HF 63

as introduced - 90th Legislature (2017 - 2018) Posted on 01/13/2017 09:59am

A bill for an act
relating to data practices; classifying election judge party affiliation as public data
on individuals; amending Minnesota Statutes 2016, sections 13.607, by adding a
subdivision; 204B.21, subdivision 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 13.607, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Election judge party affiliation. new text end

new text begin The party affiliation of election judges is
classified as provided in section 204B.21, subdivision 3.
new text end

Sec. 2.

Minnesota Statutes 2016, section 204B.21, subdivision 2, is amended to read:

Subd. 2.

Appointing authority; powers and duties.

Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality. Election judges
for precincts in unorganized territory and for performing election-related duties assigned
by the county auditor shall be appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the governing body of the
municipality or municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes. Except as otherwise provided in this section,
appointments shall be made from lists furnished pursuant to subdivision 1 subject to the
eligibility requirements and other qualifications established or authorized under section
204B.19. At least two election judges in each precinct must be affiliated with different major
political parties. If no lists have been furnished or if additional election judges are required
after all listed names in that municipality have been exhausted, the appointing authority
may appoint other individuals who meet the qualifications to serve as an election judge,
including persons who are not affiliated with a major political party. new text begin An individual who is
appointed from a source other than the list furnished pursuant to subdivision 1 must provide
to the appointing authority the individual's major political party affiliation or a statement
that the individual does not affiliate with any major political party. An individual who
refuses to provide the individual's major political party affiliation or a statement that the
individual does not affiliate with a major political party must not be appointed as an election
judge. new text end The appointments shall be made at least 25 days before the election at which the
election judges will serve, except that the appointing authority may pass a resolution
authorizing the appointment of additional election judges within the 25 days before the
election if the appointing authority determines that additional election judges will be required.

Sec. 3.

Minnesota Statutes 2016, section 204B.21, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

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

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

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