SF 4128
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/05/2026 09:38 a.m.
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A bill for an act
relating to elections; requiring certain voters who register on election day to cast
provisional ballots; making conforming changes; amending Minnesota Statutes
2024, sections 204C.32, as amended; 204C.33, subdivision 3; 204C.37; 205.065,
subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10,
subdivision 3; Minnesota Statutes 2025 Supplement, sections 201.061, subdivision
3; 204C.33, subdivision 1; 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 2025 Supplement, section 201.061, subdivision 3, is amended
to read:
Subd. 3.
Election day registration.
(a) An individual who is eligible to vote may register
or update a registration 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 or updating a
registration 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 who provides
proof that they are 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. 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 unless the election judge personally knows the
individual is a resident of the precinct. 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. The secretary of state shall
provide a form for election judges to use in recording the number 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.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
new text begin
(b) If an individual is unable to provide a Minnesota driver's license number, Minnesota
state identification number, or Social Security number, the individual may register and cast
a provisional ballot pursuant to section 204C.135.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The secretary of state must publish guidance for residential facilities and residential
facility employees on the vouching process and the requirements of this subdivision.
deleted text begin (c)deleted text end new text begin (d)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 (e)new text end For tribal band members, an individual may prove residence for purposes of
registering or updating a registration 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.
deleted text begin (e)deleted text end new text begin (f)new text end A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.
Sec. 2.
new text begin
[204C.135] PROVISIONAL BALLOTS; PROOF OF IDENTITY AND
RESIDENCE.
new text end
new text begin Subdivision 1. new text end
new text begin Casting provisional ballots. new text end
new text begin
(a) A voter who registered on election day
pursuant to section 201.061, subdivision 3, or while early voting under section 203B.30,
subdivision 2, and is unable to provide a Minnesota driver's license number, Minnesota
state identification number, or Social Security number is entitled to cast a provisional ballot
in the manner provided by this section.
new text end
new text begin
(b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster or
a provisional voter signature certificate and complete the voter registration application on
the provisional ballot signature envelope. The voter registration application may be completed
by an electronic roster and affixed to the provisional ballot signature envelope. The voter
must also swear or affirm in writing that the voter is eligible to vote, has not voted previously
in the same election, and meets the criteria for registering to vote in the precinct in which
the voter appears.
new text end
new text begin
(c) Once the voter has completed the provisional ballot signature envelope, the voter
must be allowed to cast a provisional ballot. The provisional ballot must be in the same
form as the official ballot available in the precinct on election day. A completed provisional
ballot shall be sealed in a ballot envelope. The ballot envelope shall be sealed inside the
voter's provisional ballot signature envelope and deposited by the voter in a secure, sealed
provisional ballot box. Completed provisional ballots must not be combined with other
voted ballots in the polling place.
new text end
new text begin
(d) An election judge must inform the voter on the option for the voter to have their
provisional ballot counted by presenting their Minnesota driver's license number, Minnesota
state identification number, or Social Security number to the county auditor or municipal
clerk during the seven days following the election. The election judge must inform the voter
of the location of the county auditor or municipal clerk responsible for accepting or rejecting
provisional ballots and the hours the county auditor or municipal clerk is open for business
during the week following the election.
new text end
new text begin
(e) The secretary of state must prescribe the form of the provisional ballot signature
envelope, the provisional ballot roster, and the provisional voter signature certificate. The
provisional ballot signature envelope must be a color other than that provided for absentee
ballot signature envelopes, be prominently labeled "Provisional Ballot Signature Envelope,"
and contain a space for the voter to list the voter's name, address of residence, and date of
birth.
new text end
new text begin
(f) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.
new text end
new text begin Subd. 2. new text end
new text begin Accepting or rejecting provisional ballot signature envelopes. new text end
new text begin
(a) Beginning
four days after the election and finishing no later than seven days after the election, the
county auditor or municipal clerk must process each applicant's provisional ballot signature
envelope. If the voter appears at the office of the county auditor or municipal clerk during
that period and presents their Minnesota driver's license number, Minnesota state
identification number, or Social Security number, or if the applicant's eligibility can be
verified using other data available to the county auditor or municipal clerk, the voter's
provisional ballot signature envelope must be accepted. The county auditor or municipal
clerk must mark the provisional ballot signature envelope "Accepted" and initial or sign the
envelope below the word "Accepted." If the applicant is not registered to vote, the provisional
ballot signature envelope must be rejected. If a provisional ballot signature envelope is
rejected, the county auditor or municipal clerk must mark the provisional ballot signature
envelope "Rejected," initial or sign it below the word "Rejected," and list the reason for
rejection on the envelope. The county auditor or municipal clerk must promptly record in
the statewide voter registration system that a voter's provisional ballot signature envelope
has been accepted or rejected.
new text end
new text begin
(b) The county auditor or municipal clerk must mail the voter a written notice of
provisional ballot rejection between six and ten weeks following the election. The notice
must include the reason for rejection and the name of the appropriate election official to
whom the voter may direct further questions, along with appropriate contact information.
new text end
new text begin
(c) A provisional ballot signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.
new text end
new text begin Subd. 3. new text end
new text begin Provisional ballots; reconciliation. new text end
new text begin
On the seventh day after the election and
prior to counting any provisional ballots in the final vote totals from a precinct, the county
auditor or municipal clerk must verify that the number of signatures appearing on the
provisional ballot roster from the precinct is equal to or greater than the number of provisional
ballots submitted by voters in the precinct on election day. Any discrepancy must be resolved
before the provisional ballots from the precinct may be counted. Excess provisional ballots
must be randomly withdrawn from the accepted provisional ballots in the manner required
by section 204C.20, subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Counting provisional ballots. new text end
new text begin
Once the reconciliation process required by
subdivision 3 is completed, accepted provisional ballot signature envelopes must be opened;
duplicated as needed in the manner provided in section 206.86, subdivision 5; initialed by
the members of the ballot board; and deposited in the appropriate ballot box. If more than
one ballot is enclosed in the ballot envelope, the ballots must be spoiled and must not be
counted.
new text end
Sec. 3.
Minnesota Statutes 2024, section 204C.32, as amended by Laws 2025, chapter 39,
article 8, section 70, is amended to read:
204C.32 CANVASS OF STATE PRIMARIES.
Subdivision 1.
County canvass.
The county canvassing board must meet at the county
auditor's office on deleted text begin either the second or thirddeleted text end new text begin the tenthnew text end day following the state primary. After
taking the oath of office, the canvassing board must publicly canvass the election returns
delivered to the county auditor. The board must complete the canvass by the third day
following the state primary and must promptly prepare and file with the county auditor a
report that states:
(a) the number of individuals voting at the election in the county, and in each precinct;
(b) for each precinct, the number of individuals registering to vote or updating
registrations on election day and the number of individuals who were registered before
election day and did not need to update the voter's registration;
(c) for each major political party, the names of the candidates running for each partisan
office and the number of votes received by each candidate in the county and in each precinct;
(d) the names of the candidates of each major political party who are nominated; and
(e) the number of votes received by each of the candidates for nonpartisan office in each
precinct in the county and the names of the candidates nominated for nonpartisan office.
Upon completion of the canvass, the county auditor must mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor must transmit one of the certified copies of the county canvassing board report for
state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state must mail a
notice of nomination to each nominee for state or federal office.
Subd. 2.
State canvass.
The State Canvassing Board shall meet at a public meeting
space located in the Capitol complex area deleted text begin sevendeleted text end new text begin 14new text end days after the state primary to canvass
the certified copies of the county canvassing board reports received from the county auditors.
Immediately after the canvassing board declares the results, the secretary of state shall
certify the names of the nominees to the county auditors. The secretary of state shall mail
to each nominee a notice of nomination.
Sec. 4.
Minnesota Statutes 2025 Supplement, section 204C.33, subdivision 1, is amended
to read:
Subdivision 1.
County canvass.
The county canvassing board must meet at the county
auditor's office between the deleted text begin thirddeleted text end new text begin tenthnew text end and deleted text begin eighthdeleted text end new text begin 14thnew text end days following the state general
election. After taking the oath of office, the board must promptly and publicly canvass the
general election returns delivered to the county auditor. Upon completion of the canvass,
the board must promptly prepare and file with the county auditor a report which states:
(a) the number of individuals voting at the election in the county and in each precinct;
(b) for each precinct, the number of individuals registering to vote or updating
registrations on election day and the number of individuals who were registered before
election day and did not need to update the voter's registration;
(c) the names of the candidates for each office and the number of votes received by each
candidate in the county and in each precinct;
(d) the number of votes counted for and against a proposed change of county lines or
county seat; and
(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.
The result of write-in votes cast on the general election ballots must be compiled by the
county auditor before the county canvass, except that write-in votes for a candidate for
federal, state, or county office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor must arrange for each
municipality to provide an adequate number of election judges to perform this duty or the
county auditor may appoint additional election judges for this purpose. The county auditor
may open the envelopes or containers in which the voted ballots have been sealed in order
to count and record the write-in votes and must reseal the voted ballots at the conclusion of
this process. The county auditor must prepare a separate report of votes received by precinct
for write-in candidates for federal, state, and county offices who have requested under
section 204B.09 that votes for those candidates be tallied.
Upon completion of the canvass, the county canvassing board must declare the candidate
duly elected who received the highest number of votes for each county and state office voted
for only within the county. The county auditor must transmit a certified copy of the county
canvassing board report for state and federal offices to the secretary of state by messenger,
express mail, or similar service immediately upon conclusion of the county canvass.
Sec. 5.
Minnesota Statutes 2024, section 204C.33, subdivision 3, is amended to read:
Subd. 3.
State canvass.
The State Canvassing Board shall meet at a public meeting
space located in the Capitol complex area on the deleted text begin 16thdeleted text end new text begin 24thnew text end day following the state general
election to canvass the certified copies of the county canvassing board reports received from
the county auditors and shall prepare a report that states:
(1) the number of individuals voting in the state and in each county;
(2) the number of votes received by each of the candidates, specifying the counties in
which they were cast; and
(3) the number of votes counted for and against each constitutional amendment, specifying
the counties in which they were cast.
If the deleted text begin 16thdeleted text end new text begin 24thnew text end day falls on a state holiday, the canvassing board shall meet on the next
business day.
All members of the State Canvassing Board shall sign the report and certify its
correctness. Within three days after completing the canvass, the State Canvassing Board
shall declare the result and declare the candidates duly elected who received the highest
number of votes for each federal office and for each state office voted on in more than one
county.
Sec. 6.
Minnesota Statutes 2024, section 204C.37, is amended to read:
204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.
A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
subdivision 1, shall be certified under the official seal of the county auditor. The copy shall
be enclosed in an envelope addressed to the secretary of state, with the county auditor's
name and official address and the words "Election Returns" endorsed on the envelope. The
copy of the canvassing board report must be sent by express mail or delivered to the secretary
of state. If the copy is not received by the secretary of state within deleted text begin tendeleted text end new text begin 17new text end days following
deleted text begin the applicable electiondeleted text end new text begin a primary election, or within 24 days following a general electionnew text end ,
the secretary of state shall immediately notify the county auditor, who shall deliver another
copy to the secretary of state by special messenger.
Sec. 7.
Minnesota Statutes 2024, section 205.065, subdivision 5, is amended to read:
Subd. 5.
Results.
The municipal primary shall be conducted and the returns made in the
manner provided for the state primary so far as practicable. deleted text begin The canvass may be conducted
on either the second or third day after the primary.
deleted text end
The governing body of the municipality shall canvass the returnsnew text begin on the tenth day after
the primarynew text end , and the two candidates for each office who receive the highest number of votes,
or a number of candidates equal to twice the number of individuals to be elected to the
officedeleted text begin ,deleted text end who receive the highest number of votes, shall be the nominees for the office named.
Their names shall be certified to the municipal clerk who shall place them on the municipal
general election ballot without partisan designation and without payment of an additional
fee.
Sec. 8.
Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
(a) Between
the deleted text begin thirddeleted text end new text begin tenthnew text end and deleted text begin tenthdeleted text end new text begin 17thnew text end days after an election, the governing body of a city conducting
any election including a special municipal electiondeleted text begin ,deleted text end or the governing body of a town
conducting the general election in November shall act as the canvassing board, canvass the
returns, and declare the results of the election. The governing body of a town conducting
the general election in March shall act as the canvassing board, canvass the returns, and
declare the results of the election within deleted text begin twodeleted text end new text begin ninenew text end days after an election.
(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.
(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality
shall determine the result by lot. The clerk of the canvassing board shall certify the results
of the election to the county auditor, and the clerk shall be the final custodian of the ballots
and the returns of the election.
Sec. 9.
Minnesota Statutes 2024, section 205A.03, subdivision 4, is amended to read:
Subd. 4.
Results.
deleted text begin (a)deleted text end The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. deleted text begin If the primary is
conducted:
deleted text end
deleted text begin
(1) only within that school district, a canvass may be conducted on either the second or
third day after the primary; or
deleted text end
deleted text begin
(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
deleted text end
new text begin On the tenth day after the primary, new text end the school board of the school district shall canvass
the returns, and the two candidates for each specified school board position who receive
the highest number of votes, or a number of candidates equal to twice the number of
individuals to be elected to at-large school board positions who receive the highest number
of votes, are the nominees for the office named. Their names must be certified to the school
district clerk who shall place them on the school district general election ballot without
partisan designation and without payment of an additional fee.
deleted text begin
(b) Following a school district primary as described in paragraph (a), clause (2), a canvass
may be conducted on the second day after the primary if the county auditor of each county
in which the school district is located agrees to administratively review the school district's
primary voting statistics for accuracy and completeness within a time that permits the canvass
to be conducted on that day.
deleted text end
Sec. 10.
Minnesota Statutes 2024, section 205A.10, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
Between the
deleted text begin thirddeleted text end new text begin tenthnew text end and deleted text begin tenthdeleted text end new text begin 17thnew text end days after a school district election other than a recount of a special
election conducted under section 126C.17, subdivision 9, or 475.59, the school board shall
canvass the returns and declare the results of the election. After the time for contesting
elections has passed, the school district clerk shall issue a certificate of election to each
successful candidate. If there is a contest, the certificate of election to that office must not
be issued until the outcome of the contest has been determined by the proper court. If there
is a tie vote, the school board shall determine the result by lot. The clerk shall deliver the
certificate of election to the successful candidate by personal service or certified mail. The
successful candidate shall file an acceptance and oath of office in writing with the clerk
within 30 days of the date of mailing or personal service. A person who fails to qualify prior
to the time specified shall be deemed to have refused to serve, but that filing may be made
at any time before action to fill the vacancy has been taken. The school district clerk shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.
A school district canvassing board shall perform the duties of the school board according
to the requirements of this subdivision for a recount of a special election conducted under
section 126C.17, subdivision 9, or 475.59.
Sec. 11. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective July 1, 2026, and applies to elections held on or after that date.
new text end