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Capital IconMinnesota Legislature

HF 9

5th Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 04:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 5th Engrossment

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A bill for an act
relating to elections; modifying provisions related to voter registration; absentee
voting; establishing a system of early voting; eliminating a restriction on the number
of voters an individual may assist on election day; requiring voting instructions,
sample ballots, and election judges to be multilingual in certain situations;
modifying standards governing access to Help America Vote Act funds; regulating
intimidation, deceptive practices, and interference with voter registration and
voting; campaign finance; regulating small donor political committees and funds;
establishing a small donor state match program; establishing a Democracy Dollar
coupon program; exempting certain candidate expenditures from aggregate
expenditure limits; repealing the political contribution refund program; repealing
the campaign public subsidy program; providing penalties; requiring reports;
appropriating money; amending Minnesota Statutes 2020, sections 5.30, subdivision
2; 8.31, subdivision 1; 10A.01, subdivisions 11, 16a, by adding subdivisions;
10A.02, subdivision 13; 10A.15, subdivision 1; 10A.20, subdivision 3; 10A.25,
by adding subdivisions; 10A.257, subdivision 1; 10A.31, subdivision 4; 10A.322,
subdivision 1; 10A.323; 10A.34, subdivision 4; 13.607, by adding a subdivision;
135A.17, subdivision 2; 201.014, by adding a subdivision; 201.022, subdivision
1; 201.054, subdivisions 1, 2; 201.061, subdivisions 1, 3, by adding subdivisions;
201.071, subdivision 1; 201.091, subdivision 4; 201.161; 201.162; 203B.001;
203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivision
5; 203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.07, subdivision 3;
203B.08, subdivisions 1, 3; 203B.12, subdivision 7; 203B.121, subdivisions 1, 2,
3, 4, 5, by adding a subdivision; 204B.28, subdivision 2; 204C.10; 204C.15,
subdivision 1; 206.82, subdivision 1; 206.83; 211B.04, subdivisions 2, 3, by adding
a subdivision; 211B.32, subdivision 1; 289A.37, subdivision 2; 289A.50,
subdivision 1; 290.01, subdivision 6; 609.165, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 10A; 201; 203B; 204B; 211B; 243;
proposing coding for new law as Minnesota Statutes, chapter 10B; repealing
Minnesota Statutes 2020, sections 10A.31, subdivisions 5, 5a, 6, 6a, 7, 7a, 7b, 10,
11; 10A.315; 10A.321; 10A.322, subdivision 4; 10A.324, subdivisions 1, 3;
13.4967, subdivision 2; 203B.081, subdivision 3; 290.06, subdivision 23.

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

ARTICLE 1

STRENGTHENING VOTER REGISTRATION

Section 1.

Minnesota Statutes 2020, section 13.607, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Data derived from driver's license or Minnesota identification card
applications.
new text end

new text begin Data on an application for a driver's license or a Minnesota identification card
transferred to the secretary of state that are provided by a person whom the secretary of
state determines is not eligible to vote are governed by section 201.161.
new text end

Sec. 2.

Minnesota Statutes 2020, section 135A.17, subdivision 2, is amended to read:


Subd. 2.

Residential housing list.

All postsecondary institutions that enroll students
accepting deleted text beginstate ordeleted text end federal financial aid may prepare a current list of students enrolled in the
institution and residing in the institution's housing or within ten miles of the institution's
campus. new text beginAll postsecondary institutions that enroll students accepting state financial aid must
prepare a current list of students enrolled in the institution and residing in the institution's
housing or within ten miles of the institution's campus.
new text endThe list shall include each student's
current addressnew text begin, unless the student is enrolled in the Safe at Home address confidentiality
program as provided in chapter 5B
new text end. The list shall be certified and sent to the appropriate
county auditor or auditors for use in election day registration as provided under section
201.061, subdivision 3. A residential housing list provided under this subdivision may not
be used or disseminated by a county auditor or the secretary of state for any other purpose.

Sec. 3.

Minnesota Statutes 2020, section 201.054, subdivision 1, is amended to read:


Subdivision 1.

Registration.

new text begin(a) new text endAn individual may register to vote:

(1) at any time before the 20th day preceding any election as provided in section 201.061,
subdivision 1
;

(2) on the day of an election as provided in section 201.061, subdivision 3; or

(3) when submitting an absentee ballot, by enclosing a completed registration application
as provided in section 203B.04, subdivision 4.

new text begin (b) An individual who is under the age of 18, but who is at least 16 years of age and
otherwise eligible, may submit a voter registration application as provided in section 201.061,
subdivisions 1 and 1b.
new text end

Sec. 4.

Minnesota Statutes 2020, section 201.054, subdivision 2, is amended to read:


Subd. 2.

Prohibitions; penalty.

No individual shall intentionally:

(1) cause or attempt to cause the individual's name to be registered in any precinct if the
individual is not eligible to votenew text begin, except as permitted by section 201.061, subdivision 1bnew text end;

(2) cause or attempt to cause the individual's name to be registered for the purpose of
voting in more than one precinct;

(3) misrepresent the individual's identity when attempting to register to vote; or

(4) aid, abet, counsel, or procure any other individual to violate this subdivision.

A violation of this subdivision is a felony.

Sec. 5.

Minnesota Statutes 2020, section 201.061, subdivision 1, is amended to read:


Subdivision 1.

Prior to election day.

(a) At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any individual
who will be an eligible voter at the time of the next election may register to vote in the
precinct in which the voter maintains residence by completing a voter registration application
as described in section 201.071, subdivision 1. A completed application may be submitted:

(1) in person or by mail to the county auditor of that county or to the Secretary of State's
Office; or

(2) electronically through a secure website that shall be maintained by the secretary of
state for this purpose, if the applicant has an e-mail address and provides the applicant's
verifiable Minnesota driver's license number, Minnesota state identification card number,
or the last four digits of the applicant's Social Security number.

new text begin (b) new text endA registration that is received in person or by mail no later than 5:00 p.m. on the
21st day preceding any election, or a registration received electronically through the secretary
of state's secure website no later than 11:59 p.m. on the 21st day preceding any election,
shall be accepted. An improperly addressed or delivered registration application shall be
forwarded within two working days after receipt to the county auditor of the county where
the voter maintains residence. A state or local agency or an individual that accepts completed
voter registration applications from a voter must submit the completed applications to the
secretary of state or the appropriate county auditor within ten calendar days after the
applications are dated by the voter.

deleted text begin (b)deleted text endnew text begin (c)new text end An application submitted electronically under paragraph (a), clause (2), 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 voter registration applications
submitted electronically for evidence of suspicious activity and must forward any such
application to an appropriate law enforcement agency for investigation.

new text begin (d) new text endAn individual may not electronically submit a voter registration application on behalf
of any other individualnew text begin, except that the secretary of state may provide features on the secure
website established under paragraph (a), clause (2), that allow third parties to connect
application programming interfaces that facilitate an individual's submission of voter
registration information while interacting with the third party
new text end.

deleted text begin (c)deleted text endnew text begin (e)new text end For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 6.

Minnesota Statutes 2020, section 201.061, is amended by adding a subdivision to
read:


new text begin Subd. 1b. new text end

new text begin Preregistration. new text end

new text begin An individual who is under the age of 18, but who is at least
16 years of age and meets all requirements for eligibility in section 201.014, except for age,
may submit a voter registration application or be automatically registered under section
201.161 at the address in which the voter maintains residence pursuant to subdivision 1.
Nothing in this section shall be construed to entitle an individual to appear on a polling
place roster or cast a ballot at an election if the individual does not meet all eligibility
requirements for voting, including age.
new text end

Sec. 7.

Minnesota Statutes 2020, 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 licensenew text begin, learner's permit,new text end or Minnesota identification card issued
pursuant to section 171.07new text begin, or a receipt for one of these documents that contains the voter's
valid address in the precinct
new text end;

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

(3)new text begin having a valid registration in the same precinct;
new text end

new text begin (4) presenting a notice of late registration mailed by the county auditor or municipal
clerk;
new text end

new text begin (5)new text end presenting one of the following:

(i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or

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

deleted text begin (4)deleted text endnew text begin (6)new text end 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. 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.

new text begin (b) new text endThe 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 endnew text begin (c)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.

deleted text begin (c)deleted text endnew text begin (d)new text end "Residential facility" means transitional housing as defined in section 256E.33,
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
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; 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 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly
or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

deleted text begin (d)deleted text endnew text begin (e)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 deleted text beginMinnesota Rules, part 8200.5100, subpart 2, item Bdeleted text endnew text begin subdivision 3a, paragraph (c)new text end.

new text begin (f) An eligible voter who resides on a reservation but does not have a residential address
recognized by the United States Postal Service may register to vote using, as the voter's
residential address, the address of the tribal council headquarters or any other address
approved by the secretary of the tribal council.
new text end

deleted text begin (e)deleted text endnew text begin (g)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. 8.

Minnesota Statutes 2020, section 201.061, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Additional proofs of residence permitted with photo identification. new text end

new text begin (a) An
eligible voter may prove residence under this subdivision by presenting one of the photo
identification cards listed in paragraph (b) and one of the additional proofs of residence
listed in paragraph (c).
new text end

new text begin (b) The following documents are acceptable photo identification cards under this
subdivision if the documents contain the voter's name and photograph:
new text end

new text begin (1) a driver's license, a learner's permit, or identification card, issued by the state of
Minnesota or any other state of the United States as defined in Minnesota Statutes, section
645.44, subdivision 11;
new text end

new text begin (2) a United States passport;
new text end

new text begin (3) a United States military or veteran identification card;
new text end

new text begin (4) a student identification card issued by a Minnesota secondary or postsecondary
educational institution; or
new text end

new text begin (5) a tribal 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
individual's signature.
new text end

new text begin (c) The following documents are acceptable additional proofs of residence under this
subdivision if the documents show the voter's name and current address in the precinct:
new text end

new text begin (1) an original bill, including account statements and start-of-service notification, for
telephone, television, or Internet provider services, regardless of how those telephone,
television, or Internet provider services are delivered; gas, electric, solid waste, water, or
sewer services; credit card or banking services; or rent or mortgage payments. The due date
on the bill must be within 30 days before or after election day or, for bills without a due
date, dated within 30 days before election day. For bills delivered electronically, "original"
means a printed copy of the electronic bill or a display of the bill on the voter's portable
electronic device;
new text end

new text begin (2) a current student fee statement that contains the student's valid address in the precinct;
or
new text end

new text begin (3) a residential lease or residential rental agreement if the lease or rental agreement is
valid through election day.
new text end

Sec. 9.

Minnesota Statutes 2020, section 201.061, is amended by adding a subdivision to
read:


new text begin Subd. 3b. new text end

new text begin Additional proofs of residence permitted for students. new text end

new text begin (a) An eligible voter
may prove residence by presenting a current valid photo identification issued by a
postsecondary educational institution in Minnesota if the voter's name; student identification
number, if available; and address within the precinct appear on a current residential housing
list under section 135A.17, certified to the county auditor by the postsecondary educational
institution.
new text end

new text begin (b) This additional proof of residence for students must not be allowed unless the
postsecondary educational institution submits to the county auditor no later than 60 days
prior to the election a written agreement that the postsecondary educational institution will
certify for use at the election accurate updated residential housing lists under section 135A.17.
A written agreement is effective for the election and all subsequent elections held in that
calendar year, including the November general election.
new text end

new text begin (c) The additional proof of residence for students must be allowed on an equal basis for
voters who reside in housing meeting the requirements of section 135A.17, if the residential
housing lists certified by the postsecondary educational institution meet the requirements
of this subdivision.
new text end

new text begin (d) An updated residential housing list must be certified to the county auditor no earlier
than 20 days prior to each election. The certification must be dated and signed by the chief
officer or designee of the postsecondary educational institution and must state that the list
is current and accurate and includes only the names of persons residing as of the date of the
certification.
new text end

new text begin (e) The county auditor shall instruct the election judges of the precinct in procedures for
use of the list in conjunction with photo identification. The auditor shall supply a list to the
election judges with the election supplies for the precinct.
new text end

new text begin (f) The county auditor shall notify all postsecondary educational institutions in the county
of the provisions of this subdivision.
new text end

Sec. 10.

Minnesota Statutes 2020, section 201.071, subdivision 1, is amended to read:


Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number;new text begin a box to indicate a voter's preference
to join the permanent absentee voter list;
new text end and voter's signature. The paper registration
application may include the voter's e-mail address, if provided by the voter. The electronic
voter registration application must include the voter's e-mail address. The registration
application may include the voter's interest in serving as an election judge, if indicated by
the voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) deleted text beginwill be at least 18 years old on election daydeleted text endnew text begin am at least 16 years old and understand
that I must be at least 18 years old to be eligible to vote
new text end;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) deleted text beginWill you be 18 years old on or before election daydeleted text endnew text begin Are you at least 16 years old and
will you be at least 18 years old on or before the day of the election in which you intend to
vote
new text end?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 11.

Minnesota Statutes 2020, section 201.091, subdivision 4, is amended to read:


Subd. 4.

Public information lists.

The county auditor shall make available for inspection
a public information list which must contain the name, address, year of birth, and voting
history of each registered voter in the county. new text beginData on applicants submitted pursuant to
section 201.061, subdivision 1b, are not part of the public information list until the voter is
registered or has voting history.
new text endThe list must not include the party choice of any voter who
voted in a presidential nomination primary. The telephone number must be included on the
list if provided by the voter. The public information list may also include information on
voting districts. The county auditor may adopt reasonable rules governing access to the list.
No individual inspecting the public information list shall tamper with or alter it in any
manner. No individual who inspects the public information list or who acquires a list of
registered voters prepared from the public information list may use any information contained
in the list for purposes unrelated to elections, political activities, or law enforcement. The
secretary of state may provide copies of the public information lists and other information
from the statewide registration system for uses related to elections, political activities, or
in response to a law enforcement inquiry from a public official concerning a failure to
comply with any criminal statute or any state or local tax statute.

Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information from the public information
lists or the statewide registration system must be made and processed in the manner provided
in the rules of the secretary of state.

Upon receipt of a statement signed by the voter that withholding the voter's name from
the public information list is required for the safety of the voter or the voter's family, the
secretary of state and county auditor must withhold from the public information list the
name of a registered voter.

Sec. 12.

Minnesota Statutes 2020, section 201.161, is amended to read:


201.161 deleted text beginDRIVER'S LICENSE AND IDENTIFICATION CARD APPLICATIONSdeleted text endnew text begin
AUTOMATIC VOTER REGISTRATION
new text end.

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin Except as otherwise provided in this section,
an individual must be registered to vote if the individual is eligible to vote under section
201.014 and properly completes and submits one of the following applications, if the
application otherwise requires documentation of citizenship:
new text end

new text begin (1) an application for a new or renewed Minnesota driver's license or identification card;
or
new text end

new text begin (2) an application for benefits or services to a state agency participating under subdivision
4.
new text end

new text begin Subd. 2. new text end

new text begin Option to decline registration. new text end

new text begin After an individual submits an application
qualifying for registration under this section, a county auditor must provide, by mail, a
notice of the option and the procedures necessary to decline to be registered to vote pursuant
to subdivision 6 and section 201.12, subdivision 1. An individual must not be registered to
vote if the individual declines to be registered within 20 days of submitting the application.
The individual must continue to be offered an opportunity to be registered upon completion
or submission of a qualifying application unless the individual presents documentation
demonstrating a lack of citizenship or a failure to meet other eligibility criteria.
new text end

new text begin Subd. 3. new text end

new text begin Department of Public Safety. new text end

new text begin(a) new text endThe deleted text beginDepartmentdeleted text endnew text begin commissionernew text end of public
safety deleted text beginshalldeleted text endnew text begin, in consultation with the secretary of state, mustnew text end change deleted text beginitsdeleted text endnew text begin thenew text end applications for
an original, duplicate, or change of address driver's license or identification card so that the
forms may also serve as voter registration applicationsnew text begin, if the application otherwise includes
verification of the applicant's citizenship
new text end. The forms must contain spaces for all information
deleted text begin collected by voter registration applicationsdeleted text endnew text begin required to register to vote, asnew text end prescribed by the
secretary of state. deleted text beginApplicants for driver's licenses or identification cards must be asked if
they want to register to vote at the same time and that
deleted text endnew text begin Unless the applicant has provided an
address other than the applicant's address of residence under section 171.12, subdivision 7,
paragraph (d), the commissioner must transmit the
new text end information deleted text beginmust be transmitted at least
weekly
deleted text endnew text begin dailynew text end by electronic means to the secretary of state. Pursuant to the Help America
Vote Act of 2002, Public Law 107-252, the computerized driver's license record containing
the voter's name, address, date of birth,new text begin citizenship,new text end driver's license number or state
identification number,new text begin signature image,new text end county, deleted text begintown,deleted text end and citynew text begin or townnew text end must be made
available for access by the secretary of state and interaction with the statewide voter
registration system.new text begin At least monthly, the commissioner must submit data to the secretary
of state identifying the total number of people applying for services in a manner that qualifies
for voter registration under this section and the total number of individuals whose records
were actually transferred for registration.
new text end

new text begin (b) Information on an applicant for a form of an original, duplicate, or change of address
driver's license or identification card that does not include verification of citizenship must
not be transmitted to the secretary of state. The commissioner must provide these applicants
with information on the voting eligibility and the requirements for registering to vote at the
time of the transaction.
new text end

new text begin (c) An applicant must not be registered to vote under this subdivision until the
commissioner of public safety has certified that the department's systems have been tested
and can accurately provide the required data, and the secretary of state has certified that the
system for automatic registration of those applicants has been tested and is capable of
properly determining whether an applicant is eligible to vote. The department's systems
must be tested and accurately provide the necessary date no later than June 1, 2022.
new text end

new text begin (d) For purposes of this section, "driver's license" includes any instruction permit,
provisional license, limited license, restricted license, or operator's permit issuable by the
commissioner of public safety under chapter 171.
new text end

new text begin Subd. 4. new text end

new text begin Other agencies and units of government. new text end

new text begin (a) The commissioner of any state
agency, and the administrative head of any local government or the government of a federally
recognized Indian tribe within the state, in consultation with the secretary of state, may
cause any form or application within its jurisdiction to serve as a voter registration
application, if the form or application already provides verification of an applicant's United
States citizenship. The form or application must contain spaces for all information required
to register to vote, as prescribed by the secretary of state. The commissioner or administrative
head must transmit information daily by electronic means to the secretary of state on any
individual whose United States citizenship has been verified. At least monthly, the
commissioner must submit data to the secretary of state identifying the total number of
people applying for services in a manner that qualifies for voter registration under this
section, and the total number of individuals whose records were actually transferred for
registration.
new text end

new text begin (b) The commissioner or administrative head, in consultation with the secretary of state,
may cause any form or application within its jurisdiction to serve as an update to the address
on an applicant's existing voter registration record. The commissioner or administrative
head must transmit these information daily by electronic means to the secretary of state. At
least monthly, the commissioner or administrative head must submit data to the secretary
of state identifying the total number of people applying for services in a manner that qualifies
for a voter registration address update under this paragraph, and the total number of
individuals whose records were actually transferred for updates.
new text end

new text begin (c) An applicant must not be registered to vote under this subdivision until the agency's
commissioner, or the administrative head of the local or tribal government, has certified
that the necessary systems have been tested and can accurately provide the required data,
and the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to vote.
new text end

new text begin Subd. 5. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state must determine whether an applicant
whose information is submitted under this section is currently registered in the statewide
voter registration system. For each currently registered voter whose registration is not
changed, the secretary of state must update the voter's registration date in the statewide
voter registration system. For each currently registered voter whose registration is changed,
the secretary of state must transmit the registration daily by electronic means to the county
auditor of the county where the voter resides.
new text end

new text begin (b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state must determine whether the applicant is 18 years of age or older and
a citizen of the United States. The secretary of state must also compare the voter registration
information received under section 201.145 to determine whether the applicant is eligible
to vote. If an applicant is less than 18 years of age, the secretary of state must wait until the
applicant has turned 18 years of age to determine whether the applicant is eligible to vote.
For each applicant the secretary of state determines is an eligible voter, the secretary of state
must transmit the registration daily by electronic means to the county auditor of the county
where the voter resides.
new text end

new text begin (c) Any data on applicants who the secretary determines are not eligible to vote are
private data on individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin (d) The county auditor must inactivate the voter's record in the statewide voter registration
system upon receipt of a written request, signed by the voter, that the registration be
inactivated.
new text end

new text begin Subd. 6. new text end

new text begin Notice. new text end

new text begin Upon receipt of the registration information, the county auditor must
provide to the voter the notice of registration required by section 201.121, subdivision 2.
A notice mailed under this subdivision must include information on declining the registration
within the period authorized by subdivision 2, if the voter does not wish to be registered to
vote. The secretary of state may adopt rules prescribing the notice required by this subdivision
and subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Prosecution of registration violations; voluntary action required. new text end

new text begin Unless
an individual knows of the individual's ineligibility to vote and intentionally takes voluntary
action to become registered, the transfer of the individual's record under this section does
not constitute completion or submission of a voter registration application by that individual.
If an application is processed and the individual is registered by the state under this section,
the application and registration is presumed to have been officially authorized by the state
and the individual is not subject to penalty under this section or other applicable law if the
individual is subsequently determined to be ineligible.
new text end

new text begin Subd. 8. new text end

new text begin Effective date. new text end

new text begin A registration application completed pursuant to this section
that is dated during the 20 days before an election is not effective until the day after the
election. This subdivision does not limit the ability of a person to register to vote on election
day as provided in section 201.061, subdivision 3. Any person who submits an application
under this section that is dated during the 20 days before an election shall be provided at
the time of application with a notice advising the applicant of the procedures to register to
vote on election day.
new text end

Sec. 13.

Minnesota Statutes 2020, section 201.162, is amended to read:


201.162 DUTIES OF STATE AGENCIES.

The commissioner or chief administrative officer of each state agency or
community-based public agency or nonprofit corporation that contracts with the state agency
to carry out obligations of the state agency shall provide voter registration services for
employees and the publicnew text begin, including as applicable, automatic voter registration or information
on voter eligibility and registration procedures as required under section 201.161
new text end. A person
may complete a voter registration application or apply to change a voter registration name
or address if the person has the proper qualifications on the date of application. Nonpartisan
voter registration assistance, including routinely asking members of the public served by
the agency whether they would like to register to vote and, if necessary, assisting them in
preparing the registration forms must be part of the job of appropriate agency employees.

Sec. 14. new text beginTRANSITION TO NEW VOTER REGISTRATION APPLICATION
FORMS.
new text end

new text begin After the effective date of this act, an election official may use existing voter registration
forms that do not comply with this act's requirements for applicants who are 18 years of
age or older at the time of registration. Applicants who are 16 years of age at the time of
registration must use an application form that meets the requirements in this act. Beginning
on the effective date of this act, an election official must not print or copy voter registration
applications that do not meet the requirements of this act.
new text end

ARTICLE 2

PROMOTING VOTER ACCESS

Section 1.

Minnesota Statutes 2020, section 201.014, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Felony conviction; restoration of civil right to vote. new text end

new text begin An individual convicted
of a felony has the civil right to vote restored when the individual is no longer incarcerated
for the felony conviction, or upon sentencing if no incarceration is imposed. If the individual
is later incarcerated for the same offense, the individual's civil right to vote is lost only
during the period of incarceration.
new text end

Sec. 2.

Minnesota Statutes 2020, section 201.022, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The secretary of state shall maintain a statewide voter
registration system to facilitate voter registration and to provide a central database containing
voter registration information from around the state. The system must be accessible to the
county auditor of each county in the state. The system must also:

(1) provide for voters to submit their voter registration applications to any county auditor,
the secretary of state, or the Department of Public Safety;

(2) provide for the definition, establishment, and maintenance of a central database for
all voter registration information;

(3) provide for entering data into the statewide registration system;

(4) provide for electronic transfer of completed voter registration applications from the
Department of Public Safety to the secretary of state or the county auditor;

(5) assign a unique identifier to each legally registered voter in the state;

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state
identification number, and last four digits of the Social Security number for each voter
record;

(7) coordinate with other agency databases within the state;

(8) allow county auditors and the secretary of state to add or modify information in the
system to provide for accurate and up-to-date records;

(9) allow county auditors, municipal and school district clerks, and the secretary of state
to have electronic access to the statewide registration system for review and search
capabilities;

(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;

(11) provide access to municipal clerks to use the system;

(12) provide a system for each county to identify the precinct to which a voter should
be assigned for voting purposes;

(13) provide daily reports accessible by county auditors on the driver's license numbers,
state identification numbers, or last four digits of the Social Security numbers submitted on
voter registration applications that have been verified as accurate by the secretary of state;
deleted text begin and
deleted text end

(14) provide reports on the number of absentee ballots transmitted to and returned and
cast by voters under section 203B.16deleted text begin.deleted text endnew text begin; and
new text end

new text begin (15) provide reports necessary for early voting.
new text end

The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.

Sec. 3.

Minnesota Statutes 2020, section 201.071, subdivision 1, is amended to read:


Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) deleted text beginhave the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence
deleted text endnew text begin am not currently
incarcerated for a conviction of a felony offense
new text end; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 4.

new text begin [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT
VOTING RIGHTS.
new text end

new text begin The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. This publication must be made available electronically to the state court administrator
for distribution to judges, court personnel, probation officers, and the commissioner of
corrections for distribution to corrections officials, parole and supervised release agents,
and the public.
new text end

Sec. 5.

Minnesota Statutes 2020, section 203B.001, is amended to read:


203B.001 ELECTION LAW APPLICABILITY.

The Minnesota Election Law is applicable to voting by absentee ballotnew text begin and early votingnew text end
unless otherwise provided in this chapter.

Sec. 6.

Minnesota Statutes 2020, section 203B.01, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Early voting. new text end

new text begin "Early voting" means voting in person before election day at the
office of the county auditor or designated municipal clerk, or at any other location designated
under section 203B.33, within the time period provided in section 203B.31.
new text end

Sec. 7.

Minnesota Statutes 2020, section 203B.03, subdivision 1, is amended to read:


Subdivision 1.

Violation.

(a) No individual shall intentionally:

(1) make or sign any false certificate required by this chapter;

(2) make any false or untrue statement in any application for absentee ballots;

(3) apply for absentee ballots more than once in any election with the intent to cast an
illegal ballot;

(4) exhibit a ballot marked by that individual to any other individual;

(5) do any act in violation of the provisions of this chapter for the purpose of casting an
illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

(6) use information from absentee ballot new text beginor early voting new text endmaterials or records for purposes
unrelated to elections, political activities, or law enforcement;

(7) provide assistance to an absenteenew text begin or earlynew text end voter except in the manner provided by
section 204C.15, subdivision 1;

(8) solicit the vote of an absentee new text beginor early new text endvoter while in the immediate presence of the
voter during the time the individual knows the absentee new text beginor early new text endvoter is voting; or

(9) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.

(b) Before inspecting information from absentee ballot new text beginor early voting new text endmaterials or
records, an individual shall provide identification to the public official having custody of
the material or information.

Sec. 8.

Minnesota Statutes 2020, 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 deleted text beginapplicationdeleted text end 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 deleted text beginapplicationdeleted text end for each eligible election. A voter's permanent absentee status ends and
automatic ballot deleted text beginapplicationdeleted text end 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.

(c) The secretary of state shall adopt rules governing procedures under this subdivision.

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

Sec. 9.

Minnesota Statutes 2020, section 203B.05, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer the
provisions of sections 203B.04 to 203B.15 if:

(1) the county auditor of that county has designated the clerk to administer them; or

(2) the clerk has given the county auditor of that county notice of intention to administer
them.

The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.

A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 new text beginand 203B.30 to 203B.35 new text endif the clerk has been
designated by each of the county auditors or has provided notice to each of the county
auditors that the city will administer absentee voting. A clerk may only administer the
provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the
statewide voter registration system in the secure manner prescribed by the secretary of state.
The secretary of state must identify hardware, software, security, or other technical
prerequisites necessary to ensure the security, access controls, and performance of the
statewide voter registration system. A clerk must receive training approved by the secretary
of state on the use of the statewide voter registration system before administering this section.
A clerk may not use the statewide voter registration system until the clerk has received the
required training. The county auditor must notify the secretary of state of any municipal
clerk who will be administering the provisions of this section and the duties that the clerk
will administer.

Sec. 10.

Minnesota Statutes 2020, section 203B.06, subdivision 1, is amended to read:


Subdivision 1.

Printing and delivery of forms.

Each county auditor and municipal
clerk shall prepare and print a sufficient number of blank application forms for absentee
ballots. The county auditor or municipal clerk shall deliver a blank application form to any
voter who requests one pursuant to section 203B.04. deleted text beginBlank application forms must be mailed
to eligible voters who have requested an application pursuant to section 203B.04, subdivision
5
, at least 60 days before:
deleted text end

deleted text begin (1) each regularly scheduled primary for federal, state, county, city, or school board
office;
deleted text end

deleted text begin (2) each regularly scheduled general election for city or school board office for which
a primary is not held; and
deleted text end

deleted text begin (3) a special primary to fill a federal or county office vacancy or special election to fill
a federal or county office vacancy, if a primary is not required to be held pursuant to section
204D.03, subdivision 3, or 204D.07, subdivision 3; and
deleted text end

deleted text begin (4) any election held in conjunction with an election described in clauses (1) to (3);
deleted text end

deleted text begin or at least 45 days before any other primary or other election for which a primary is not
held.
deleted text end

Sec. 11.

Minnesota Statutes 2020, section 203B.06, subdivision 3, is amended to read:


Subd. 3.

Delivery of ballots.

(a) new text beginThe county auditor or municipal 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, at least 46 days before:
new text end

new text begin (1) each regularly scheduled primary or general election for federal, state, county, city,
or school board office;
new text end

new text begin (2) each special primary or special election to fill a federal, state, county, city, or school
board vacancy; except
new text end

new text begin (3) town clerks administering absentee ballots for a town general election held in March
shall deliver absentee ballots at least 30 days before the election.
new text end

new text begin (b) new text endThe 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.

deleted text begin (b)deleted text endnew text begin (c)new text end 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 a facility providing
assisted living services governed by 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.

deleted text begin (c)deleted text endnew text begin (d)new text end 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. 12.

Minnesota Statutes 2020, section 203B.07, subdivision 3, is amended to read:


Subd. 3.

Eligibility certificate.

A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the return envelope. The certificate shall contain space for
the voter's Minnesota driver's license number, state identification number, or the last four
digits of the voter's Social Security number, or to indicate that the voter does not have one
of these numbers. The space must be designed to ensure that the voter provides the same
type of identification as provided on the voter's absentee ballot application for purposes of
comparison. The certificate must also contain a statement to be signed and sworn by the
voter indicating that the voter meets all of the requirements established by law for voting
by absentee ballot and space for a statement signed by a person who is registered to vote in
Minnesota or by a notary public or other individual authorized to administer oaths stating
thatdeleted text begin:
deleted text end

deleted text begin (1) the ballots were displayed to that individual unmarked;
deleted text end

deleted text begin (2) the voter marked the ballots in that individual's presence without showing how they
were marked, or, if the voter was physically unable to mark them, that the voter directed
another individual to mark them; and
deleted text end

deleted text begin (3)deleted text end if the voter was not previously registered, the voter has provided proof of residence
as required by section 201.061, subdivision 3.

Sec. 13.

Minnesota Statutes 2020, section 203B.08, subdivision 1, is amended to read:


Subdivision 1.

Marking and return by voter.

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 or may be left with the
county auditor or municipal clerk who transmitted the absentee ballots to the voternew text begin in person
or by deposit in an absentee ballot drop box designated under section 203B.082
new text end. If delivered
in person, the return envelope must be submitted to the county auditor or municipal clerk
by 3:00 p.m. on election day.

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. 14.

Minnesota Statutes 2020, section 203B.08, subdivision 3, is amended to read:


Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure location with other return envelopes received by that office.
Within five days after receipt, the county auditor or municipal clerk shall deliver to the
ballot board all ballots received, except that during the 14 days immediately preceding an
election, the county auditor or municipal clerk shall deliver all ballots received to the ballot
board within three days. Ballots received on election day deleted text begineither (1) after 3:00 p.m., if
delivered in person; or (2)
deleted text end after 8:00 p.m., new text beginif delivered in person; ballots postmarked after
election day; and ballots postmarked on or before election day but delivered more than
seven days after election day,
new text endif delivered by mail or a package delivery service, shall be
marked as received late by the county auditor or municipal clerk, and must not be delivered
to the ballot board.new text begin As used in this subdivision, "postmark" means any type of imprint
applied by the United States Postal Service to indicate the location and date the United
States Postal Service accepted custody of a piece of mail, including a bar code, circular
stamp, or other tracking marks.
new text end

Sec. 15.

new text begin [203B.082] ABSENTEE BALLOT DROP BOXES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "drop box" means a secure receptacle
or container established to receive completed absentee ballots 24 hours per day. Drop box
does not include a receptacle or container maintained by the United States Postal Service,
a location at which a voter or an agent may return a completed absentee ballot by providing
it directly to an employee of the county auditor or municipal clerk, or a receptacle or container
located inside a government building for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Minimum standards. new text end

new text begin The county auditor or municipal clerk must provide
locations at which a voter may deposit a completed absentee ballot in a secure drop box,
consistent with the following:
new text end

new text begin (1) at least one location must be provided for every 20,000 registered voters in the
jurisdiction. If there are fewer than 20,000 registered voters in the jurisdiction, the county
auditor or municipal clerk must provide at least one location;
new text end

new text begin (2) if more than one location is required, locations must be distributed in a manner that
ensures equitable access to the drop boxes among all voters in the jurisdiction;
new text end

new text begin (3) locations must be continually monitored by county or municipal staff, including
through the use of video surveillance or other systems meeting standards prescribed by the
secretary of state;
new text end

new text begin (4) the drop box must contain signage or markings that clearly identifies it as an official
absentee ballot return location, consistent with standards prescribed by the secretary of state;
and
new text end

new text begin (5) deposited ballots must be retrieved by the county auditor or municipal clerk on a
regular basis and at least once per day during the absentee voting period.
new text end

new text begin Subd. 3. new text end

new text begin Publication of locations required. new text end

new text begin (a) The county auditor or municipal clerk
must provide a list of designated absentee ballot drop box locations to the secretary of state
no later than 40 days prior to the start of the absentee voting period at every regularly
scheduled primary or general election. The list must be published on the website of the
county or municipality and on the website of the secretary of state at least 35 days prior to
the start of the absentee voting period.
new text end

new text begin (b) The county auditor or municipal clerk must provide an updated list of designated
absentee ballot drop box locations to the secretary of state no later than 20 days prior to the
start of the absentee voting period at every regularly scheduled primary or general election,
if any locations have changed or been added since submission of the list under paragraph
(a). The list must be published on the website of the county or municipality and on the
website of the secretary of state at least 15 days prior to the start of the absentee voting
period.
new text end

new text begin Subd. 4. new text end

new text begin Electioneering prohibited. new text end

new text begin Section 211B.11 applies to conduct within 100
feet of an absentee ballot drop box established under this section.
new text end

new text begin Subd. 5. new text end

new text begin Rules. new text end

new text begin The secretary of state must adopt rules establishing the standards required
by subdivision 2 and any other procedures necessary to implement this section.
new text end

Sec. 16.

new text begin [203B.095] ABSENTEE VOTING INSTRUCTIONS IN LANGUAGES
OTHER THAN ENGLISH.
new text end

new text begin The secretary of state must prepare voting instructions in languages other than English
for use by voters casting a ballot under this chapter. At a minimum, the instructions must
be prepared and made available in print, electronic, and audio-visual formats in the Spanish,
Hmong, and Somali languages.
new text end

Sec. 17.

Minnesota Statutes 2020, section 203B.12, subdivision 7, is amended to read:


Subd. 7.

Names of personsnew text begin requesting an absentee ballotnew text end; rejected absentee ballots.

new text begin(a)
The names of voters who have applied for an absentee ballot are public.
new text endThe names of voters
who have submitted an absentee ballot to the county auditor or municipal clerk that has not
been accepted may not be made available for public inspection until the close of voting on
election day.

new text begin (b) The secretary of state must release a public report at least weekly during the absentee
voting period on the aggregate number of received absentee ballots that were rejected and
the reasons for the rejections.
new text end

Sec. 18.

Minnesota Statutes 2020, section 203B.121, subdivision 1, is amended to read:


Subdivision 1.

Establishment; applicable laws.

(a) The governing body of each county,
municipality, and school district with responsibility to accept and reject absentee ballots new text beginor
to administer early voting
new text endmust, by ordinance or resolution, establish a ballot board. The
board must consist of a sufficient number of election judges trained in the handling of
absentee ballots and appointed as provided in sections 204B.19 to 204B.22. The board may
include deputy county auditors or deputy city clerks who have received training in the
processing and counting of absentee ballots.

(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.

(c) Except as otherwise provided by this section, all provisions of the Minnesota Election
Law apply to a ballot board.

Sec. 19.

Minnesota Statutes 2020, section 203B.121, subdivision 2, is amended to read:


Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot board
shall take possession of all return envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each return envelope and shall mark
it accepted or rejected in the manner provided in this subdivision. 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, subdivision
2
.

(b) The members of the ballot board shall mark the return envelope "Accepted" and
initial or sign the return envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the return envelope are the same as the information
provided on the absentee ballot applicationnew text begin or voter recordnew text end;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as a number on the voter's absentee
ballot application or voter record. If the number does not match, the election judges must
compare the signature provided by the applicant to determine whether the ballots were
returned by the same person to whom they were transmitted;

(4) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the return envelope;

(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and

(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the seventh day before the election, by absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the county
auditor.

(c)(1) If a majority of the members of the ballot board examining a return envelope find
that an absentee voter has failed to meet one of the requirements provided in paragraph (b),
they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected,"
list the reason for the rejection on the envelope, and return it to the county auditor. There
is no other reason for rejecting an absentee ballot beyond those permitted by this section.
Failure to place the ballot within the security envelope before placing it in the outer white
envelope is not a reason to reject an absentee ballot.

(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and return envelope in place of the rejected ballot.

(3) If an envelope 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 e-mail to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.

(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.

(e) An absentee ballot return envelope marked "Rejected" may not be opened or subject
to further review except in an election contest filed pursuant to chapter 209.

Sec. 20.

Minnesota Statutes 2020, section 203B.121, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Duties of ballot board; early voting. new text end

new text begin The members of the ballot board shall
administer the process of early voting as prescribed in section 203B.35 and shall make a
record of voters who cast ballots early and count those ballots as provided in subdivisions
4 and 5.
new text end

Sec. 21.

Minnesota Statutes 2020, section 203B.121, subdivision 3, is amended to read:


Subd. 3.

Record of voting.

(a) When applicable, the county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been acceptednew text begin or that the voter
has cast a ballot pursuant to the early voting procedures provided in this chapter. A voter
whose record indicates that the voter has cast an early ballot must not be permitted to cast
another ballot in that election
new text end. After the close of business on the deleted text beginseventh day before the
election
deleted text endnew text begin day prior to the beginning of the early voting period as provided in section 203B.31new text end,
a voter whose record indicates that an absentee ballot has been accepted must not be permitted
to cast another ballot at that election. In a state primary, general, or state special election
for federal deleted text beginordeleted text endnew text begin,new text end statenew text begin, or countynew text end office, the auditor or clerk must also record this information
in the statewide voter registration system.

(b) The roster must be marked, and a supplemental report of absentee new text beginand early new text endvoters
who submitted a voter registration application with their ballot must be created, no later
than the start of voting on election day to indicate the voters that have already cast a ballot
at the election. The roster may be marked either:

(1) by the county auditor or municipal clerk before election day;

(2) by the ballot board before election day; or

(3) by the election judges at the polling place on election day.

The record of a voter whose absentee ballot was received after the close of business on
the seventh day before the election is not required to be marked on the roster or contained
in a supplemental report as required by this paragraph.

Sec. 22.

Minnesota Statutes 2020, section 203B.121, subdivision 4, is amended to read:


Subd. 4.

Opening of envelopes.

After the close of business on the deleted text beginseventh day before
the election
deleted text endnew text begin day prior to the beginning of the early voting period as provided in section
203B.31
new text end, the ballots from return envelopes marked "Accepted" may 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 voted ballot
is enclosed in the ballot envelope, the ballots must be returned in the manner provided by
section 204C.25 for return of spoiled ballots, and may not be counted.

Sec. 23.

Minnesota Statutes 2020, section 203B.121, subdivision 5, is amended to read:


Subd. 5.

Storage and counting of absentee new text beginand early voting new text endballots.

(a) On a day on
which absentee new text beginor early voting new text endballots are inserted into a ballot box, two members of the
ballot board must:

(1) remove the ballots from the ballot box at the end of the day;

(2) without inspecting the ballots, ensure that the number of ballots removed from the
ballot box is equal to the number of voters new text beginwho cast early votes and new text endwhose absentee ballots
were accepted that day; and

(3) seal and secure all voted and unvoted ballots present in that location at the end of
the day.

(b) After the polls have closed on election day, two members of the ballot board must
count the ballots, tabulating the vote in a manner that indicates each vote of the voter and
the total votes cast for each candidate or question. In state primary and state general elections,
the results must indicate the total votes cast for each candidate or question in each precinct
and report the vote totals tabulated for each precinct. The count must be recorded on a
summary statement in substantially the same format as provided in section 204C.26. The
ballot board shall submit at least one completed summary statement to the county auditor
or municipal clerk. The county auditor or municipal clerk may require the ballot board to
submit a sufficient number of completed summary statements to comply with the provisions
of section 204C.27, or the county auditor or municipal clerk may certify reports containing
the details of the ballot board summary statement to the recipients of the summary statements
designated in section 204C.27.

In state primary and state general elections, these vote totals shall be added to the vote
totals on the summary statements of the returns for the appropriate precinct. In other elections,
these vote totals may be added to the vote totals on the summary statement of returns for
the appropriate precinct or may be reported as a separate total.

The count shall be public. No vote totals from ballots may be made public before the
close of voting on election day.

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots
arrived after the rosters were marked or supplemental reports were generated and whose
ballots were accepted did not vote in person on election day. An absentee ballot submitted
by a voter who has voted in person on election day must be rejected. All other accepted
absentee ballots must be opened, duplicated if necessary, and counted by members of the
ballot board. The vote totals from these ballots must be incorporated into the totals with the
other absentee ballots and handled according to paragraph (b).

Sec. 24.

new text begin [203B.30] EARLY VOTING; APPLICABILITY.
new text end

new text begin (a) Any eligible voter may vote in person in a federal, state, or county election prior to
the date of the election, in the manner provided in sections 203B.31 to 203B.35.
new text end

new text begin (b)(1) Subject to clause (2), for city elections not held in conjunction with a federal,
state, or county election, the city may authorize eligible voters to vote in the manner provided
in sections 203B.31 to 203B.35 upon resolution of the governing body of the city, adopted
prior to the first day for filing affidavits of candidacy for the election. In the case of a home
rule charter city, authorization may alternatively be made by amendment to the city's charter
for this purpose.
new text end

new text begin (2) A city may only authorize voting under sections 203B.31 to 203B.35 if the municipal
clerk has the technical capacity to access the statewide voter registration system in the secure
manner prescribed by the secretary of state. The secretary of state must identify hardware,
software, security, or other technical prerequisites necessary to ensure the security, access
controls, and performance of the statewide voter registration system. The clerk must receive
training approved by the secretary of state on the use of the statewide voter registration
system before administering voting authorized under this paragraph. The clerk may not use
the statewide voter registration system until the clerk has received the required training.
The secretary of state may adopt rules using the exempt rulemaking procedure in section
14.386 as necessary to implement these requirements.
new text end

Sec. 25.

new text begin [203B.31] TIME PERIOD FOR EARLY VOTING.
new text end

new text begin Early voting must be available to any eligible voter as provided in section 203B.32 for
every primary, general, and special election subject to early voting under section 203B.30
from 30 days before the election through 5:00 p.m. on the day before the election. All voters
in line at 5:00 p.m. on the day before the election must be allowed to vote in the same manner
as provided in section 204C.05, subdivision 2.
new text end

Sec. 26.

new text begin [203B.32] HOURS FOR EARLY VOTING.
new text end

new text begin Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on each
weekday during the time period provided in section 203B.31, from 8:00 a.m. to 8:00 p.m.
on at least one weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays before the
election.
new text end

Sec. 27.

new text begin [203B.33] LOCATIONS FOR EARLY VOTING.
new text end

new text begin (a) Early voting must be made available at polling places designated in the county
auditor's offices in county-owned or operated buildings, at the municipal clerk's office in
every municipality that has been delegated the responsibility to administer absentee voting
as provided in section 203B.05 or which is conducting an election that includes early voting
as authorized in section 203B.30, and at any other county or city-owned or operated buildings
designated by the county auditor or municipal clerk. The county auditor or municipal clerk
must designate a sufficient number of locations to ensure that one polling place exists for
every 50,000 people in the county and that locations are geographically distributed to ensure
a reasonable opportunity for all eligible voters in the county to vote early. If a sufficient
number of county or city-owned buildings are not suitable for use as early voting locations,
the county auditor or municipal clerk may contract for the use of other suitable locations
that meet the standards required by law for operation of a polling place. At least one voting
station and one ballot marking device for disabled voters must be made available in each
polling place.
new text end

new text begin (b) The county auditor or municipal clerk must make an electronic ballot counter available
in each polling place.
new text end

new text begin (c) This section does not prohibit the county auditor from establishing additional polling
places, other than those required by paragraph (a), that are open for fewer than 46 days. If
a polling place is open fewer than 46 days before the election, the county auditor or municipal
clerk must post the polling place location and hours of operation on the jurisdiction's website
and must inform the secretary of state of the polling place's location and hours.
new text end

Sec. 28.

new text begin [203B.34] NOTICE TO VOTERS.
new text end

new text begin The county auditor or municipal clerk must prepare a notice to the voters of the days,
times, and locations for early voting. This notice must be posted on the county's website,
if applicable, and the website for each municipality in the county where an early voting
location is designated for the election at least 14 days before the first day for early voting.
If a county or municipality does not have a website, the county auditor or municipal clerk
must publish the notice at least once in the jurisdiction's official newspaper at least seven
days and not more than 14 days before the first day for early voting.
new text end

Sec. 29.

new text begin [203B.35] PROCEDURES FOR EARLY VOTING.
new text end

new text begin Subdivision 1. new text end

new text begin Voting procedure. new text end

new text begin (a) Each voter shall sign the certification provided
in section 204C.10. An individual who is not registered to vote must register in the manner
provided in section 201.061, subdivision 3.
new text end

new text begin (b) After the voter has signed the certification, a member of the ballot board must provide
a ballot to the voter. Ballots must be prepared and distributed by members of the ballot
board in the manner provided in section 204C.09. The voter must mark the ballot and deposit
it in either a precinct voting system or a sealed ballot box. A voter may not leave the polling
place with the ballot.
new text end

new text begin Subd. 2. new text end

new text begin Processing of ballots. new text end

new text begin Ballots cast pursuant to sections 203B.30 to 203B.35
must be processed and counted by a ballot board.
new text end

Sec. 30.

Minnesota Statutes 2020, section 204B.28, subdivision 2, is amended to read:


Subd. 2.

Election supplies; duties of county auditors and clerks.

new text begin(a) new text endExcept as
otherwise provided for absentee ballotsnew text begin in this section andnew text end in section 204B.35, subdivision
4
, the county auditor shall complete the preparation of the election materials for which the
auditor is responsible at least four days before every state primary and state general election.
At any time after all election materials are available from the county auditor but not later
than four days before the election each municipal clerk shall secure from the county auditor:

deleted text begin (a)deleted text endnew text begin (1)new text end the forms that are required for the conduct of the election;

deleted text begin (b)deleted text endnew text begin (2)new text end any printed voter instruction materials furnished by the secretary of state;

deleted text begin (c)deleted text endnew text begin (3)new text end any other instructions for election officers; and

deleted text begin (d)deleted text endnew text begin (4)new text end a sufficient quantity of the official ballots, registration files, envelopes for ballot
returns, and other supplies and materials required for each precinct in order to comply with
the provisions of the Minnesota Election Law. The county auditor may furnish the election
supplies to the municipal clerks in the same manner as the supplies are furnished to precincts
in unorganized territory pursuant to section 204B.29, subdivision 1.

new text begin (b) The county auditor must prepare and make available election materials for early
voting to city clerks designated to administer early voting under section 203B.05 at least
one day prior to the beginning of the early voting period as provided in section 203B.31.
new text end

Sec. 31.

new text begin [204B.295] VOTING INSTRUCTIONS AND SAMPLE BALLOTS IN
LANGUAGES OTHER THAN ENGLISH; MULTILINGUAL ELECTION JUDGES.
new text end

new text begin Subdivision 1. new text end

new text begin Duty. new text end

new text begin The secretary of state or county auditor must contract with a
translator certified by the American Translators Association to develop voting instructions
and sample ballots in languages other than English, to be made available in polling places
during elections as required by this section. At a minimum, voting instructions and sample
ballots must be prepared and made available in print, electronic, and audio-visual formats
in the Spanish, Hmong, and Somali languages.
new text end

new text begin Subd. 2. new text end

new text begin Designation of language minority districts. new text end

new text begin No later than 90 days before an
election, the secretary of state or county auditor, in consultation with the state demographer,
must determine the number of residents of voting age in each school district who are members
of a language minority and who lack sufficient skills in English to vote without assistance.
new text end

new text begin Subd. 3. new text end

new text begin Translation required; designated election judges. new text end

new text begin (a) If the number of
residents determined under subdivision 2 equals three percent or more of the voting-age
residents of a district, or if interested citizens or organizations provide information that
gives the secretary of state or county auditor sufficient reason to believe a need exists, at
least two copies of the translated voting instructions and sample ballot must be provided to
each precinct in that district during any regular or special state or local election conducted
in that district.
new text end

new text begin (b) If the number of residents determined under subdivision 2 equals 20 percent or more
of the voting-age residents of a district, or if interested citizens or organizations provide
information that gives the secretary of state or county auditor sufficient reason to believe a
need exists, at least four copies of the translated voting instructions and sample ballot must
be provided to each precinct in that district during any regular or special state or local
election conducted in that district. In these precincts, at least one election judge appointed
under section 204B.22 must be certified by the American Translators Association to translate
in a specified language if ten or more registered voters in the precinct file a request for
interpretive services for that language with the secretary of state or county auditor at least
30 days prior to the date of the election. This election judge must wear a name tag or other
badge indicating the election judge's language certification.
new text end

new text begin Subd. 4. new text end

new text begin Use of materials; notice required. new text end

new text begin The translated voting instructions and
sample ballots required by this section must be made available for use by voters as a reference
when completing and casting an official ballot. In addition to the number of copies required,
at least one sample ballot and set of instructions in each applicable language, along with a
notice written in that language indicating the availability of those materials, must be posted
in a conspicuous location in each polling place.
new text end

Sec. 32.

Minnesota Statutes 2020, section 204C.10, is amended to read:


204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individualnew text begin:
new text end

new text begin (1)new text end is at least 18 years of agedeleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end a citizen of the United Statesdeleted text begin,deleted text endnew text begin;
new text end

new text begin (3)new text end has resided in Minnesota for 20 days immediately preceding the electiondeleted text begin,deleted text endnew text begin;
new text end

new text begin (4)new text end maintains residence at the address showndeleted text begin,deleted text endnew text begin;
new text end

new text begin (5)new text end is not under a guardianship in which the court order revokes the individual's right to
votedeleted text begin,deleted text endnew text begin;
new text end

new text begin (6)new text end has not been found by a court of law to be legally incompetent to vote deleted text beginordeleted text endnew text begin;
new text end

new text begin (7)new text end has the right to vote because, if the individual was convicted of a felony, deleted text beginthe felony
sentence has expired or been completed or
deleted text end the individual has deleted text beginbeen discharged from the
sentence,
deleted text endnew text begin completed the term of incarceration, if any, for the conviction;
new text end

new text begin (8)new text end is registerednew text begin;new text end and

new text begin (9)new text end has not already voted in the election.

The roster must also state: "I understand that deliberately providing false information
is a felony punishable by not more than five years imprisonment and a fine of not more than
$10,000, or both."

(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 33.

Minnesota Statutes 2020, section 204C.15, subdivision 1, is amended to read:


Subdivision 1.

Physical assistance in marking ballots.

A voter who claims a need for
assistance because of inability to read English or physical inability to mark a ballot may
obtain the aid of two election judges who are members of different major political parties.
The election judges shall mark the ballots as directed by the voter and in as secret a manner
as circumstances permit. A voter in need of assistance may alternatively obtain the assistance
of any individual the voter chooses. Only the following persons may not provide assistance
to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of the
voter's union, or a candidate for election. The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
as directed by the voter. deleted text beginNo person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election.
deleted text end Before the ballots
are deposited, the voter may show them privately to an election judge to ascertain that they
are marked as the voter directed. An election judge or other individual assisting a voter shall
not in any manner request, persuade, induce, or attempt to persuade or induce the voter to
vote for any particular political party or candidate. The election judges or other individuals
who assist the voter shall not reveal to anyone the name of any candidate for whom the
voter has voted or anything that took place while assisting the voter.

Sec. 34.

Minnesota Statutes 2020, section 206.82, subdivision 1, is amended to read:


Subdivision 1.

Program.

A program or programs for use in an election conducted by
means of an electronic voting system or using an electronic ballot marker shall be prepared
at the direction of the county auditor or municipal clerk who is responsible for the conduct
of the election and shall be independently verified by a competent person designated by
that official. The term "competent person" as used in this section means a person who can
demonstrate knowledge as a computer programmer and who is other than and wholly
independent of any person operating or employed by the counting center or the corporation
or other preparer of the program. A test deck prepared by a competent person shall be used
for independent verification of the program; it shall test the maximum digits used in totaling
the returns and shall be usable by insertion during the tabulation process as well as prior to
tabulation. A test deck must also be prepared using the electronic ballot marker program
and must also be used to verify that all valid votes counted by the vote tabulator may be
selected using the electronic ballot marker.new text begin The computer program for any election and an
exact duplicate of the program for use as backup must be completed and delivered to the
election jurisdiction or the county auditor in charge of a common central counting center
at least 40 days prior to the election.
new text end The secretary of state shall adopt rules further specifying
test procedures.

Sec. 35.

Minnesota Statutes 2020, section 206.83, is amended to read:


206.83 TESTING OF VOTING SYSTEMS.

deleted text begin Within 14deleted text endnew text begin At least 37new text end days before election day, the official in charge of elections shall
have the voting system tested to ascertain that the system will correctly mark ballots using
all methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers.
The test must be observed by at least two election judges, who are not of the same major
political party, and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be conducted by (1) processing a preaudited group of
ballots punched or marked to record a predetermined number of valid votes for each candidate
and on each question, and must include for each office one or more ballot cards which have
votes in excess of the number allowed by law in order to test the ability of the voting system
tabulator and electronic ballot marker to reject those votes; and (2) processing an additional
test deck of ballots marked using the electronic ballot marker for the precinct, including
ballots marked using the electronic ballot display, audio ballot reader, and any assistive
voting technology used with the electronic ballot marker. If any error is detected, the cause
must be ascertained and corrected and an errorless count must be made before the voting
system may be used in the election. After the completion of the test, the programs used and
ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

Sec. 36.

new text begin [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional facilities; designation of official. new text end

new text begin The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice and application required under this section to a person to whom
the civil right to vote is restored by reason of the person's release from actual incarceration.
The official shall maintain an adequate supply of voter registration applications and
informational materials for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirement. new text end

new text begin A notice of restoration of the civil right to vote and a
voter registration application must be provided as follows:
new text end

new text begin (1) the chief executive officer of each state and local correctional facility shall provide
the notice and application to a person being released from the facility following incarceration
for a felony-level offense; and
new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice and application
to all individuals under correctional supervision for a felony-level offense.
new text end

new text begin Subd. 3. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must appear substantially
as follows:
new text end

new text begin "NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end

new text begin Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote. To register,
you may complete a voter registration application and return it to the Office of the Minnesota
Secretary of State. You may also register to vote in your polling place on election day. You
will not be permitted to cast a ballot until you register to vote. The first time you appear at
your polling place to cast a ballot, you may be required to provide proof of your current
residence."
new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice as required by
this section does not prevent the restoration of the person's civil right to vote.
new text end

Sec. 37.

Minnesota Statutes 2020, section 609.165, subdivision 1, is amended to read:


Subdivision 1.

Restoration.

When a person has been deprived of civil rights by reason
of conviction of a crime and is thereafter discharged, such discharge shall restore the person
to all civil rights and to full citizenship, deleted text beginwith full right to vote and hold office,deleted text end the same as
if such conviction had not taken place, and the order of discharge shall so provide.

Sec. 38. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 203B.081, subdivision 3, new text end new text begin is repealed.
new text end

Sec. 39. new text beginEFFECTIVE DATE; APPLICABILITY.
new text end

new text begin Except where otherwise provided, this article is effective and applies to elections held
on or after August 1, 2021. The provisions of this act related to early voting are effective
when the secretary of state has certified that:
new text end

new text begin (1) the statewide voter registration system has been tested and shown to properly allow
for the tracking of the information required to conduct early voting and can handle the
expected volume of use; and
new text end

new text begin (2) precinct voting equipment that can tabulate at least 30 different ballot styles has been
certified for use in this state. Upon certification pursuant to this section, the provisions of
this act related to early voting apply to all federal, state, and county elections held on August
1, 2021, and thereafter. A jurisdiction may implement the requirements of this act prior to
the date provided in this section if the secretary of state has made the required certifications
at least 90 days prior to the date of the election at which early voting will be used.
new text end

ARTICLE 3

PROHIBITING VOTER INTIMIDATION AND SAFEGUARDING ELECTIONS
SYSTEM

Section 1.

Minnesota Statutes 2020, section 5.30, subdivision 2, is amended to read:


Subd. 2.

Appropriation.

deleted text beginNotwithstanding section 4.07,deleted text end Money in the Help America
Vote Act account deleted text beginmay be spent only pursuant to direct appropriations enacted from time to
time by law. Money in the account must be spent
deleted text endnew text begin is appropriated to the secretary of statenew text end
to improve new text beginthe new text endadministration of elections in accordance with the Help America Vote Act,
the state plan certified by the governor under the act, and for reporting and administrative
requirements under the act and plan. new text beginTo the extent required by federal law, new text endmoney in the
account must be used in a manner that is consistent with the maintenance of effort
requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252,
based on the level of state expenditures for the fiscal year ending June 30, 2000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any balances of money in the Help America Vote Act account existing on or after
that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 8.31, subdivision 1, is amended to read:


Subdivision 1.

Investigate offenses against provisions of certain designated sections;
assist in enforcement.

The attorney general shall investigate violations ofnew text begin and assist in the
enforcement of the following laws as in this section provided:
new text end

new text begin (1)new text end the law of this state respecting unfair, discriminatory, and other unlawful practices
in business, commerce, or trade, and specifically, but not exclusively, the Nonprofit
Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination
and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections
325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67
and other laws against false or fraudulent advertising, the antidiscrimination acts contained
in section 325D.67, the act against monopolization of food products (section 325D.68), the
act regulating telephone advertising services (section 325E.39), the Prevention of Consumer
Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges
deleted text begin and assist in the enforcement of those laws as in this section provided.deleted text endnew text begin; and
new text end

new text begin (2) section 211B.075 regulating voter intimidation, interference, and deceptive practices
in elections.
new text end

Sec. 3.

new text begin [211B.075] VOTER INTIMIDATION, INTERFERENCE, AND DECEPTIVE
PRACTICES PROHIBITED; CIVIL ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Intimidation. new text end

new text begin (a) A person, whether acting under color of law or
otherwise, may not directly or indirectly use or threaten force, coercion, violence, restraint,
damage, harm, or loss, including loss of employment or economic reprisal against:
new text end

new text begin (1) an individual with respect to registering or abstaining from registering to vote, voting
or abstaining from voting, or voting for or against a candidate or ballot question;
new text end

new text begin (2) an elections official with respect to the performance of duties related to election
administration; or
new text end

new text begin (3) any person with respect to that person's efforts to encourage another to cast a ballot
or assist another in registering to vote, traveling to a polling place, casting a ballot, or
participating in any other aspect of the election process.
new text end

new text begin (b) In an action brought to prevent and restrain violations of this section or to require
the payment of civil penalties, the moving party may show that the action or attempted
action would cause a reasonable person to feel intimidated. The moving party does not need
to show that the actor intended to cause the victim to feel intimidated.
new text end

new text begin Subd. 2. new text end

new text begin Deceptive practices. new text end

new text begin (a) No person, whether acting under color of law or
otherwise, shall within 60 days of an election cause, by any means, information to be
transmitted that the person:
new text end

new text begin (1) intends to impede or prevent another person from exercising the right to vote; and
new text end

new text begin (2) knows to be materially false.
new text end

new text begin (b) The prohibition in this subdivision includes but is not limited to information regarding
the time, place, or manner of holding an election; the qualifications for or restrictions on
voter eligibility at an election; and threats to physical safety associated with casting a ballot.
new text end

new text begin Subd. 3. new text end

new text begin Interference with registration or voting. new text end

new text begin No person, whether acting under
color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person
from voting, registering to vote, or aiding another person in casting a ballot or registering
to vote.
new text end

new text begin Subd. 4. new text end

new text begin Vicarious liability; conspiracy. new text end

new text begin A person, whether acting under color of law
or otherwise, may be held vicariously liable for any damages resulting from the violation
of this section and may be identified in an order restraining violations of this section if that
person:
new text end

new text begin (1) intentionally aids, advises, hires, counsels, abets, incites, compels, or coerces a person
to violate any provision of this section or attempts to aid, advise, hire, counsel, abet, incite,
compel, or coerce a person to violate any provision of this section; or
new text end

new text begin (2) conspires, combines, agrees, or arranges with another to either commit a violation
of this section or aid, advise, hire, counsel, abet, incite, compel, or coerce a third person to
violate any provision of this section.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin (a) The attorney general or any injured person may enforce this
section consistent with the authority provided in section 8.31. An action filed by an injured
person under section 8.31, subdivision 3a, is in the public interest.
new text end

new text begin (b) Remedies allowable under this section are cumulative and do not restrict any other
right or remedy otherwise available to an injured person. An action for a penalty or remedy
under this section must be brought within two years of the date the violation is alleged to
have occurred. The complaint process provided in sections 211B.31 to 211B.36 does not
apply to violations of this section.
new text end

Sec. 4.

new text begin [211B.076] VOTER INTIMIDATION, INTERFERENCE, AND DECEPTIVE
PRACTICES PROHIBITED; CRIMINAL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Intimidation. new text end

new text begin A person is guilty of a crime if the person, whether acting
under color of law or otherwise, directly or indirectly uses or threatens force, coercion,
violence, restraint, damage, harm, or loss, including loss of employment or economic reprisal
against another with the intent to:
new text end

new text begin (1) compel an individual to register or abstain from registering to vote, vote or abstain
from voting, or vote for or against a candidate or ballot question;
new text end

new text begin (2) influence an elections official in the performance of duties related to election
administration; or
new text end

new text begin (3) interfere with any person's efforts to encourage another to cast a ballot or assist
another person in registering to vote, traveling to a polling place, casting a ballot, or
participating in any other aspect of the election process.
new text end

new text begin Subd. 2. new text end

new text begin Deceptive practices. new text end

new text begin (a) A person is guilty of a crime if the person, whether
acting under color of law or otherwise, within 60 days of an election causes, by any means,
information to be transmitted that the person:
new text end

new text begin (1) intends to impede or prevent another person from exercising the right to vote; and
new text end

new text begin (2) knows to be materially false.
new text end

new text begin (b) The prohibition in this subdivision includes but is not limited to information regarding
the time, place, or manner of holding an election; the qualifications for or restrictions on
voter eligibility at an election; and threats to physical safety associated with casting a ballot.
new text end

new text begin Subd. 3. new text end

new text begin Interference with registration or voting. new text end

new text begin A person is guilty of a crime if the
person, whether acting under color of law or otherwise, intentionally hinders, interferes
with, or prevents another person from voting, registering to vote, or aiding another person
in casting a ballot or registering to vote.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The complaint process provided in sections 211B.31 to 211B.36
does not apply to violations of this section.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 211B.32, subdivision 1, is amended to read:


Subdivision 1.

Administrative remedy; exhaustion.

(a) Except as provided in deleted text beginparagraphdeleted text endnew text begin
paragraphs
new text end (b)new text begin and (c)new text end, a complaint alleging a violation of chapter 211A or 211B must be
filed with the office. The complaint must be finally disposed of by the office before the
alleged violation may be prosecuted by a county attorney.

(b) Complaints arising under those sections and related to those individuals and
associations specified in section 10A.022, subdivision 3, must be filed with the Campaign
Finance and Public Disclosure Board.

new text begin (c) Violations of sections 211B.075 and 211B.076 may be enforced as provided in those
sections.
new text end

ARTICLE 4

MODERNIZING MINNESOTA'S CAMPAIGN FINANCE SYSTEM TO EMPOWER
VOTERS AND SMALL DONORS

Section 1.

Minnesota Statutes 2020, section 10A.01, subdivision 11, is amended to read:


Subd. 11.

Contribution.

(a) "Contribution" means money, a negotiable instrument,
new text begin Democracy Dollar coupon redemption under chapter 10B, new text endor a donation in kind that is given
to a political committee, political fund, principal campaign committee, or party unit. An
allocation by an association of general treasury money to be used for activities that must
be or are reported through the association's political fund is considered to be a contribution
for the purposes of disclosure required by this chapter.

(b) "Contribution" includes a loan or advance of credit to a political committee, political
fund, principal campaign committee, or party unit, if the loan or advance of credit is: (1)
forgiven; or (2) repaid by an individual or an association other than the political committee,
political fund, principal campaign committee, or party unit to which the loan or advance of
credit was made. If an advance of credit or a loan is forgiven or repaid as provided in this
paragraph, it is a contribution in the year in which the loan or advance of credit was made.

(c) "Contribution" does not include services provided without compensation by an
individual volunteering personal time on behalf of a candidate, ballot question, political
committee, political fund, principal campaign committee, or party unit; the publishing or
broadcasting of news items or editorial comments by the news media; or an individual's
unreimbursed personal use of an automobile owned by the individual while volunteering
personal time.

Sec. 2.

Minnesota Statutes 2020, section 10A.01, is amended by adding a subdivision to
read:


new text begin Subd. 35c. new text end

new text begin Small donor political committee. new text end

new text begin A "small donor political committee"
means a political committee that engages only in the activities authorized by section 10A.122.
new text end

Sec. 3.

Minnesota Statutes 2020, section 10A.01, is amended by adding a subdivision to
read:


new text begin Subd. 35d. new text end

new text begin Small donor political fund. new text end

new text begin A "small donor political fund" means a political
fund that engages only in the activities authorized by section 10A.122.
new text end

Sec. 4.

Minnesota Statutes 2020, section 10A.02, subdivision 13, is amended to read:


Subd. 13.

Rules.

(a) Chapter 14 applies to the board. The board may adopt rules to carry
out the purposes of this chapternew text begin and chapter 10Bnew text end.

(b) In addition to the notice required under chapter 14, the board shall notify the chairs
and ranking minority members of the committees or subcommittees in the senate and house
of representatives with primary jurisdiction over elections within seven calendar days of
taking the following actions:

(1) publication of a notice of intent to adopt rules or a notice of hearing;

(2) publication of proposed rules in the State Register;

(3) issuance of a statement of need and reasonableness; or

(4) adoption of final rules.

Sec. 5.

new text begin [10A.122] SMALL DONOR POLITICAL COMMITTEES AND FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized activities. new text end

new text begin A small donor political committee or fund may:
new text end

new text begin (1) accept contributions of no more than $200, in aggregate, from any individual
contributor during an election cycle;
new text end

new text begin (2) make contributions to candidates, political parties, or other political committees or
funds of no more than $2,000 during an election cycle;
new text end

new text begin (3) assist a candidate in collecting contributions or Democracy Dollar coupons that are
eligible for state matching funds under section 10A.305;
new text end

new text begin (4) engage in coordinated expenditures with candidates and political parties; and
new text end

new text begin (5) engage in coordinated expenditures with political committees or funds.
new text end

new text begin Subd. 2. new text end

new text begin Other laws apply. new text end

new text begin Except as provided in this section or as expressed in other
applicable law, the laws governing organization, registration, and reporting by a political
committee or fund apply to a small donor political committee or fund.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A small donor political committee or fund is subject to a civil penalty
up to four times the amount of a contribution if the contribution is in excess of the limit
provided by subdivision 1.
new text end

Sec. 6.

Minnesota Statutes 2020, section 10A.15, subdivision 1, is amended to read:


Subdivision 1.

Anonymous contributions.

A political committee, political fund, principal
campaign committee, or party unit may not retain an anonymous contribution in excess of
$20, but must forward it to the board for deposit in the general account of the state elections
campaign account.new text begin An anonymous contribution is not an eligible contribution for purposes
of qualifying for the Democracy Dollar coupon program established in chapter 10B.
new text end

Sec. 7.

Minnesota Statutes 2020, section 10A.20, subdivision 3, is amended to read:


Subd. 3.

Contents of report.

(a) The report required by this section must include each
of the items listed in paragraphs (b) to deleted text begin(q)deleted text endnew text begin (s)new text end that are applicable to the filer. The board shall
prescribe forms based on filer type indicating which of those items must be included on the
filer's report.

(b) The report must disclose the amount of liquid assets on hand at the beginning of the
reporting period.

(c) The report must disclose the name, address, employer, or occupation if self-employed,
and registration number if registered with the board, of each individual or association that
has made one or more contributions to the reporting entity, including the purchase of tickets
for a fund-raising effort, that in aggregate within the year exceed $200 for legislative or
statewide candidates or more than $500 for ballot questions, together with the amount and
date of each contribution, and the aggregate amount of contributions within the year from
each source so disclosed. A donation in kind must be disclosed at its fair market value. An
approved expenditure must be listed as a donation in kind. A donation in kind is considered
consumed in the reporting period in which it is received. The names of contributors must
be listed in alphabetical order. Contributions from the same contributor must be listed under
the same name. When a contribution received from a contributor in a reporting period is
added to previously reported unitemized contributions from the same contributor and the
aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
employer, or occupation if self-employed, of the contributor must then be listed on the
report.

(d)new text begin In the case of a principal campaign committee's report, the report must disclose the
aggregate number of individuals residing in the district the candidate seeks to represent that
made contributions of $200 or less.
new text end

new text begin (e) The report must disclose the aggregate number and value of all Democracy Dollar
coupons redeemed for a contribution under chapter 10B by the reporting entity during the
reporting period.
new text end

new text begin (f) In the case of a principal campaign committee's report on behalf of a candidate who
has agreed to be bound by expenditure limits, the report must disclose the aggregate value
of grassroots campaign expenditures that are exempt from the expenditure limits under
section 10A.25, subdivision 14.
new text end

new text begin (g)new text end The report must disclose the sum of contributions to the reporting entity during the
reporting period.

deleted text begin (e)deleted text endnew text begin (h)new text end The report must disclose each loan made or received by the reporting entity within
the year in aggregate in excess of $200, continuously reported until repaid or forgiven,
together with the name, address, occupation, principal place of business, if any, and
registration number if registered with the board of the lender and any endorser and the date
and amount of the loan. If a loan made to the principal campaign committee of a candidate
is forgiven or is repaid by an entity other than that principal campaign committee, it must
be reported as a contribution for the year in which the loan was made.

deleted text begin (f)deleted text endnew text begin (i)new text end The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to deleted text begin(e)deleted text endnew text begin (g)new text end.

deleted text begin (g)deleted text endnew text begin (j)new text end The report must disclose the sum of all receipts of the reporting entity during the
reporting period.

deleted text begin (h)deleted text endnew text begin (k)new text end The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom aggregate expenditures, approved
expenditures, independent expenditures, and ballot question expenditures have been made
by or on behalf of the reporting entity within the year in excess of $200, together with the
amount, date, and purpose of each expenditure, including an explanation of how the
expenditure was used, and the name and address of, and office sought by, each candidate
on whose behalf the expenditure was made, identification of the ballot question that the
expenditure was intended to promote or defeat and an indication of whether the expenditure
was to promote or to defeat the ballot question, and in the case of independent expenditures
made in opposition to a candidate, the candidate's name, address, and office sought. A
reporting entity making an expenditure on behalf of more than one candidate for state or
legislative office must allocate the expenditure among the candidates on a reasonable cost
basis and report the allocation for each candidate.

deleted text begin (i)deleted text endnew text begin (l)new text end The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.

deleted text begin (j)deleted text endnew text begin (m)new text end The report must disclose the amount and nature of an advance of credit incurred
by the reporting entity, continuously reported until paid or forgiven. If an advance of credit
incurred by the principal campaign committee of a candidate is forgiven by the creditor or
paid by an entity other than that principal campaign committee, it must be reported as a
donation in kind for the year in which the advance of credit was made.

deleted text begin (k)deleted text endnew text begin (n)new text end The report must disclose the name, address, and registration number if registered
with the board of each political committee, political fund, principal campaign committee,
or party unit to which contributions have been made that aggregate in excess of $200 within
the year and the amount and date of each contribution.

deleted text begin (l)deleted text endnew text begin (o)new text end The report must disclose the sum of all contributions made by the reporting entity
during the reporting period.

deleted text begin (m)deleted text endnew text begin (p)new text end The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom noncampaign disbursements have
been made that aggregate in excess of $200 within the year by or on behalf of the reporting
entity and the amount, date, and purpose of each noncampaign disbursement, including an
explanation of how the expenditure was used.

deleted text begin (n)deleted text endnew text begin (q)new text end The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.

deleted text begin (o)deleted text endnew text begin (r)new text end The report must disclose the name and address of a nonprofit corporation that
provides administrative assistance to a political committee or political fund as authorized
by section 211B.15, subdivision 17, the type of administrative assistance provided, and the
aggregate fair market value of each type of assistance provided to the political committee
or political fund during the reporting period.

deleted text begin (p)deleted text endnew text begin (s)new text end Legislative, statewide, and judicial candidates, party units, and political committees
and funds must itemize contributions that in aggregate within the year exceed $200 for
legislative or statewide candidates or more than $500 for ballot questions on reports submitted
to the board. The itemization must include the date on which the contribution was received,
the individual or association that provided the contribution, and the address of the contributor.
Additionally, the itemization for a donation in kind must provide a description of the item
or service received. Contributions that are less than the itemization amount must be reported
as an aggregate total.

deleted text begin (q)deleted text endnew text begin (t)new text end Legislative, statewide, and judicial candidates, party units, political committees
and funds, and committees to promote or defeat a ballot question must itemize expenditures
and noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
submitted to the board. The itemization must include the date on which the committee made
or became obligated to make the expenditure or disbursement, the name and address of the
vendor that provided the service or item purchased, and a description of the service or item
purchased, including an explanation of how the expenditure was used. Expenditures and
noncampaign disbursements must be listed on the report alphabetically by vendor.

Sec. 8.

Minnesota Statutes 2020, section 10A.25, is amended by adding a subdivision to
read:


new text begin Subd. 14. new text end

new text begin Grassroots campaign expenditures exempted. new text end

new text begin (a) The limits provided by
subdivision 2 do not apply to expenditures for staff of the candidate's principal campaign
committee or to costs associated with direct voter contacts.
new text end

new text begin (b) As used in this subdivision:
new text end

new text begin (1) "direct voter contacts" means individualized outreach to a specific voter by an
individual staff person or volunteer that is conducted in person, by telephone, or by electronic
means and in a manner that provides the voter an opportunity to communicate in real-time
directly with the staff person or volunteer conducting the outreach; and
new text end

new text begin (2) "expenditures for staff" includes costs associated with providing the committee's
staff with salary, benefits, worker's compensation insurance, and reasonable administrative
expenses.
new text end

Sec. 9.

Minnesota Statutes 2020, section 10A.25, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Approved expenditures; small donor committee. new text end

new text begin An approved expenditure
by a small donor committee as authorized under section 10A.122 must be counted toward
the expenditure limits provided in this section, unless the expenditure is for an activity
exempted under subdivision 14.
new text end

Sec. 10.

Minnesota Statutes 2020, section 10A.257, subdivision 1, is amended to read:


Subdivision 1.

Unused funds.

After all campaign expenditures and noncampaign
disbursements for an election cycle have been made, an amount up to 25 percent of the
election cycle expenditure limit for the office may be carried forward. Any remaining amount
up to the total amount of the deleted text beginpublic subsidydeleted text endnew text begin state matchnew text end from the state elections campaign
fund must be returned to the state treasury for credit to the general fund under section
10A.324. Any remaining amount in excess of the total deleted text beginpublic subsidydeleted text endnew text begin state matchnew text end must be
contributed to the state elections campaign account or a political party for multicandidate
expenditures as defined in section 10A.275.

Sec. 11.

new text begin [10A.305] SMALL DONOR CONTRIBUTION MATCH PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin State match program established. new text end

new text begin (a) Subject to the eligibility
requirements provided in subdivision 2, a candidate's principal campaign committee is
eligible to receive a state match for each contribution received by the committee from a
contributor who is a Minnesota resident, as follows:
new text end

new text begin (1) a contribution made by a contributor residing in the district that the candidate seeks
to represent must be matched with a state contribution equal to six times the amount of the
contribution; and
new text end

new text begin (2) a contribution made by a contributor who does not reside in the district that the
candidate seeks to represent must be matched with a state contribution equal to three times
the amount of the contribution.
new text end

new text begin (b) Subject to the eligibility requirements in subdivision 2, the state central committee
of a political party is eligible to receive a match for each contribution made by a contributor
who is a Minnesota resident in an amount equal to the amount of the contribution.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin (a) To be eligible to receive a state match under subdivision 1:
new text end

new text begin (1) the receiving candidate or political party must meet the qualifications for participation
in the Democracy Dollar coupon program established in section 10B.07; and
new text end

new text begin (2) the contribution must have been made by a Minnesota resident, and the contributor
must not contribute more than $100 to the candidate's principal campaign committee or the
political party during the election cycle.
new text end

new text begin (b) An individual may make eligible contributions to multiple principal campaign
committees or political parties during an election cycle, but only the first $500 in
contributions are eligible to be matched under this section. A Democracy Dollar coupon
assigned to a principal campaign committee under chapter 10B is eligible for a match under
this section.
new text end

new text begin (c) If a contributor's contributions exceed $100 to the candidate's principal campaign
committee or political party during the election cycle after a contribution qualifies for a
state match under this section, the candidate or party must:
new text end

new text begin (1) refund the excess contribution to the contributor;
new text end

new text begin (2) return the match on the original contributions to the board; or
new text end

new text begin (3) transfer the excess contribution to the board for deposit in the state elections campaign
account.
new text end

new text begin Subd. 3. new text end

new text begin Maximum amount of state match. new text end

new text begin The maximum amount of state matching
funds an eligible candidate or political party may receive in an election cycle is as follows:
new text end

new text begin (1) for a candidate for state legislative office, 50 percent of the expenditure limit for the
office provided in section 10A.25, subdivision 2;
new text end

new text begin (2) for a candidate for state constitutional office, 30 percent of the expenditure limit for
the office provided in section 10A.25, subdivision 2; and
new text end

new text begin (3) for the state central committee of a political party, $30,000.
new text end

new text begin Subd. 4. new text end

new text begin Later contributions. new text end

new text begin This subdivision does not prohibit the contributor from
making a contribution to the principal campaign committee or political party unit in excess
of the limit established by subdivision 2 after the candidate or political party has received
the maximum state match amount allowed by subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Distribution of funds. new text end

new text begin Amounts deposited in the state elections campaign
account must be used for the purpose of providing matching funds under this section.
Amounts designated in the account for each separate political party may only be used to
provide matching funds for candidates of that political party. The board must distribute state
matching funds to qualifying candidates and political party units on a first-come, first-served
basis until all funds are exhausted. Matching funds must be released within 30 days of
application by a principal campaign committee or party unit. The board may prescribe a
form for this purpose and may require the committee or party unit to submit documentation
demonstrating each contribution's eligibility to receive a match.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking. new text end

new text begin The board may adopt rules using the expedited process in section
14.389 as necessary to implement the program established by this section.
new text end

Sec. 12.

Minnesota Statutes 2020, section 10A.31, subdivision 4, is amended to read:


Subd. 4.

Appropriation.

(a) The amounts designated by individuals for the state elections
campaign account, less three percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state elections campaign account,
and are annually appropriated deleted text beginfor distribution as set forth in subdivisions 5, 5a, 6, and 7deleted text endnew text begin for
distribution under section 10A.305, subdivision 5
new text end. The remaining three percent must be
kept in the general fund for administrative costs.

(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election is
appropriated from the general fund for transfer to the general account of the state elections
campaign account.

Sec. 13.

Minnesota Statutes 2020, section 10A.322, subdivision 1, is amended to read:


Subdivision 1.

Agreement by candidate.

(a) As a condition of receiving a deleted text beginpublic subsidydeleted text endnew text begin
small donor match under section 10A.305
new text end, a candidate must sign and file with the board a
written agreement in which the candidate agrees that the candidate will comply with sections
10A.25; 10A.27, subdivision 10; 10A.324; and 10A.38.

(b) Before the first day of filing for office, the board must forward agreement forms to
all filing officers. The board must also provide agreement forms to candidates on request
at any time. The candidate must file the agreement with the board at least three weeks before
the candidate's state primary. An agreement may not be filed after that date. An agreement
once filed may not be rescinded.

(c) The board must notify the commissioner of revenue of any agreement signed under
this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of
a special election and the filing period does not coincide with the filing period for the general
election, a candidate may sign and submit a spending limit agreement not later than the day
after the close of the filing period for the special election for which the candidate filed.

(e) Notwithstanding paragraphs (b) and (d), if a vacancy occurs that will be filled by
means of a special election called under section 204B.13, subdivision 2, paragraph (c), a
candidate may sign and submit a spending limit agreement not later than eight calendar
days after the general election.

Sec. 14.

Minnesota Statutes 2020, section 10A.323, is amended to read:


10A.323 AFFIDAVIT OF CONTRIBUTIONS.

(a) In addition to the requirements of section 10A.322, to be eligible to receive a deleted text beginpublic
subsidy under section 10A.31
deleted text endnew text begin small donor match under section 10A.305new text end a candidate or the
candidate's treasurer must:

(1) between January 1 of the previous year and the cutoff date for transactions included
in the report of receipts and expenditures due before the primary election, accumulate
contributions from individuals eligible to vote in this state in at least the amount indicated
for the office sought, counting only the first deleted text begin$50deleted text endnew text begin $100new text end received from each contributor,
excluding in-kind contributions:

(i) candidates for governor and lieutenant governor running together, $35,000;

(ii) candidates for attorney general, $15,000;

(iii) candidates for secretary of state and state auditor, separately, $6,000;

(iv) candidates for the senate, $3,000; and

(v) candidates for the house of representatives, $1,500;

(2) file an affidavit with the board stating that the principal campaign committee has
complied with this paragraph. The affidavit must state the total amount of contributions that
have been received from individuals eligible to vote in this state, excluding:

(i) the portion of any contribution in excess of $50;

(ii) any in-kind contribution; and

(iii) any contribution for which the name and address of the contributor is not known
and recorded; and

(3) submit the affidavit required by this section to the board in writing by the deadline
for reporting of receipts and expenditures before a primary under section 10A.20, subdivision
4.

(b) A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must accumulate the
contributions specified in paragraph (a) and must submit the affidavit required by this section
to the board within five days after the close of the filing period for the special election for
which the candidate filed.

(c) Notwithstanding paragraphs (a) and (b), a candidate for a vacancy to be filled at a
special election called under section 204B.13, subdivision 2, paragraph (c), must accumulate
the contributions specified in paragraph (a) and must submit the affidavit required by this
section to the board within 12 calendar days after the general election.

(d) A candidate or the candidate's treasurer must be able to electronically file the affidavit
required under this section in the same manner as other reports required by this chapter.
The board must not require the candidate or candidate's treasurer to notarize the affidavit
of contribution.

Sec. 15.

Minnesota Statutes 2020, section 10A.34, subdivision 4, is amended to read:


Subd. 4.

Penalty for violations of chapter new text begin10B or new text end211B under board's jurisdiction.

If
a civil penalty is not specified innew text begin chapter 10B, ornew text end a section of chapter 211B brought under
the board's jurisdiction by section 10A.022, subdivision 3, the board may impose a civil
penalty of up to $3,000.

Sec. 16.

new text begin [10B.01] DEFINITIONS.
new text end

new text begin Except where otherwise provided, the definitions in section 10A.01 apply to this chapter.
new text end

Sec. 17.

new text begin [10B.02] ISSUANCE OF DEMOCRACY DOLLAR COUPONS.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance of coupons to eligible contributors. new text end

new text begin (a) No later than March
1 of each year, the secretary of state must provide a set of two Democracy Dollar coupons
to every person with an active registration in the Statewide Voter Registration System as
of the previous December 31. Each coupon within the set must be redeemable by a qualifying
principal campaign committee or political party unit for a contribution of $25 to that
committee or party unit, as directed by the individual to whom the coupon was issued. An
individual coupon may not be divided into smaller increments. The secretary of state must
provide an option for an individual to request to receive the coupon in an electronic format.
new text end

new text begin (b) A person may request that the coupon be delivered to a physical or electronic address
that is other than that indicated in the person's voter registration record, provided that the
alternate physical address is in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Opt-in. new text end

new text begin Any individual who is otherwise eligible to vote in Minnesota, but not
registered, may submit a written request to the secretary of state for issuance of a set of
coupons under subdivision 1. A request under this subdivision may be submitted to the
secretary of state between January 1 and July 1 of each year. The secretary of state must
prescribe a form for this purpose. Upon verification that the individual is eligible to receive
a set of coupons, the secretary of state must deliver the coupons to the eligible individual
no later than October 1 of that year.
new text end

Sec. 18.

new text begin [10B.03] FORM OF COUPON; RULEMAKING.
new text end

new text begin (a) The Campaign Finance and Public Disclosure Board must adopt rules using the
expedited process in section 14.389 to establish the form of the Democracy Dollar coupon.
new text end

new text begin (b) At a minimum, the coupon must:
new text end

new text begin (1) require the holder to indicate the name of an eligible candidate or political party unit
to which the value of the coupon is to be assigned;
new text end

new text begin (2) provide space for the holder's name, address, original signature, and a statement by
the holder attesting to the holder's understanding of the laws and rules governing the
Democracy Dollar coupon program;
new text end

new text begin (3) include a clear indication that the coupon has no cash value, is not transferable, and
may be assigned only as provided in the laws and rules governing the coupon program; and
new text end

new text begin (4) be in a form that permits third parties to utilize a secure application programming
interface or other internet-based system to facilitate the assignment and redemption of
coupons.
new text end

Sec. 19.

new text begin [10B.04] ASSIGNMENT, DELIVERY, AND RECEIPT OF COUPON.
new text end

new text begin Subdivision 1. new text end

new text begin Assignment. new text end

new text begin (a) Democracy Dollar coupons are only assignable as
authorized by this section.
new text end

new text begin (b) A person lawfully holding a coupon may assign it to a qualified candidate or political
party unit by completing the information required under section 10B.03 and delivering the
coupon to the board, a qualified candidate, or a representative of a qualified candidate or
political party unit.
new text end

new text begin Subd. 2. new text end

new text begin Delivery. new text end

new text begin A properly assigned Democracy Dollar coupon may be delivered to
the qualified candidate or political party unit by mail, in person, electronically through the
board's website, or electronically using a secure application programming interface or other
internet-based system that meets standards approved by the board. The holder of a coupon
may designate an agent to deliver an assigned coupon in person. The board must establish
a secure, user-friendly online system for electronic delivery of assigned coupons. A qualified
candidate or a representative of a qualified candidate or political party unit may assist a
holder in accessing the online system for delivery of an assigned coupon.
new text end

new text begin Subd. 3. new text end

new text begin Deadline for assignment and redemption. new text end

new text begin A Democracy Dollar coupon is
valid for a contribution redemption only if assigned to a qualified candidate or political
party unit no later than 30 days following the date of the next state general election occurring
after the coupon was issued and submitted for redemption by the qualified candidate or
political party unit by December 31 of that year.
new text end

new text begin Subd. 4. new text end

new text begin Status of coupon if voter becomes ineligible to vote. new text end

new text begin A coupon is invalid if
the holder to which it was issued becomes ineligible to vote in Minnesota before the coupon
is assigned.
new text end

new text begin Subd. 5. new text end

new text begin Assignment is irrevocable. new text end

new text begin The valid assignment and delivery of a coupon is
irrevocable, except that a coupon may be re-assigned to another recipient if the board
determines that the assigned recipient is ineligible to redeem it. In making an assignment,
the holder of the coupon assumes the risk that the coupon may not be redeemed by the
candidate or political party unit to which it is assigned.
new text end

new text begin Subd. 6. new text end

new text begin Chapter 325L applies. new text end

new text begin Chapter 325L applies to Democracy Dollar coupons
assigned, delivered, or submitted for redemption under this chapter in an electronic format.
new text end

Sec. 20.

new text begin [10B.05] NO CASH VALUE.
new text end

new text begin Democracy Dollar coupons have no cash value and are not assets, income, or the property
of the holder to which a coupon is issued.
new text end

Sec. 21.

new text begin [10B.06] PROHIBITIONS.
new text end

new text begin Assignment or transfer of a Democracy Dollar coupon for cash or other consideration
is prohibited. A person may not offer to purchase, buy, or sell a coupon and may not transfer
it as a gift to any other person. A coupon may not be assigned by proxy, power of attorney,
or agent.
new text end

Sec. 22.

new text begin [10B.07] QUALIFICATION OF CANDIDATES AND POLITICAL
PARTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Candidate qualification. new text end

new text begin (a) To be qualified for assignment or redemption
of a Democracy Dollar coupon, a candidate must, as of the time the coupon is assigned and
redeemed:
new text end

new text begin (1) have designated a principal campaign committee that is currently registered under
chapter 10A;
new text end

new text begin (2) be seeking an office for which voluntary spending limits are specified in section
10A.25; and
new text end

new text begin (3) have signed and be currently bound by an agreement governed by section 10A.322.
new text end

new text begin (b) A candidate is no longer qualified to receive by assignment or redeem a coupon if
the candidate fails to advance to a general election following a primary election for the
office to which the candidate is seeking election or if the candidate is determined to be in
violation of the terms of the agreement to limit campaign expenditures provided in section
10A.322.
new text end

new text begin Subd. 2. new text end

new text begin Political party unit qualification. new text end

new text begin A Democracy Dollar coupon may be assigned
to and redeemed by a unit of a major political party unit as defined in section 200.02,
subdivision 7, or a minor political party unit qualifying for inclusion on the income tax or
property tax refund form under section 10A.31, subdivision 3a.
new text end

Sec. 23.

new text begin [10B.08] REDEMPTION OF COUPONS; DISTRIBUTION OF
CONTRIBUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Redemption value cap. new text end

new text begin (a) As used in this section, the "redemption
value cap" means the maximum aggregate dollar value of coupons that may be redeemed
by qualified candidates and political parties in a calendar year.
new text end

new text begin (b) For calendar years 2022 and 2023, and each two-year period thereafter until an
increase is required under this paragraph, the redemption value cap for each year is an
amount equal to eight percent of the total dollar value of all coupons issued by the secretary
of state in that year. If, as of December 31 of an even-numbered year, the dollar value of
all coupons redeemed during that year and the immediately preceding odd-numbered year
exceeds 75 percent of the aggregated redemption value cap for those two years, the
redemption value cap must be increased by an additional two percent of the total value of
all coupons issued by the secretary of state each year, beginning in the next odd-numbered
year and for every year thereafter. The redemption value cap may be subsequently increased
in two percent increments according to the standards in this paragraph but may not exceed
16 percent of the total value of coupons issued unless otherwise expressly authorized by
law. No later than January 30 of each year, the board, in consultation with the commissioner
of management and budget, must certify the applicable redemption value cap that applies
during that year.
new text end

new text begin Subd. 2. new text end

new text begin Redemption procedures. new text end

new text begin A candidate or political party unit that has been
assigned a Democracy Dollar coupon may submit it to the board for redemption. Assigned
coupons submitted directly to the board by the holder to which the coupon was issued are
presumed submitted for redemption on behalf of the assigned candidate or party unit.
new text end

new text begin Subd. 3. new text end

new text begin Verification. new text end

new text begin (a) The board must verify the following before redeeming a
coupon:
new text end

new text begin (1) the qualification of the receiving candidate or political party unit;
new text end

new text begin (2) the eligibility of the person to whom the coupon was issued;
new text end

new text begin (3) whether redemption of the coupon would result in the candidate receiving a
contribution in excess of the amounts authorized by law; and
new text end

new text begin (4) whether redemption of the coupon would cause the total dollar value of redeemed
coupons to exceed the redemption value cap.
new text end

new text begin (b) The board may require the assigned candidate or political party unit to submit
documents or records necessary to complete the verifications required by this subdivision.
The eligibility of the person to whom a coupon is issued must be confirmed by the secretary
of state.
new text end

new text begin (c) The board must provide a notice to the original holder of a coupon and to the assigned
recipient if a coupon cannot be verified as eligible for redemption, the reason the coupon
could not be verified or redeemed, and, if applicable, instructions for re-assigning the coupon
to another eligible recipient.
new text end

new text begin Subd. 4. new text end

new text begin Distribution of contribution. new text end

new text begin Upon determination that the coupon is valid for
redemption, the board must disburse the value of the coupon to the assigned candidate's
principal campaign committee or to the treasurer of the assigned political party unit. The
board may adopt procedures for disbursement of the contribution through an electronic
funds transfer to the committee or party unit. These procedures are exempt from chapter
14, and section 14.386 does not apply.
new text end

new text begin Subd. 5. new text end

new text begin Effect of coupons on contribution reporting and limits. new text end

new text begin The value of the
coupon, once redeemed, must be recorded as a contribution made in the name of the person
to whom the coupon is issued. Redeemed coupons must be included in the calculation of
that person's contributions for purposes of reporting under section 10A.20, subdivision 3,
and for purposes of the contribution limits established in section 10A.27.
new text end

new text begin Subd. 6. new text end

new text begin Redemption and distribution schedule. new text end

new text begin The board must promptly verify all
assigned coupons received by the board, regardless of the method of submission. The board
must redeem all properly verified coupons and distribute contributions on a regular schedule,
no less than two times per month, no less than one time per week beginning 60 days prior
to the date of a state primary or state general election, and, to the extent practical, no less
than one time per week during the campaign period preceding a special primary or special
general election as determined by the board.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin Amounts necessary to redeem coupons and distribute the
resulting contributions required under this chapter are appropriated annually from the general
fund to the board. The amount appropriated to the board may not exceed the redemption
value cap in any year.
new text end

Sec. 24.

new text begin [10B.09] USE OF CONTRIBUTION.
new text end

new text begin A contribution received by a principal campaign committee or political party unit under
this chapter may only be used for purposes authorized under chapter 10A or section 211B.12.
new text end

Sec. 25.

new text begin [10B.10] RETURN OF PROCEEDS; RULEMAKING.
new text end

new text begin (a) A candidate who has redeemed a Democracy Dollar coupon and subsequently
withdraws as a candidate for office, dies, becomes ineligible, loses qualification, is defeated
in a primary or general election, or is elected at a general election must, within a reasonable
period, return any unspent coupon contribution proceeds to the board.
new text end

new text begin (b) The board must adopt rules using the expedited rulemaking process in section 14.389
to establish accounting standards and other requirements for compliance with this section.
new text end

Sec. 26.

new text begin [10B.11] VIOLATIONS; ENFORCEMENT.
new text end

new text begin The board may make audits and investigations with respect to the requirements of this
chapter, consistent with the authority, procedures, and remedies provided in sections 10A.022
and 10A.34.
new text end

Sec. 27.

Minnesota Statutes 2020, section 289A.37, subdivision 2, is amended to read:


Subd. 2.

Erroneous refunds.

(a) Except as provided in paragraph (b), an erroneous
refund occurs when the commissioner issues a payment to a person that exceeds the amount
the person is entitled to receive under law. An erroneous refund is considered an
underpayment of tax on the date issued.

(b) To the extent that the amount paid does not exceed the amount claimed by the
taxpayer, an erroneous refund does not include the following:

(1) any amount of a refund or credit paid pursuant to a claim for refund filed by a
taxpayer, including but not limited to refunds of claims made under section deleted text begin290.06,
subdivision 23;
deleted text end 290.067; 290.0671; 290.0672; 290.0674; 290.0675; 290.0677; 290.068;
290.0681; or 290.0692; or chapter 290A; or

(2) any amount paid pursuant to a claim for refund of an overpayment of tax filed by a
taxpayer.

(c) The commissioner may make an assessment to recover an erroneous refund at any
time within two years from the issuance of the erroneous refund. If all or part of the erroneous
refund was induced by fraud or misrepresentation of a material fact, the assessment may
be made at any time.

(d) Assessments of amounts that are not erroneous refunds under paragraph (b) must be
conducted under section 289A.38.

Sec. 28.

Minnesota Statutes 2020, section 289A.50, subdivision 1, is amended to read:


Subdivision 1.

General right to refund.

(a) Subject to the requirements of this section
and section 289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully due and
who files a written claim for refund will be refunded or credited the overpayment of the tax
determined by the commissioner to be erroneously paid.

(b) The claim must specify the name of the taxpayer, the date when and the period for
which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer claims
was erroneously paid, the grounds on which a refund is claimed, and other information
relative to the payment and in the form required by the commissioner. An income tax, estate
tax, or corporate franchise tax return, or amended return claiming an overpayment constitutes
a claim for refund.

(c) When, in the course of an examination, and within the time for requesting a refund,
the commissioner determines that there has been an overpayment of tax, the commissioner
shall refund or credit the overpayment to the taxpayer and no demand is necessary. If the
overpayment exceeds $1, the amount of the overpayment must be refunded to the taxpayer.
If the amount of the overpayment is less than $1, the commissioner is not required to refund.
In these situations, the commissioner does not have to make written findings or serve notice
by mail to the taxpayer.

(d) If the amount allowable as a credit for withholding, estimated taxes, or dependent
care exceeds the tax against which the credit is allowable, the amount of the excess is
considered an overpayment. deleted text beginThe refund allowed by section 290.06, subdivision 23, is also
considered an overpayment.
deleted text end The requirements of section 270C.33 do not apply to the
refunding of such an overpayment shown on the original return filed by a taxpayer.

(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes,
penalties, and interest reported in the return of the entertainment entity or imposed by section
290.9201, the excess must be refunded to the entertainment entity. If the excess is less than
$1, the commissioner need not refund that amount.

(f) If the surety deposit required for a construction contract exceeds the liability of the
out-of-state contractor, the commissioner shall refund the difference to the contractor.

(g) An action of the commissioner in refunding the amount of the overpayment does not
constitute a determination of the correctness of the return of the taxpayer.

(h) There is appropriated from the general fund to the commissioner of revenue the
amount necessary to pay refunds allowed under this section.

Sec. 29.

Minnesota Statutes 2020, section 290.01, subdivision 6, is amended to read:


Subd. 6.

Taxpayer.

The term "taxpayer" means any person or corporation subject to a
tax imposed by this chapter. deleted text beginFor purposes of section 290.06, subdivision 23, the term
"taxpayer" means an individual eligible to vote in Minnesota under section 201.014.
deleted text end

Sec. 30. new text beginPOLITICAL CONTRIBUTIONS REFUND; CALENDAR YEAR 2020 AND
2021 CONTRIBUTIONS AND RECEIPTS.
new text end

new text begin Notwithstanding the repeal of the political contribution refund in section 31, the
commissioner of revenue must continue to pay refunds for political contributions made in
calendar year 2020 for claims filed by April 15, 2021, and calendar year 2021 for claims
filed by April 15, 2022. A candidate or political party unit may not issue political contribution
refund receipts after July 1, 2021.
new text end

Sec. 31. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 10A.31, subdivisions 5, 5a, 6, 6a, 7, 7a, 7b, 10, and
11; 10A.315; 10A.321; 10A.322, subdivision 4; 10A.324, subdivisions 1 and 3; 13.4967,
subdivision 2; and 290.06, subdivision 23,
new text end new text begin are repealed.
new text end

Sec. 32. new text beginEFFECTIVE DATE; RULEMAKING.
new text end

new text begin This article is effective January 1, 2022, except that the Campaign Finance and Public
Disclosure Board may proceed to propose and adopt administrative rules required by this
article beginning the day following final enactment.
new text end

ARTICLE 5

INCREASING TRANSPARENCY AND DISCLOSURE OF SECRET SPENDING

Section 1.

Minnesota Statutes 2020, section 10A.01, subdivision 16a, is amended to read:


Subd. 16a.

Expressly advocating.

"Expressly advocating" meansnew text begin:
new text end

new text begin (1)new text end that a communication clearly identifies a candidate and uses words or phrases of
express advocacydeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) that a communication when taken as a whole and with limited reference to external
events, such as the proximity to the election, is susceptible of no reasonable interpretation
other than as an appeal advocating the election or defeat of one or more clearly identified
candidates; or
new text end

new text begin (3) that a communication promotes, supports, criticizes, or opposes a candidate, regardless
of whether the communication expressly advocates the election or defeat of a candidate.
new text end

Sec. 2.

Minnesota Statutes 2020, section 211B.04, subdivision 2, is amended to read:


Subd. 2.

Independent expenditures.

(a) The required form of the disclaimer on a written
independent expenditure is: "This is an independent expenditure prepared and paid for by
....... (name of entity participating in the expenditure), ....... (address). It is not coordinated
with or approved by any candidate nor is any candidate responsible for it.new text begin The top three
contributors funding this expenditure are (1)......., (2)......., and (3).......
new text end" The address must
be either the entity's mailing address or the entity's website, if the website includes the
entity's mailing address. When a written independent expenditure is produced and
disseminated without cost, the words "and paid for" may be omitted from the disclaimer.

(b) The required form of the disclaimer on a broadcast independent expenditure is: "This
independent expenditure is paid for by ....... (name of entity participating in the expenditure).
It is not coordinated with or approved by any candidate nor is any candidate responsible
for it.new text begin The top three contributors funding this expenditure are (1)......., (2)......., and (3).......new text end"
When a broadcast independent expenditure is produced and disseminated without cost, the
following disclaimer may be used: "....... (name of entity participating in the expenditure)
is responsible for the contents of this independent expenditure. It is not coordinated with
or approved by any candidate nor is any candidate responsible for it."

new text begin (c) The listing of the top three contributors required to be included in a disclaimer under
this subdivision must identify by name the three individuals or entities making the largest
contribution required to be reported under chapter 10A to the expending entity during the
12-month period preceding the first date at which the expenditure was published or presented
to the public. Contributions to the expending entity that are segregated, tracked, and used
for purposes other than the expenditure requiring the disclaimer should not be included in
calculating the top three contributors required to be identified under this subdivision.
new text end

Sec. 3.

Minnesota Statutes 2020, section 211B.04, subdivision 3, is amended to read:


Subd. 3.

Material that does not need a disclaimer.

(a) This section does not apply to
fund-raising tickets, business cards, personal letters, or similar items that are clearly being
distributed by the candidate.

(b) This section does not apply to an individual or association that is not required to
register or report under chapter 10A or 211A.

(c) This section does not apply to the following:

(1) bumper stickers, pins, buttons, pens, or similar small items on which the disclaimer
cannot be conveniently printed;new text begin and
new text end

(2) skywriting, wearing apparel, or other means of displaying an advertisement of such
a nature that the inclusion of a disclaimer would be impracticabledeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) online banner ads and similar electronic communications that link directly to an
online page that includes the disclaimer.
deleted text end

(d) This section does not modify or repeal section 211B.06.

Sec. 4.

Minnesota Statutes 2020, section 211B.04, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Certain electronic communications and advertisements. new text end

new text begin Notwithstanding
subdivisions 1 and 2, the Campaign Finance and Public Disclosure Board must adopt rules
using the expedited process in section 14.389 to specify the form and content of the disclaimer
required by those subdivisions for small electronic communications on which the full
disclaimer cannot be conveniently printed including but not limited to online banner ads,
text messages, social media communications, and small advertisements appearing on a
mobile telephone or other handheld electronic device. In its rules, the board may waive the
disclaimer requirement for categories of communications where inclusion would be
technologically impossible.
new text end

APPENDIX

Repealed Minnesota Statutes: H0009-5

10A.31 DESIGNATION OF INCOME TAX PAYMENTS.

Subd. 5.

Allocation.

(a) General account. In each calendar year the money in the general account must be allocated to candidates as follows:

(1) 21 percent for the offices of governor and lieutenant governor together;

(2) 4.2 percent for the office of attorney general;

(3) 2.4 percent each for the offices of secretary of state and state auditor;

(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative; and

(5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative.

(b) Party account. In each calendar year the money in each party account must be allocated as follows:

(1) 14 percent for the offices of governor and lieutenant governor together;

(2) 2.8 percent for the office of attorney general;

(3) 1.6 percent each for the offices of secretary of state and state auditor;

(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative;

(5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative; and

(6) ten percent or $50,000, whichever is less, for the state committee of a political party; one-third of any amount in excess of that allocated to the state committee of a political party under this clause must be allocated to the office of state senator and two-thirds must be allocated to the office of state representative under clause (4).

Money allocated to each state committee under clause (6) must be deposited in a separate account and must be spent for only those items enumerated in section 10A.275. Money allocated to a state committee under clause (6) must be paid to the committee by the board as it is received in the account on a monthly basis, with payment on the 15th day of the calendar month following the month in which the returns were processed by the Department of Revenue, provided that these distributions would be equal to 90 percent of the amount of money indicated in the Department of Revenue's weekly unedited reports of income tax returns and property tax refund returns processed in the month, as notified by the Department of Revenue to the board. The amounts paid to each state committee are subject to biennial adjustment and settlement at the time of each certification required of the commissioner of revenue under subdivisions 7 and 10. If the total amount of payments received by a state committee for the period reflected on a certification by the Department of Revenue is different from the amount that should have been received during the period according to the certification, each subsequent monthly payment must be increased or decreased to the fullest extent possible until the amount of the overpayment is recovered or the underpayment is distributed.

Subd. 5a.

Party account for legislative candidates.

To ensure that money will be returned to the counties from which it was collected and to ensure that the distribution of money rationally relates to the support for particular parties or for particular candidates within legislative districts, money from the party accounts for legislative candidates must be distributed as provided in this subdivision.

Each candidate for the state senate and state house of representatives whose name is to appear on the ballot in the general election must receive money from the candidate's party account allocated to candidates for the state senate or state house of representatives, whichever applies, according to the following formula:

For each county within the candidate's district, the candidate's share of the dollars designated by taxpayers who resided in that county and credited to the candidate's party account and allocated to that office must be:

(1) the sum of the votes cast in the last general election in that part of the county in the candidate's district for all candidates of that candidate's party whose names appeared on the ballot statewide and for the state senate and state house of representatives, divided by

(2) the sum of the votes cast in the entire county in the last general election for all candidates of that candidate's party whose names appeared on the ballot statewide and for the state senate and state house of representatives, multiplied by

(3) the amount in the candidate's party account designated by taxpayers who resided in that county and allocated to that office.

The sum of all the county shares calculated in the formula above is the candidate's share of the candidate's party account.

In a year in which an election for the state senate occurs, with respect to votes for candidates for the state senate only, "last general election" means the last general election in which an election for the state senate occurred.

For a party under whose name no candidate's name appeared on the ballot statewide in the last general election, amounts in the party's account must be allocated based on (i) the number of people voting in the last general election in that part of the county in the candidate's district, divided by (ii) the number of the people voting in the entire county in the last general election, multiplied by (iii) the amount in the candidate's party account designated by taxpayers who resided in that county and allocated to that office.

In the first general election after the legislature is redistricted, "the candidate's district" means the newly drawn district and voting data from the last general election must be applied to the area encompassing the newly drawn district, notwithstanding that the area was in a different district in the last general election.

If in a district there was no candidate of a party for the state senate or state house of representatives in the last general election, or if a candidate for the state senate or state house of representatives was unopposed, the vote for that office for that party is the average vote of all the remaining candidates of that party in each county of that district whose votes are included in the sums in clauses (1) and (2). The average vote must be added to the sums in clauses (1) and (2) before the calculation is made for all districts in the county.

Subd. 6.

Distribution of party accounts.

As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue one week before the state primary, to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section 10A.323, who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10.

Subd. 6a.

Party account money not distributed.

Money from a party account not distributed to candidates for state senator or representative in any election year must be returned to the general fund of the state, except that the subsidy from the party account an unopposed candidate would otherwise have been eligible to receive must be paid to the state committee of the candidate's political party to be deposited in a special account under subdivision 5, paragraph (b), clause (6), and used for only those items permitted under section 10A.275. Money from a party account not distributed to candidates for other offices in an election year must be returned to the party account for reallocation to candidates as provided in subdivision 5, paragraph (b), in the following year.

Subd. 7.

Distribution of general account.

(a) As soon as the board has obtained the results of the primary election from the secretary of state, but no later than one week after certification of the primary results by the State Canvassing Board, the board must distribute the available money in the general account, as certified by the commissioner of revenue one week before the state primary and according to allocations set forth in subdivision 5, in equal amounts to all candidates of a major political party whose names are to appear on the ballot in the general election and who:

(1) have signed a spending limit agreement under section 10A.322;

(2) have filed the affidavit of contributions required by section 10A.323; and

(3) were opposed in either the primary election or the general election.

(b) The public subsidy under this subdivision may not be paid in an amount that would cause the sum of the public subsidy paid from the party account plus the public subsidy paid from the general account to exceed 50 percent of the expenditure limit for the candidate or 50 percent of the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10. Money from the general account not paid to a candidate because of the 50 percent limit must be distributed equally among all other qualifying candidates for the same office until all have reached the 50 percent limit or the balance in the general account is exhausted.

Subd. 7a.

Withholding of public subsidy.

If a candidate who is eligible for payment of public subsidy under this section has not filed the report of receipts and expenditures required under section 10A.20 before a primary election, any public subsidy for which that candidate is eligible must be withheld by the board until the candidate complies with the filing requirements of section 10A.20 and the board has sufficient time to review or audit the report. If a candidate who is eligible for public subsidy does not file the report due before the primary election under section 10A.20 by the date that the report of receipts and expenditures filed before the general election is due, that candidate shall not be paid public subsidy for that election.

Subd. 7b.

Failure to repay.

A candidate who fails to repay money required by the agreement cannot be paid additional public subsidy funds during the current or future election cycles until the entirety of the unexpended funds and any associated collection fees are either repaid to the board or discharged by court action.

Subd. 10.

December distribution.

In the event that on the date of either certification by the commissioner of revenue as provided in subdivision 6 or 7, less than 98 percent of the tax returns have been processed, the commissioner of revenue must certify to the board by December 1 the amount accumulated in each account since the previous certification. By December 15, the board must distribute to each candidate according to the allocations in subdivisions 5 and 5a the amounts to which the candidates are entitled.

Subd. 11.

Write-in candidate.

For the purposes of this section, a write-in candidate is a candidate only upon complying with sections 10A.322 and 10A.323.

10A.315 SPECIAL ELECTION SUBSIDY.

(a) Each eligible candidate for a legislative office in a special election must be paid a public subsidy equal to the sum of:

(1) the party account money at the last general election for the candidate's party for the office the candidate is seeking; and

(2) the general account money paid to a candidate for the same office at the last general election.

(b) A candidate who wishes to receive this public subsidy must submit a signed agreement under section 10A.322 to the board and must meet the contribution requirements of section 10A.323. The special election subsidy must be distributed in the same manner as money in the party and general accounts is distributed to legislative candidates in a general election.

(c) The amount necessary to make the payments required by this section is appropriated from the general fund for transfer to the state special elections campaign account for distribution by the board as set forth in this section.

10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.

Subdivision 1.

Calculation and certification of estimates.

The commissioner of revenue must calculate and certify to the board one week before the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign account and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign account. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed.

Subd. 2.

Publication, certification, and notification procedures.

Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. Within two weeks after the last day for filing for office, the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10.

10A.322 SPENDING LIMIT AGREEMENTS.

Subd. 4.

Refund receipt forms; penalty.

(a) The board must make available to a political party on request and to any candidate for whom an agreement under this section is effective, a supply of official refund receipt forms that state in boldface type that:

(1) a contributor who is given a receipt form is eligible to claim a refund as provided in section 290.06, subdivision 23; and

(2) if the contribution is to a candidate, that the candidate has signed an agreement to limit campaign expenditures as provided in this section.

The forms must provide duplicate copies of the receipt to be attached to the contributor's claim.

(b) The willful issuance of an official refund receipt form or a facsimile of one to any of the candidate's contributors by a candidate or treasurer of a candidate who did not sign an agreement under this section is subject to a civil penalty of up to $3,000 imposed by the board.

(c) The willful issuance of an official refund receipt form or a facsimile to an individual not eligible to claim a refund under section 290.06, subdivision 23, is subject to a civil penalty of up to $3,000 imposed by the board.

(d) A violation of paragraph (b) or (c) is a misdemeanor.

10A.324 RETURN OF PUBLIC SUBSIDY.

Subdivision 1.

When return required.

A candidate must return all or a portion of the public subsidy received from the state elections campaign account or the public subsidy received under section 10A.315, under the circumstances in this section or section 10A.257, subdivision 1.

To the extent that the amount of public subsidy received exceeds the aggregate of: (1) actual expenditures made by the principal campaign committee of the candidate; and (2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's principal campaign committee must return an amount equal to the difference to the board. The cost of postage that was not used during an election cycle and payments that created credit balances at vendors at the close of an election cycle are not considered expenditures for purposes of determining the amount to be returned. Expenditures in excess of the candidate's spending limit do not count in determining aggregate expenditures under this paragraph.

Subd. 3.

How return determined.

Whether or not a candidate is required under subdivision 1 to return all or a portion of the public subsidy must be determined from the report required to be filed with the board by that candidate by January 31 of the year following an election. An amount required to be returned must be submitted in the form of a check or money order and must accompany the report filed with the board. The board must deposit the check or money order in the state treasury for credit to the general fund. The amount returned must not exceed the amount of public subsidy received by the candidate.

13.4967 OTHER TAX DATA CODED ELSEWHERE.

Subd. 2.

Political contribution refund.

Certain political contribution refund data in the Revenue Department are classified under section 290.06, subdivision 23.

203B.081 LOCATIONS AND METHODS FOR ABSENTEE VOTING IN PERSON.

Subd. 3.

Alternative procedure.

(a) The county auditor may make available a ballot counter and ballot box for use by the voters during the seven days before the election. If a ballot counter and ballot box is provided, a voter must be given the option either (1) to vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the manner provided in this subdivision.

(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must state the voter's name, address, and date of birth to the county auditor or municipal clerk. The voter shall sign a voter's certificate, which must include the voter's name, identification number, and the certification required by section 201.071, subdivision 1. The signature of an individual on the voter's certificate and the issuance of a ballot to the individual is evidence of the intent of the individual to vote at that election.

(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately retire to a voting station or other designated location in the polling place to mark the ballot. The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter may return it to the election official in exchange for a new ballot. After completing the ballot, the voter shall deposit the ballot into the ballot box.

(d) The election official must immediately record that the voter has voted in the manner provided in section 203B.121, subdivision 3.

(e) The election duties required by this subdivision must be performed by the county auditor, municipal clerk, or a deputy of the auditor or clerk.

290.06 RATES OF TAX; CREDITS.

Subd. 23.

Refund of contributions to political parties and candidates.

(a) A taxpayer may claim a refund equal to the amount of the taxpayer's contributions made in the calendar year to candidates and to a political party. The maximum refund for an individual must not exceed $50 and for a married couple, filing jointly, must not exceed $100. A refund of a contribution is allowed only if the taxpayer files a form required by the commissioner and attaches to the form a copy of an official refund receipt form issued by the candidate or party and signed by the candidate, the treasurer of the candidate's principal campaign committee, or the chair or treasurer of the party unit, after the contribution was received. The receipt forms must be numbered, and the data on the receipt that are not public must be made available to the campaign finance and public disclosure board upon its request. A claim must be filed with the commissioner no sooner than January 1 of the calendar year in which the contribution was made and no later than April 15 of the calendar year following the calendar year in which the contribution was made. A taxpayer may file only one claim per calendar year. Amounts paid by the commissioner after June 15 of the calendar year following the calendar year in which the contribution was made must include interest at the rate specified in section 270C.405.

(b) No refund is allowed under this subdivision for a contribution to a candidate unless the candidate:

(1) has signed an agreement to limit campaign expenditures as provided in section 10A.322;

(2) is seeking an office for which voluntary spending limits are specified in section 10A.25; and

(3) has designated a principal campaign committee.

This subdivision does not limit the campaign expenditures of a candidate who does not sign an agreement but accepts a contribution for which the contributor improperly claims a refund.

(c) For purposes of this subdivision, "political party" means a major political party as defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion on the income tax or property tax refund form under section 10A.31, subdivision 3a.

A "major party" or "minor party" includes the aggregate of that party's organization within each house of the legislature, the state party organization, and the party organization within congressional districts, counties, legislative districts, municipalities, and precincts.

"Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a candidate for judicial office.

"Contribution" means a gift of money.

(d) The commissioner shall make copies of the form available to the public and candidates upon request.

(e) The following data collected or maintained by the commissioner under this subdivision are private: the identities of individuals claiming a refund, the identities of candidates to whom those individuals have made contributions, and the amount of each contribution.

(f) The commissioner shall report to the campaign finance and public disclosure board by each August 1 a summary showing the total number and aggregate amount of political contribution refunds made on behalf of each candidate and each political party. These data are public.

(g) The amount necessary to pay claims for the refund provided in this section is appropriated from the general fund to the commissioner of revenue.

(h) For a taxpayer who files a claim for refund via the Internet or other electronic means, the commissioner may accept the number on the official receipt as documentation that a contribution was made rather than the actual receipt as required by paragraph (a).