voting equipment; the date and time on which that action occurred;
and the person's purpose for doing so. The log must also identify the serial number or other
appropriate identifier for any seals that were newly placed or broken by the person in the
process. The log must be signed and notarized. Prior to counting any ballots, the county
auditor or municipal clerk must affirm under oath that a complete and accurate chain of
custody log has been maintained for each ballot to be counted.
new text end

Sec. 21.

Minnesota Statutes 2024, section 204D.17, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Candidate to bear costs of special election in certain
circumstances. new text end

new text begin Notwithstanding any law to the contrary, if a special election under sections
204D.17 to 204D.27 is required because a candidate was determined to have engaged in
fraud or deception to misrepresent the candidate's eligibility to hold the office, that candidate
must pay all costs incurred by the affected county and municipal jurisdictions to conduct
the special election.
new text end

Sec. 22.

Minnesota Statutes 2024, section 206.845, subdivision 1, is amended to read:

Subdivision 1.

Prohibited connections.

The county auditor and municipal clerk must
secure ballot recording and tabulating systems physically and electronically against
unauthorized access. Except for wired connections within the polling place, ballot recording
and tabulating systems must not be connected to or operated on, directly or indirectly, any
electronic network, including a local area network, a wide-area network, the Internet, or the
World Wide Web. Wireless communications may not be used in any way in a vote recording
or vote tabulating system. Wireless, device-to-device capability is not permitted. No
connection by modem is permitted.

Transfer of information from the ballot recording or tabulating system to another system
for network distribution or broadcast must be made by disk, tape, or other physical means
of communication, other than direct or indirect electronic connection of the vote recording
or vote tabulating system. A county auditor or municipal clerk may not create or disclose,
or permit any other person to create or disclose, an electronic image of the hard drive of
any vote recording or tabulating system or any other component of an electronic voting
system, except as authorized in writing by the secretary of state or for the purpose of
conducting official duties as expressly authorized by law. new text begin A password used to access any
ballot recording or tabulating system must be kept in a secure location in a precinct that is
not accessible or visible to the public.
new text end

Sec. 23.

Minnesota Statutes 2024, section 206.845, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Transmission to central reporting location deleted text end new text begin Printed record of results new text end .

After
the close of the polls, the head election judge must create a printed record of the results of
the election for that precinct. deleted text begin After the record has been printed, the head election judge in
a precinct that employs automatic tabulating equipment may transmit the accumulated tally
for each device to a central reporting location using a telephone, modem, Internet, or other
electronic connection. During the canvassing period, the results transmitted electronically
must be considered unofficial until the canvassing board has performed a complete
reconciliation of the results. deleted text end new text begin Preliminary vote totals must not be printed, viewed, or accessed
by any person, including an election judge or other election official, prior to the closing of
the polls. Unauthorized access to preliminary vote totals is a felony.
new text end

Sec. 24.

Minnesota Statutes 2024, section 206.845, subdivision 3, is amended to read:

Subd. 3.

Cast vote records.

After the municipal clerk or county auditor has received
data from automatic tabulating equipment, deleted text begin textual deleted text end data from the file is public new text begin and must be
available to individuals requesting it. new text end deleted text begin , with the following exceptions, which are protected
nonpublic data under section 13.02:
deleted text end

deleted text begin (1) data that indicate the date, time, or order in which a voter cast a ballot;
deleted text end

deleted text begin (2) data that indicate the method with which a voter cast a ballot;
deleted text end

deleted text begin (3) data files that do not include all ballots cast in a precinct;
deleted text end

deleted text begin (4) data files that provide data in the order it was generated; and
deleted text end

deleted text begin (5) data from precincts in which fewer than ten votes were cast.
deleted text end

deleted text begin Data stored as images are protected nonpublic data under section 13.02.
deleted text end

Sec. 25.

Minnesota Statutes 2024, section 206.89, subdivision 2, is amended to read:

Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the county
canvassing board in each county must set the date, time, and place for the postelection
review of the state general election to be held under this section. The postelection review
must not begin before the ninth day after the state general election and must be complete
no later than the 14th day after the state general election.

At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. The ballots to be reviewed for a precinct include both
the ballots counted at the polling place for that precinct and the absentee ballots counted
centrally by a ballot board for that precinct. The county canvassing board of a county with
fewer than 50,000 registered voters must conduct a postelection review of a total of at least
two precincts. The county canvassing board of a county with between 50,000 and 100,000
registered voters must conduct a review of a total of at least three precincts. The county
canvassing board of a county with over 100,000 registered voters must conduct a review
of a total of at least four precincts, or three percent of the total number of precincts in the
county, whichever is greater. At least one precinct selected in each county must have had
more than 150 votes cast at the general election. new text begin In addition to the minimum number of
precincts required to be chosen by lot, the county canvassing board must select by lot at
least one additional precinct located in a city, town, or school district if specifically requested
by the governing body of that city, town, or school district and a precinct representing that
city, town, or school district has not already been selected for review.
new text end

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office website.

Sec. 26.

Minnesota Statutes 2024, section 206.89, subdivision 3, is amended to read:

Subd. 3.

Scope and conduct of review.

The county canvassing board shall appoint the
postelection review official as defined in subdivision 1. The postelection review must be
conducted of deleted text begin the votes cast for president or governor; United States senator; and United
States representative. The postelection review official may conduct postelection review of
the votes cast for additional offices deleted text end new text begin all offices and questions appearing on the ballot,
excluding races that are uncontested new text end .

The postelection review must be conducted in public at the location where the voted
ballots have been securely stored after the state general election or at another location chosen
by the county canvassing board. The postelection review official for each precinct selected
must conduct the postelection review and may be assisted by election judges designated by
the postelection review official for this purpose. The party balance requirement of section
204B.19 applies to election judges designated for the review. The postelection review must
consist of a manual count of the ballots used in the precincts selected and must be performed
in the manner provided by section 204C.21. The postelection review must be conducted in
the manner provided for recounts under section 204C.361 to the extent practicable. The
review must be completed no later than one day before the meeting of the state canvassing
board to certify the results of the state general election.

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 204B.21, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-04257

204B.21 APPOINTMENT OF ELECTION JUDGES.

Subd. 3.

Access to election judge party affiliation.

Notwithstanding section 13.43, the major political party affiliation of an election judge or a statement that the judge does not affiliate with a major political party may be shared with other election judges assigned to the precinct at the same election, to verify compliance with party balance requirements. This data may not be disclosed or used by the election judges for any other purpose.