Minnesota Legislature
HF 1603
1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/28/2020 01:03pm
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9
2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2
3.3 3.4
3.5 3.6 3.7 3.8 3.9 3.10
3.11
3.12 3.13 3.14 3.15 3.16 3.17 3.18
3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24
4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 6.1 6.2 6.3 6.4
6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21
8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29
9.1 9.2 9.3 9.4
9.5 9.6 9.7 9.8 9.9
9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18
10.19 10.20
10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6
11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28
11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13
12.14 12.15
12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28
13.29 13.30
13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7
14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22
14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2
15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25
16.26 16.27
16.28 16.29 16.30 16.31 17.1 17.2
17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23
17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29
18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14
19.15 19.16 19.17 19.18 19.19 19.20
19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4
20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12
20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23
20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10
21.11 21.12 21.13 21.14 21.15 21.16
21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29
21.30 21.31
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 23.1 23.2 23.3 23.4 23.5
23.6 23.7 23.8 23.9 23.10
23.11
23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18
24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28
25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9
26.10 26.11
26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19
26.20 26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32
27.1 27.2
27.3 27.4 27.5
27.6 27.7
27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11
28.12 28.13 28.14 28.15
28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14
30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10
31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26
32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2 34.3 34.4 34.5 34.6
34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18
34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31
35.1 35.2 35.3
35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12
35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30
36.1 36.2 36.3 36.4 36.5
36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5 37.6 37.7
37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20
37.21 37.22 37.23
37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10
38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9
39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23
40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19
41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16
42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8
43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29
44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5
47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31
48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8
48.9 48.10
48.11 48.12 48.13 48.14 48.15 48.16
48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7
49.8
49.9 49.10 49.11
49.12 49.13
49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25
49.26 49.27
49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5
50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15
50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 51.1 51.2 51.3 51.4 51.5 51.6 51.7
51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15
51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3
52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11
52.12 52.13 52.14
52.15 52.16 52.17 52.18 52.19 52.20 52.21
52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32
53.1 53.2 53.3 53.4
53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 55.1 55.2 55.3
55.4 55.5 55.6 55.7 55.8
55.9 55.10 55.11 55.12 55.13 55.14 55.15
55.16 55.17 55.18 55.19 55.20 55.21
55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16
56.17 56.18
56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16
57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22
58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25
61.26 61.27 61.28
61.29 61.30 61.31 61.32 61.33 62.1 62.2
62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32
68.1 68.2
68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13
69.14 69.15
69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23
69.24 69.25
69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14
71.15 71.16
71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11
73.12 73.13 73.14 73.15
73.16 73.17
73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7
79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2
81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20
82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4
83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32
84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8
A bill for an act
relating to elections; making policy and technical changes to various election and
campaign finance related provisions; providing automatic voter registration;
restoring the voting rights of persons with felony convictions; providing early
voting; authorizing automatic absentee ballot delivery; authorizing ranked-choice
voting; adopting the National Popular Vote Interstate Compact; modifying
campaign finance reporting requirements for Hennepin County elections and certain
political subdivisions in Hennepin County; modifying definition of expressly
advocating; requiring reporting of electioneering communications; establishing a
redistricting commission; appropriating money; amending Minnesota Statutes
2018, sections 10A.01, subdivisions 4, 7, 9, 11, 16a, 17c, 18, 20, 26, 27, 28, by
adding a subdivision; 10A.12, subdivisions 1, 2; 10A.121, subdivisions 1, 2;
10A.13, subdivision 1; 10A.17, subdivision 4; 10A.20, subdivisions 3, 6a, by
adding a subdivision; 10A.244; 10A.25, subdivision 3a; 10A.27, subdivision 15;
13.607, by adding a subdivision; 123B.09, subdivision 5b; 174.24, by adding a
subdivision; 201.014, by adding a subdivision; 201.022, subdivision 1; 201.071,
subdivision 1; 201.091, subdivision 4; 201.161; 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.081, subdivision 1; 203B.085; 203B.121,
subdivisions 1, 2, 3, 5, by adding a subdivision; 204B.28, subdivision 2; 204B.35,
by adding a subdivision; 204B.45, subdivisions 1, 2; 204C.03, by adding a
subdivision; 204C.10; 204C.15, subdivision 1; 204C.24, subdivision 1; 204D.19,
subdivision 2; 204D.195; 204D.22, subdivision 3; 204D.23, subdivision 2; 205.13,
subdivision 2; 206.58, subdivision 1; 206.61, by adding a subdivision; 206.80;
206.82, subdivision 1; 206.83; 206.86, by adding a subdivision; 206.89,
subdivisions 2, 3; 207A.12; 207A.13; 207A.14; 207A.15, subdivision 2; 383B.041;
473.408, by adding a subdivision; 609.165, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapters 2; 10A; 201; 203B; 204B; 204D; 206;
207A; 208; 243; proposing coding for new law as Minnesota Statutes, chapter
204E; repealing Minnesota Statutes 2018, sections 10A.15, subdivision 6;
203B.081, subdivision 3; 383B.042; 383B.043; 383B.044; 383B.045; 383B.046;
383B.047; 383B.048; 383B.049; 383B.05; 383B.051; 383B.052; 383B.053;
383B.054; 383B.055; 383B.056; 383B.057.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ELECTIONS AND VOTING RIGHTS
Section 1.
Minnesota Statutes 2018, 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 applications. new text end
new text begin
Data on an application for
a driver's license, a Minnesota identification card, or a learner's permit 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 2018, section 123B.09, subdivision 5b, is amended to read:
Subd. 5b.
Appointments to fill vacancies; special elections.
(a) Any vacancy on the
board, other than a vacancy described in subdivision 4, must be filled by board appointment
at a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall be effective 30 days following adoption of the resolution, subject
to paragraph (b). If the appointment becomes effective, deleted text begin it shall continue until an election is
held under this subdivision. All elections to fill vacancies shall be for the unexpired term.
A special election to fill the vacancy must be held no later than the first Tuesday after the
first Monday in November following the vacancy. If the vacancy occurs less than 90 days
prior to the first Tuesday after the first Monday in November in the year in which the vacancy
occurs, the special election must be held no later than the first Tuesday after the first Monday
in November of the following calendar year. If the vacancy occurs less than 90 days prior
to the first Tuesday after the first Monday in November in the third year of the term, no
special election is required. If the vacancy is filled by a special election, the person elected
at that election for the ensuing term shall take office immediately after receiving the
certificate of election, filing the bond, and taking the oath of officedeleted text end new text begin the appointee shall serve
for the remainder of the unexpired termnew text end .
(b) An appointment made under paragraph (a) shall not be effective if a petition to reject
the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to vacancies
created on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2018, section 174.24, is amended by adding a subdivision to
read:
new text begin Subd. 7a. new text end
new text begin Transit service on election day. new text end
new text begin
An eligible recipient of operating assistance
under this section who contracts or has contracted to provide fixed route public transit shall
provide fixed route public transit service free of charge on a day a state general election is
held.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2020.
new text end
Sec. 4.
Minnesota Statutes 2018, 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 completes any incarceration
imposed and executed by the court for the offense 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. 5.
Minnesota Statutes 2018, 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 end new 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. 6.
Minnesota Statutes 2018, 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 begin 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 sentencedeleted text end new text begin am not currently
incarcerated for a felony offensenew 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. 7.
Minnesota Statutes 2018, 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. deleted text begin The list must include the party choice of any
voter who voted in the most recent presidential nomination primary.deleted text end 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. 8.
Minnesota Statutes 2018, section 201.161, is amended to read:
201.161new text begin AUTOMATIC REGISTRATION OFnew text end DRIVER'S LICENSEnew text begin ,
INSTRUCTION PERMIT,new text end AND IDENTIFICATION CARD deleted text begin APPLICATIONSdeleted text end new text begin
APPLICANTSnew text end .
new text begin Subdivision 1. new text end
new text begin Automatic registration. new text end
new text begin
An individual who properly completes an
application for a new or renewed Minnesota driver's license, instruction permit, or
identification card, and who is eligible to vote under section 201.014, must be registered to
vote as provided in this section, unless the applicant declines to be registered.
new text end
new text begin Subd. 2. new text end
new text begin Applications. new text end
The deleted text begin Departmentdeleted text end new text begin commissionernew text end of public safetynew text begin , in consultation
with the secretary of state,new text end shall change deleted text begin itsdeleted text end new text begin thenew text end applications for an original, duplicate, or
change of address driver's licensenew text begin , instruction permit,new text end or identification card so that the forms
may also serve as voter registration applications. The forms must contain spaces for all
information collected by voter registration applications prescribed by the secretary of statedeleted text begin .
Applicants for driver's licenses or identification cards must be asked if they want to register
to vote at the same time and thatdeleted text end new text begin and a box for the applicant to decline to be registered to
vote. The form must clearly state that it is a felony for a person who is not eligible to vote
to register to vote or cast a ballot. Unless the applicant has declined to be registered to vote
or has provided an address other than the applicant's address of residence under section
171.12, subdivision 7, paragraph (d), the commissioner shall transmit thenew text end information deleted text begin must
be transmitted at least weeklydeleted text end new 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, county, deleted text begin town,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 Subd. 3. new text end
new text begin Registration. new text end
new text begin
(a) The secretary of state shall determine whether the applicant
is currently registered in the statewide voter registration system. For each currently registered
voter whose registration is not changed, the secretary of state shall 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 shall 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 shall determine whether the applicant is 18 years of age or older and
a citizen of the United States and 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 shall 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 shall 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 Subd. 4. new text end
new text begin Notice. new text end
new text begin
Upon receipt of the registration, the county auditor shall mail to the
voter the notice of registration required by section 201.121, subdivision 2.
new text end
new text begin Subd. 5. new text end
new text begin Registering 20 days before election. new text end
new text begin
An application for registration that is
dated during the 20 days before an election in any jurisdiction within which the voter resides
is not effective until the day after the election.
new text end
new text begin Subd. 6. new text end
new text begin System certification. new text end
new text begin
An applicant for a Minnesota driver's license, instruction
permit, or identification card must not be registered to vote until the commissioner of public
safety has certified that the department's systems have been tested and can accurately provide
the necessary 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. 7. new text end
new text begin Implementation costs. new text end
new text begin
The secretary of state and commissioner of public safety
must absorb any costs associated with implementation of this section using existing
appropriations provided to the secretary or commissioner by law.
new text end
Sec. 9.
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. 10.
Minnesota Statutes 2018, 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. 11.
Minnesota Statutes 2018, 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 within the time period provided
in section 203B.31.
new text end
Sec. 12.
Minnesota Statutes 2018, 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 begin or early voting new text end materials 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 begin or early new text end voter while in the immediate presence of the
voter during the time the individual knows the absentee new text begin or early new text end voter 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 begin or early voting new text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.
Sec. 13.
Minnesota Statutes 2018, 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 begin applicationdeleted 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. new text begin The
secretary of state must prescribe a form for this purpose.new text end 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 begin applicationdeleted text end for each eligible election. A voter's permanent absentee status ends and
automatic ballot deleted text begin applicationdeleted 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 EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to elections
conducted on or after that date.
new text end
Sec. 14.
new text begin
[203B.045] VOTERS WITH A DISABILITY.
new text end
new text begin Subdivision 1. new text end
new text begin Transmitting ballot and certificate of voter eligibility. new text end
new text begin
(a) A voter with
a temporary or permanent disability may include in an application for absentee ballots a
request that the ballots, instructions, and a certificate of voter eligibility meeting the
requirements of section 203B.21, subdivision 3, be transmitted to the voter electronically
in an accessible format, including ballots with the ability to be marked by accessible software
or devices. Upon receipt of a properly completed application requesting accessible electronic
transmission, the county auditor shall electronically transmit the requested materials to the
voter.
new text end
new text begin
(b) Electronic materials provided by a county auditor to a voter under this subdivision
must comply with the accessibility standards developed under section 16E.03, subdivision
9.
new text end
new text begin
(c) The county auditor or municipal clerk must provide a return envelope containing
first class postage to a voter requesting a ballot and ballot materials under this subdivision.
new text end
new text begin Subd. 2. new text end
new text begin Marking ballots. new text end
new text begin
The voter may electronically mark the ballot using accessible
software or devices.
new text end
new text begin Subd. 3. new text end
new text begin Returning voted ballots. new text end
new text begin
The voter must return the voted ballots and the
certificate of voter eligibility to the county auditor in a sealed envelope.
new text end
Sec. 15.
Minnesota Statutes 2018, 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 begin and 203B.30 to 203B.35 new text end if 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. 16.
Minnesota Statutes 2018, 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 begin Blank 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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to elections
conducted on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2018, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
(a) new text begin The 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 45 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 end The commissioner of corrections must provide the secretary of state with a list of
the names and mailing addresses of state adult correctional facilities. An application for an
absentee ballot that provides an address included on the list provided by the commissioner
of corrections must not be accepted and an absentee ballot must not be provided to the
applicant. The county auditor or municipal clerk must promptly transmit a copy of the
application to the county attorney. The Department of Corrections must implement procedures
to ensure that absentee ballots issued under this chapter are not received or mailed by
offenders incarcerated at state adult correctional facilities.
deleted text begin (b)deleted text end new 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 end new 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to elections
conducted on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2018, section 203B.081, subdivision 1, is amended to read:
Subdivision 1.
Location; timing.
new text begin (a) new text end An eligible voter may vote by absentee ballot in
the office of the county auditor and at any other polling place designated by the county
auditor new text begin or by a municipal clerk authorized to conduct absentee balloting under section
203B.05 new text end during the 46 days before the election, except as provided in this section.
new text begin
(b) A polling place location, other than the office of the county auditor, may be opened
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. 19.
Minnesota Statutes 2018, section 203B.085, is amended to read:
203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
The county auditor's office in each county and the clerk's office in each city or town
authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots new text begin from 8:00 a.m.
to 12:00 noon on the day immediately preceding an election subject to early voting under
section 203B.30 unless that day falls on a Sunday. When performing the duties of the county
auditor in an election not subject to early voting under section 203B.30, the clerk's office
must be open new text end from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on the day
immediately preceding a primary, special, or general election unless that day falls on a
Saturday or Sunday. Town clerks' offices must be open for absentee voting from 10:00 a.m.
to 12:00 noon on the Saturday before a town general election held in March. The school
district clerk, when performing the county auditor's election duties, need not comply with
this section.
Sec. 20.
Minnesota Statutes 2018, 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 begin or
to administer early voting new text end must, 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. 21.
Minnesota Statutes 2018, 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to elections
conducted on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2018, 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. 23.
Minnesota Statutes 2018, 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 electionnew text end . After the close of business on the deleted text begin seventh day before the
electiondeleted text end new 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 begin ordeleted text end new 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 begin and early new text end voters
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. 24.
Minnesota Statutes 2018, section 203B.121, subdivision 5, is amended to read:
Subd. 5.
Storage and counting of absentee new text begin and early voting new text end ballots.
(a) On a day on
which absentee new text begin or early voting new text end ballots 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 begin who cast early votes and new text end whose 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. 25.
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.
new text end
Sec. 26.
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 third day before the election. All
voters in line at 5:00 p.m. on the third 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. 27.
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. 28.
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. 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
Sec. 29.
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. 30.
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
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
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. 31.
Minnesota Statutes 2018, 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 end Except 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 end new text begin (1)new text end the forms that are required for the conduct of the election;
deleted text begin (b)deleted text end new text begin (2)new text end any printed voter instruction materials furnished by the secretary of state;
deleted text begin (c)deleted text end new text begin (3)new text end any other instructions for election officers; and
deleted text begin (d)deleted text end new 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. 32.
Minnesota Statutes 2018, section 204B.35, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Electronic voting systems. new text end
new text begin
Notwithstanding sections 204B.35 to 204B.44 and
chapter 204D, a jurisdiction may employ an electronic voting system provided by section
206.80, paragraph (b), clause (3), displaying the required ballot information on an electronic
device in a format that substantially meets the requirements of law.
new text end
Sec. 33.
Minnesota Statutes 2018, section 204B.45, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
A town of any size deleted text begin not located in a metropolitan county
as defined by section 473.121,deleted text end or a city having fewer than 400 registered voters on June 1
of an election year deleted text begin and not located in a metropolitan county as defined by section 473.121,deleted text end
may provide balloting by mail at any municipal, county, or state election with no polling
place other than the office of the auditor or clerk or other locations designated by the auditor
or clerk. The governing body may apply to the county auditor for permission to conduct
balloting by mail. The county board may provide for balloting by mail in unorganized
territory. The governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of the county
auditor.
Voted ballots may be returned in person to any location designated by the county auditor
or municipal clerk.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to elections
conducted on or after that date.
new text end
Sec. 34.
Minnesota Statutes 2018, section 204B.45, subdivision 2, is amended to read:
Subd. 2.
Procedure.
Notice of the election and the special mail procedure must be given
at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before
a regularly scheduled election and not more than 30 days nor later than 14 days before any
other election, the auditor shall mail ballots by nonforwardable mail to all voters registered
in the city, town, or unorganized territory. No later than 14 days before the election, the
auditor must make a subsequent mailing of ballots to those voters who register to vote after
the initial mailing but before the 20th day before the election. Eligible voters not registered
at the time the ballots are mailednew text begin and eligible voters with a temporary or permanent disabilitynew text end
may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return
postage provided, must be preaddressed to the auditor or clerk and the voter may return the
ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk must
appoint a ballot board to examine the mail and absentee ballot return envelopes and mark
them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days
before election day, or within five days of receipt if there are more than 14 days before
election day. The board may consist of deputy county auditors or deputy municipal clerks
who have received training in the processing and counting of mail ballots, who need not be
affiliated with a major political party. 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. If an envelope has been rejected
at least five days before the election, the ballots in the envelope must remain sealed and the
auditor or clerk shall provide the voter with a replacement ballot and return envelope in
place of the spoiled ballot. If the ballot 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.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the seventh day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86, subdivision
5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from mail or absentee ballots may be made public before the
close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
Sec. 35.
Minnesota Statutes 2018, section 204C.03, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Transit service. new text end
new text begin
Certain requirements for transit service on the date of a state
general election are as provided in sections 174.24, subdivision 7a, and 473.408, subdivision
11.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2020.
new text end
Sec. 36.
Minnesota Statutes 2018, 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 end new text begin ;
new text end
new text begin (2) new text end a citizen of the United Statesdeleted text begin ,deleted text end new 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 end new text begin ;
new text end
new text begin (4) new text end maintains residence at the address showndeleted text begin ,deleted text end new 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 end new 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 begin ordeleted text end new 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 begin the felony
sentence has expired or been completeddeleted text end or the individual has deleted text begin been discharged from the
sentence,deleted text end new text begin completed the term of incarceration, if any, for the felony offense;
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
votedeleted text begin , and I understand that my choice of a party's ballot will be public informationdeleted text end ." 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.
deleted text begin (c)deleted text end new text begin (b) new text end A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.
deleted text begin (d)deleted text end new text begin (c) new text end 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.
deleted text begin (e)deleted text end new text begin (d) new text end 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. 37.
Minnesota Statutes 2018, 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 begin No 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. 38.
Minnesota Statutes 2018, section 204C.24, subdivision 1, is amended to read:
Subdivision 1.
Information requirements.
Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall contain
the following information for each kind of ballot:
(1) the number of ballots delivered to the precinct as adjusted by the actual count made
by the election judges, the number of unofficial ballots made, and the number of absentee
ballots delivered to the precinct;
(2) the number of votes each candidate received or the number of yes and no votes on
each question, the number of undervotes, the number of overvotes, and the number of
defective ballots with respect to each office or question;
(3) the number of spoiled ballots, the number of duplicate ballots made, the number of
absentee ballots rejected, and the number of unused ballots, presuming that the total count
provided on each package of unopened prepackaged ballots is correct;
new text begin
(4) the number of voted ballots indicating only a voter's choices as provided by section
206.80, paragraph (b), clause (3);
new text end
deleted text begin (4)deleted text end new text begin (5)new text end the number of individuals who voted at the election in the precinct which must
equal the total number of ballots cast in the precinct, as required by sections 204C.20 and
206.86, subdivision 1;
deleted text begin (5)deleted text end new text begin (6)new text end the number of voters registering on election day in that precinct; and
deleted text begin (6)deleted text end new text begin (7)new text end the signatures of the election judges who counted the ballots certifying that all
of the ballots cast were properly piled, checked, and counted; and that the numbers entered
by the election judges on the summary statements correctly show the number of votes cast
for each candidate and for and against each question.
At least two copies of the summary statement must be prepared for elections not held
on the same day as the state elections.
Sec. 39.
Minnesota Statutes 2018, section 204D.19, subdivision 2, is amended to read:
Subd. 2.
Special election when legislature will be in session.
Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the deleted text begin 40thdeleted text end new text begin 54thnew text end day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so that
the individual elected as provided by this section could take office and exercise the duties
of the office immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as
soon as possible, consistent with the notice requirements of section 204D.22, subdivision
3, but in no event more than deleted text begin 35deleted text end new text begin 49new text end days after the issuance of the writ. deleted text begin A special election
deleted text end deleted text begin must not be held during the four days before or the four days after a holiday as defined in
deleted text end deleted text begin section deleted text end deleted text begin 645.44, subdivision 5deleted text end deleted text begin .
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to vacancies
occurring on or after that date.
new text end
Sec. 40.
Minnesota Statutes 2018, section 204D.195, is amended to read:
204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.
Notwithstanding any other provision of law, a special primary and special general election
may not be heldnew text begin :
new text end
new text begin (1)new text end for a period beginning the day following the date of the state primary election and
ending the day prior to the date of the state general electiondeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) on a holiday, or during the four days before or the four days after a holiday, as defined
in section 645.44, subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to special elections for vacancies in office occurring on or after that date.
new text end
Sec. 41.
Minnesota Statutes 2018, section 204D.22, subdivision 3, is amended to read:
Subd. 3.
Notice of special election.
The county auditor of a county in which a special
election is to be held shall direct the clerk of each municipality in which the election is to
be held to post a notice of the special primary and special election at least deleted text begin sevendeleted text end new text begin 14new text end days
before the special primary and at least deleted text begin 14deleted text end new text begin 21new text end days before the special election in the manner
provided in sections 204B.33 and 204B.34. If the special primary is to be held deleted text begin 14deleted text end new text begin 21new text end days
before the special election, a single notice of both elections may be posted seven days before
the primary.
When the special primary or special election is to be held on the same day as any other
election, notice of the special primary or special election may be included in the notice of
the other election, if practicable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to vacancies
occurring on or after that date.
new text end
Sec. 42.
Minnesota Statutes 2018, section 204D.23, subdivision 2, is amended to read:
Subd. 2.
Time of filing.
Except as provided in subdivision 3, the affidavits and petitions
shall be filed no later than deleted text begin 14deleted text end new text begin 21new text end days before the special primary.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to vacancies
occurring on or after that date.
new text end
Sec. 43.
new text begin
[204D.275] LOCAL REIMBURSEMENT FOR SPECIAL ELECTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Reimbursement authorized. new text end
new text begin
Each county and municipality shall be
reimbursed for the cost of conducting a special election as defined in section 200.02,
subdivision 4, for a federal or state office.
new text end
new text begin Subd. 2. new text end
new text begin Expenses eligible for reimbursement. new text end
new text begin
The secretary of state shall reimburse
each county and municipality for the cost of:
new text end
new text begin
(1) preparation and printing of ballots and other election materials for the special election;
new text end
new text begin
(2) postage for absentee ballots;
new text end
new text begin
(3) publication of the sample ballot;
new text end
new text begin
(4) preparation of polling places;
new text end
new text begin
(5) preparation of electronic voting systems;
new text end
new text begin
(6) compensation paid to the county canvassing board members;
new text end
new text begin
(7) election judge salaries; and
new text end
new text begin
(8) other reasonable costs of administering the election, as approved by the secretary of
state.
new text end
new text begin
Reimbursable costs do not include salaries of permanent local officials or the cost of reusable
supplies and equipment.
new text end
new text begin Subd. 3. new text end
new text begin Reimbursement requests. new text end
new text begin
(a) Not more than 90 days after the special election,
the county auditor must submit a request for reimbursement of the costs incurred by the
county for conducting the special election and the municipal clerk must submit a request
for reimbursement of the costs incurred by the municipality for conducting the special
election. The request for reimbursement must be submitted to the secretary of state and
must be accompanied by an itemized description of actual county or municipal expenditures
including copies of invoices. In addition, the county auditor or municipal clerk must certify
that the request for reimbursement is based on actual costs incurred by the county or
municipality in the special election. The secretary of state shall provide each county and
municipality with the appropriate forms for requesting payment and certifying expenses
under this subdivision.
new text end
new text begin
(b) The secretary of state must not reimburse expenses unless the request for payment
and certification of costs has been submitted as provided in this subdivision. The secretary
of state must complete the issuance of reimbursements to the counties and municipalities
for qualifying claims no later than 120 days after the special election. Amounts necessary
to pay qualifying claims are appropriated from the general fund to the secretary of state for
that purpose.
new text end
Sec. 44.
new text begin
[204E.01] APPLICABILITY.
new text end
new text begin
This chapter applies to all elections expressly authorized by law to use ranked-choice
voting. All other provisions of the Minnesota Election Law also apply, to the extent they
are not inconsistent with this chapter.
new text end
Sec. 45.
new text begin
[204E.02] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Batch elimination. new text end
new text begin
"Batch elimination" means a simultaneous defeat of multiple
continuing candidates that have no mathematical chance of being elected.
new text end
new text begin Subd. 3. new text end
new text begin Chief election official. new text end
new text begin
"Chief election official" means the principal officer in
the jurisdiction charged with duties relating to elections.
new text end
new text begin Subd. 4. new text end
new text begin Duplicate ranking. new text end
new text begin
"Duplicate ranking" means a voter has ranked the same
candidate at multiple rankings for the office being counted.
new text end
new text begin Subd. 5. new text end
new text begin Exhausted ballot. new text end
new text begin
"Exhausted ballot" means a ballot that can no longer be
advanced under the procedures in section 204E.06.
new text end
new text begin Subd. 6. new text end
new text begin Highest continuing ranking. new text end
new text begin
"Highest continuing ranking" means the ranking
on a voter's ballot with the lowest numerical value for a continuing candidate.
new text end
new text begin Subd. 7. new text end
new text begin Mathematically impossible to be elected. new text end
new text begin
"Mathematically impossible to be
elected" means either:
new text end
new text begin
(1) the candidate cannot be elected because the candidate's current vote total plus all
votes that could possibly be transferred to the candidate in future rounds from candidates
with fewer votes or an equal number of votes and surplus votes would not be enough to
surpass the candidate with the next higher current vote total; or
new text end
new text begin
(2) the candidate has a lower current vote total than a candidate who is described by
clause (1).
new text end
new text begin Subd. 8. new text end
new text begin Overvote. new text end
new text begin
"Overvote" means a voter has ranked more than one candidate at
the same ranking.
new text end
new text begin Subd. 9. new text end
new text begin Partially defective ballot. new text end
new text begin
"Partially defective ballot" means a ballot that is
defective to the extent that the election judges are unable to determine the voter's intent with
respect to the office being counted.
new text end
new text begin Subd. 10. new text end
new text begin Ranked-choice voting. new text end
new text begin
"Ranked-choice voting" means an election method
in which voters rank candidates for an office in order of their preference, with each vote
counting for the highest-ranked continuing candidate on each ballot until that candidate has
been elected or defeated by the method established in this chapter.
new text end
new text begin Subd. 11. new text end
new text begin Ranked-choice voting tabulation center. new text end
new text begin
"Ranked-choice voting tabulation
center" means the place selected for the automatic or manual processing and tabulation of
ballots.
new text end
new text begin Subd. 12. new text end
new text begin Ranking. new text end
new text begin
"Ranking" means the number assigned by a voter to a candidate to
express the voter's preference for that candidate. Ranking number one is the highest ranking.
A ranking of lower numerical value indicates a greater preference for a candidate than a
ranking of higher numerical value.
new text end
new text begin Subd. 13. new text end
new text begin Round. new text end
new text begin
"Round" means an instance of the sequence of voting tabulation steps
established in section 204E.06.
new text end
new text begin Subd. 14. new text end
new text begin Skipped ranking. new text end
new text begin
"Skipped ranking" means a voter has left a ranking blank
and ranks a candidate at a subsequent ranking.
new text end
new text begin Subd. 15. new text end
new text begin Surplus. new text end
new text begin
"Surplus" means the total number of votes cast for an elected
candidate in excess of the threshold.
new text end
new text begin Subd. 16. new text end
new text begin Surplus fraction of a vote. new text end
new text begin
"Surplus fraction of a vote" means the proportion
of each vote to be transferred when a surplus is transferred. The surplus fraction is calculated
by dividing the surplus by the total votes cast for the elected candidate, calculated to four
decimal places, ignoring any remainder.
new text end
new text begin Subd. 17. new text end
new text begin Threshold. new text end
new text begin
"Threshold" means the number of votes sufficient for a candidate
to be elected. In any given election, the threshold equals the total votes counted in the first
round after removing defective ballots, divided by the sum of one plus the number of offices
to be filled and adding one to the quotient, disregarding any fractions.
new text end
new text begin Subd. 18. new text end
new text begin Transfer value. new text end
new text begin
"Transfer value" means the fraction of a vote that a transferred
ballot will contribute to the next ranked continuing candidate on that ballot. The transfer
value of a vote cast for an elected candidate is calculated by multiplying the surplus fraction
of each vote by its current value, calculated to four decimal places, ignoring any remainder.
The transfer value of a vote cast for a defeated candidate is the same as its current value.
new text end
new text begin Subd. 19. new text end
new text begin Transferable vote. new text end
new text begin
"Transferable vote" means a vote or a fraction of a vote
for a candidate who has been either elected or defeated.
new text end
new text begin Subd. 20. new text end
new text begin Totally defective ballot. new text end
new text begin
"Totally defective ballot" means a ballot that is
defective to the extent that election judges are unable to determine the voter's intent for any
office on the ballot.
new text end
new text begin Subd. 21. new text end
new text begin Undervote. new text end
new text begin
"Undervote" means a voter did not rank any candidates for an
office.
new text end
Sec. 46.
new text begin
[204E.03] AUTHORIZATION TO ADOPT RANKED-CHOICE VOTING;
IMPLEMENTATION.
new text end
new text begin
(a) The following political subdivisions may adopt, in the manner provided in this section,
ranked-choice voting as a method of voting for local offices within the political subdivision:
new text end
new text begin
(1) home rule charter or statutory cities;
new text end
new text begin
(2) counties;
new text end
new text begin
(3) townships; and
new text end
new text begin
(4) school districts.
new text end
new text begin
(b) A jurisdiction that adopts ranked-choice voting may do so by adopting an ordinance
or resolution or by a ballot question presented to the voters. The ranked-choice voting
method may be repealed by one of the same methods provided for adoption.
new text end
new text begin
(c) A home rule charter jurisdiction that adopts a ranked-choice voting system in its
charter may adopt this chapter by reference in an ordinance, but is not required to do so.
Nothing in this chapter prevents a home rule charter jurisdiction from adopting another
voting method in its charter.
new text end
new text begin
(d) Ranked-choice voting shall only be used to elect local offices at a general or special
election, or at a primary election which serves as a party-nominating election for a partisan
office. A primary election must not be held for any nonpartisan offices that are elected using
ranked-choice voting.
new text end
new text begin
(e) A jurisdiction that adopts the use of ranked-choice voting in local elections must do
so no later than 30 days before the first day for filing affidavits of candidacy for the office
for which ranked-choice voting is to be used as the method of election.
new text end
new text begin
(f) Repeal of ranked-choice voting must be no later than 30 days before the first day for
filing affidavits of candidacy for offices for which ranked-choice voting is used as the
method of election.
new text end
new text begin
(g) The chief election official shall notify the secretary of state and, if applicable, the
county auditor within 30 days following adoption or repeal of ranked-choice voting.
new text end
Sec. 47.
new text begin
[204E.04] BALLOTS.
new text end
new text begin Subdivision 1. new text end
new text begin Ballot format. new text end
new text begin
(a) If there are three or more qualified candidates, a ballot
must allow a voter to rank at least three candidates for each office in order of preference
and must also allow the voter to add write-in candidates.
new text end
new text begin
(b) A ballot must:
new text end
new text begin
(1) include instructions to voters that clearly indicate how to mark the ballot;
new text end
new text begin
(2) include instructions to voters that clearly indicate how to rank candidates in order
of the voter's preference; and
new text end
new text begin
(3) indicate the number of seats to be elected for each office.
new text end
new text begin
(c) A jurisdiction may use ballots compatible with alphanumeric character recognition
voting equipment.
new text end
new text begin Subd. 2. new text end
new text begin Mixed-election method ballots. new text end
new text begin
If elections are held in which ranked-choice
voting is used in addition to other methods of voting, the ranked-choice voting and
non-ranked-choice voting elections must be on the same ballot card if possible, with
ranked-choice voting and non-ranked-choice voting portions clearly separated on the ballot
card. A separate ballot card may be used if necessary. A jurisdiction may deviate from the
standard ballot order of offices to allow separation of ranked-choice voting and
non-ranked-choice voting elections.
new text end
new text begin Subd. 3. new text end
new text begin Ballot format rules. new text end
new text begin
The chief election official shall establish administrative
rules for ballot format after a voting mechanism has been selected, consistent with this
section.
new text end
Sec. 48.
new text begin
[204E.05] RANKED-CHOICE VOTING TABULATION CENTER.
new text end
new text begin Subdivision 1. new text end
new text begin Tabulation of votes; generally. new text end
new text begin
The chief election official shall designate
one location to serve as the ranked-choice voting tabulation center. The center must be
accessible to the public for the purpose of observing the vote tabulation. Tabulation of votes
must be conducted as described in section 204E.06.
new text end
new text begin Subd. 2. new text end
new text begin Precinct tabulation. new text end
new text begin
When the hours for voting have ended and all voting has
concluded, the election judges in each precinct shall record and publicly declare the number
of first choices cast for each candidate in that precinct. The election judges must then securely
transfer all electronic voting data and ballots from the precinct to the ranked-choice voting
tabulation center designated under this section. Upon receipt at the ranked-choice voting
tabulation center, all electronic voting data and ballots shall be secured.
new text end
new text begin Subd. 3. new text end
new text begin Notice of recess in count. new text end
new text begin
At any time following receipt of materials under
subdivision 1, the chief election official may declare a recess. Notice of the recess must
include the date, time, and location at which the process of recording and tabulating votes
will resume and the reason for the recess. Notice must be posted on the city's official bulletin
board and on the door of the ranked-choice voting tabulation center.
new text end
new text begin Subd. 4. new text end
new text begin Recording write-in votes. new text end
new text begin
At a time set by the chief election official, the
election judges shall convene at the ranked-choice voting tabulation center to examine
ballots on which voters have indicated a write-in choice, and record the names and number
of votes received by each write-in candidate. In the event that votes cast for the write-in
category are not eliminated as provided in section 204E.06, the results must be entered into
the ranked-choice voting tabulation software.
new text end
new text begin Subd. 5. new text end
new text begin Ranked-choice vote tabulation. new text end
new text begin
After all votes have been recorded, and at a
time set by the chief election official, the process of tabulating votes cast for offices to be
elected using the ranked-choice method must begin. The counting must continue until
preliminary results for all races are determined, subject to subdivision 3.
new text end
Sec. 49.
new text begin
[204E.06] TABULATION OF VOTES.
new text end
new text begin
(a) Tabulation of votes at the ranked-choice voting tabulation center must proceed in
rounds for each office to be counted. The threshold must be calculated and publicly declared.
Each round must proceed sequentially as follows:
new text end
new text begin
(1) the number of votes cast for each candidate for the current round must be counted.
If the number of candidates whose vote totals equal or exceed the threshold are equal to the
number of seats to be filled, those candidates who are continuing candidates are elected and
the tabulation is complete. If the number of candidates whose vote totals are equal to or
greater than the threshold is not equal to the number of seats to be filled, a new round begins
and the tabulation must continue as provided in the remainder of this paragraph;
new text end
new text begin
(2) surplus votes for any candidates whose vote totals are equal to or greater than the
threshold must be calculated;
new text end
new text begin
(3) after any surplus votes are calculated but not yet transferred, all candidates for whom
it is mathematically impossible to be elected must be defeated by batch elimination. Votes
for the defeated candidates must be transferred to each ballot's next-ranked continuing
candidate, and the tabulation process reiterates beginning with clause (2). If no candidate
can be defeated mathematically, the tabulation must continue as described in clause (4);
new text end
new text begin
(4) the transfer value of each vote cast for an elected candidate must be transferred to
the next continuing candidate on that ballot. Of the candidates whose vote totals reach or
exceed the threshold, the candidate with the largest surplus is declared elected and that
candidate's surplus is transferred. A tie between two or more candidates must immediately
and publicly be resolved by lot by the chief election official at the tabulation center. The
surplus of the candidate chosen by lot must be transferred before other transfers are made.
The result of the tie resolution must be recorded and reused in the event of a recount. If no
candidate has a surplus, the tabulation must continue as described in clause (5); otherwise,
the tabulation process must reiterate beginning with clause (2);
new text end
new text begin
(5) if there are no transferable surplus votes, the candidate with the fewest votes is
defeated. Votes for the defeated candidate must be transferred to each ballot's next-ranked
continuing candidate. Ties between candidates with the fewest votes must be decided by
lot, and the candidate chosen by lot must be defeated. The result of the tie resolution must
be recorded and reused in the event of a recount. The tabulation process must reiterate
beginning with clause (2); and
new text end
new text begin
(6) the procedures in clauses (2) to (5) must be repeated until the number of candidates
whose vote totals are equal to or exceed the threshold is equal to the number of seats to be
filled, or until the number of continuing candidates is equal to the number of offices yet to
be elected. If the number of continuing candidates is equal to the number of offices yet to
be elected, the remaining continuing candidates must be declared elected. In the case of a
tie between two continuing candidates, the tie must be decided by lot as provided in section
204C.34, and the candidate chosen by lot must be defeated. The result of the tie resolution
must be recorded and reused in the event of a recount.
new text end
new text begin
(b) When a single skipped ranking is encountered on a ballot, that ballot must count
toward the next nonskipped ranking. If any ballot cannot be advanced because no further
candidates are ranked on that ballot, because a voter has skipped more than one ranking, or
because an undervote, overvote, or duplicate ranking is encountered, the ballot must not
count toward any candidate in that round or in subsequent rounds for the office being
counted.
new text end
Sec. 50.
new text begin
[204E.07] REPORTING RESULTS.
new text end
new text begin
(a) Each precinct must print a precinct summary statement, which must include the
number of first choices cast for each candidate in that precinct.
new text end
new text begin
(b) The ranked-choice voting tabulation center must print a summary statement with the
following information: total votes cast; number of undervotes; number of totally defective
and spoiled ballots; threshold calculation; total first choice rankings for all candidates;
round-by-round tabulation results, including simultaneous batch eliminations, surplus
transfers, and defeated candidate transfers; and exhausted ballots at each round.
new text end
new text begin
(c) The election abstract must include the information required in the ranked-choice
voting tabulation center summary statement, with the addition of the number of registered
voters by precinct, the number of same-day voter registrations, and the number of absentee
voters.
new text end
Sec. 51.
new text begin
[204E.08] RECOUNTS.
new text end
new text begin
(a) A candidate defeated in the final round of tabulation may request a recount as provided
in section 204C.36.
new text end
new text begin
(b) A candidate defeated in the final round of tabulation when the vote difference is
greater than that provided in section 204C.36 may request a recount at the candidate's own
expense. A candidate defeated in an earlier round of tabulation may request a recount at the
candidate's own expense. The candidate is responsible for all expenses associated with the
recount, regardless of the vote difference between the candidates in the round in which the
requesting candidate was defeated. The requesting candidate shall file with the filing officer
a bond, cash, or surety in an amount set by the filing officer for the payment of the recount
expenses. Expenses must be determined as provided in section 204C.36, subdivision 4.
new text end
new text begin
(c) Rules adopted by the secretary of state under section 204C.36 for recounts apply to
recounts conducted under this section.
new text end
Sec. 52.
new text begin
[204E.09] RULES.
new text end
new text begin
The secretary of state may adopt rules necessary to implement the requirements and
procedures established by this chapter.
new text end
Sec. 53.
Minnesota Statutes 2018, section 205.13, subdivision 2, is amended to read:
Subd. 2.
Notice of filing dates.
At least two weeks before the first day to file affidavits
of candidacy, the municipal clerk shall publish a notice stating the first and last dates on
which affidavits of candidacy may be filed in the clerk's office and the closing time for
filing on the last day for filing. The clerk shall post a similar notice at least ten days before
the first day to file affidavits of candidacy. new text begin The notice must indicate the method of election
to be used for the offices on the ballot. new text end The notice must separately list any office for which
affidavits of candidacy may be filed to fill the unexpired portion of a term when a special
election is being held to fill a vacancy as provided in section 412.02, subdivision 2a.
Sec. 54.
Minnesota Statutes 2018, section 206.58, subdivision 1, is amended to read:
Subdivision 1.
Municipalities.
new text begin (a) new text end The governing body of a municipality, at a regular
meeting or at a special meeting called for the purpose, may provide for the use of an
electronic voting system in one or more precincts and at all elections in the precincts, subject
to approval by the county auditor. The governing body shall disseminate information to the
public about the use of a new voting system at least 60 days prior to the election and shall
provide for instruction of voters with a demonstration voting system in a public place for
the six weeks immediately prior to the first election at which the new voting system will be
used.
new text begin (b) new text end No system may be adopted or used unless it has been approved by the secretary of
state pursuant to section 206.57.
new text begin
(c) The governing body of a municipality may provide for the use of an electronic voting
system that has been approved by the secretary of state under section 206.57 but includes
an automatic tabulating equipment reallocation feature that has not been approved by the
secretary of state if the municipal clerk certifies to the secretary of state, within 30 days
from the date of adoption under paragraph (a), that the reallocation feature:
new text end
new text begin
(1) has been certified as required under section 206.57, subdivision 6; and
new text end
new text begin
(2) meets the municipality's ordinance requirements for electronic voting systems.
new text end
Sec. 55.
Minnesota Statutes 2018, section 206.61, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Availability of alternate ballot formats. new text end
new text begin
In precincts using a ballot format
authorized by section 206.80, paragraph (b), clause (3), voters must be provided the option
of voting a regularly printed optical scan ballot.
new text end
Sec. 56.
Minnesota Statutes 2018, section 206.80, is amended to read:
206.80 ELECTRONIC VOTING SYSTEMS.
(a) An electronic voting system may not be employed unless it:
(1) permits every voter to vote in secret;
(2) permits every voter to vote for all candidates and questions for whom or upon which
the voter is legally entitled to vote;
(3) provides for write-in voting when authorized;
(4) automatically rejects, except as provided in section 206.84 with respect to write-in
votes, all votes for an office or question when the number of votes cast on it exceeds the
number which the voter is entitled to cast;
(5) permits a voter at a primary election to select secretly the party for which the voter
wishes to vote;
(6) automatically rejects all votes cast in a primary election by a voter when the voter
votes for candidates of more than one party; and
(7) provides every voter an opportunity to verify votes recorded on the permanent paper
ballot, either visually or using assistive voting technology, and to change votes or correct
any error before the voter's ballot is cast and counted, produces an individual, discrete,
permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record
available for use in any recount.
(b) An electronic voting system purchased on or after June 4, 2005, may not be employed
unless it:
(1) accepts and tabulates, in the polling place or at a counting center, a marked optical
scan ballot; deleted text begin or
deleted text end
(2) creates a marked optical scan ballot that can be tabulated in the polling place or at a
counting center by automatic tabulating equipment certified for use in this statedeleted text begin .deleted text end new text begin ;or
new text end
new text begin
(3) creates a marked paper ballot indicating, at a minimum, the date of the election, the
name of the precinct, an electronically readable precinct identifier or ballot style indicator,
and the voter's votes for each office or question, generated from the voter's use of a touch
screen or other electronic device on which a complete ballot meeting the information
requirements of any applicable law was displayed electronically.
new text end
new text begin
(c) Jurisdictions using multiple ballot formats must not record the ballot formats of
electronic voting system used by a particular voter.
new text end
Sec. 57.
new text begin
[206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.
new text end
new text begin
Any new voting equipment purchased for use in Minnesota for the purpose of replacing
a voting system must have the ability to:
new text end
new text begin
(1) capture and store ballot data;
new text end
new text begin
(2) keep data anonymous;
new text end
new text begin
(3) accept ranked or cumulative voting data under a variety of tabulation rules;
new text end
new text begin
(4) be programmable to follow all other specifications of the ranked-choice voting system
as provided in chapter 204E;
new text end
new text begin
(5) provide a minimum of three rankings for ranked-choice voting elections;
new text end
new text begin
(6) notify voters of the following errors: overvotes, skipped rankings, and duplicate
rankings in a ranked-choice voting election; and
new text end
new text begin
(7) be programmable to print a zero tape indicating all rankings for all candidates in a
ranked-choice voting election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon certification by the secretary of
state that equipment meeting the standards required by this section is available for purchase
and implementation.
new text end
Sec. 58.
Minnesota Statutes 2018, 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. 59.
Minnesota Statutes 2018, section 206.83, is amended to read:
206.83 TESTING OF VOTING SYSTEMS.
new text begin (a) new text end Within deleted text begin 14deleted text end new text begin 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 new text begin ranked-choice voting if applicable, and new text end 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. new text begin If an election is to be conducted using ranked-choice voting, the equipment
must also be tested to ensure that each ranking for each candidate is recorded properly.
new text end
new text begin (b) new text end 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.
new text begin (c) new text end 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. 60.
Minnesota Statutes 2018, section 206.86, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Ballots in precincts with multiple styles of voting system. new text end
new text begin
(a) This subdivision
applies only to precincts using a ballot format as provided by section 206.80, paragraph (b),
clause (3), that was used by ten or fewer voters.
new text end
new text begin
(b) In the event the results of a precinct are subject to a recount under section 204C.35
or 204C.36, or are subject to postelection review under section 206.89, the election judges
from that precinct are not eligible to participate in conducting a recount or postelection
review in that precinct.
new text end
Sec. 61.
Minnesota Statutes 2018, section 206.89, subdivision 2, is amended to read:
Subd. 2.
Selection for review; notice.
At the canvass of the state primary, the county
canvassing board in each county must set the date, time, and place for the postelection
review of the state general election to be held under this section.new text begin In jurisdictions where
ranked-choice voting is used, the date, time, and place for postelection review must be set
by the county auditor at least 30 days before the election.new text end The postelection review must not
begin before the 11th day after the state general election and must be complete no later than
the 18th day after the state general election.
At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. The ballots to be reviewed for a precinct include both
the ballots counted at the polling place for that precinct and the absentee ballots counted
centrally by a ballot board for that precinct. The county canvassing board of a county with
fewer than 50,000 registered voters must conduct a postelection review of a total of at least
two precincts. The county canvassing board of a county with between 50,000 and 100,000
registered voters must conduct a review of a total of at least three precincts. The county
canvassing board of a county with over 100,000 registered voters must conduct a review
of a total of at least four precincts, or three percent of the total number of precincts in the
county, whichever is greater. At least one precinct selected in each county must have had
more than 150 votes cast at the general election.
The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office website.
Sec. 62.
Minnesota Statutes 2018, section 206.89, subdivision 3, is amended to read:
Subd. 3.
Scope and conduct of review.
The county canvassing board shall appoint the
postelection review official as defined in subdivision 1. The postelection review must be
conducted of the votes cast for president or governor; United States senator; and United
States representative. new text begin In jurisdictions where ranked-choice voting is used, the review must
also include at least one single-seat ranked-choice voting election and at least one
multiple-seat ranked-choice voting election, if such an election occurred. A postelection
review of a ranked-choice voting election must be conducted for elections decided most
closely in the final round, by percentage. new text end The postelection review official may conduct
postelection review of the votes cast for additional offices.
The postelection review must be conducted in public at the location where the voted
ballots have been securely stored after the state general election or at another location chosen
by the county canvassing board. The postelection review official for each precinct selected
must conduct the postelection review and may be assisted by election judges designated by
the postelection review official for this purpose. The party balance requirement of section
204B.19 applies to election judges designated for the review. The postelection review must
consist of a manual count of the ballots used in the precincts selected and must be performed
in the manner provided by section 204C.21. The postelection review must be conducted in
the manner provided for recounts under section 204C.361 to the extent practicablenew text begin , and
where ranked-choice voting is used, must include testing of the accumulation software using
stored electronic data for those precincts that are not reviewed by manual countnew text end . The review
must be completed no later than two days before the meeting of the state canvassing board
to certify the results of the state general election.
Sec. 63.
Minnesota Statutes 2018, section 207A.12, is amended to read:
207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.
(a) Except as otherwise provided by law, the presidential nomination primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.
deleted text begin
(b) An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. The voter must request the
ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section
204C.18, subdivision 1, the election judge must record in the polling place roster the name
of the political party whose ballot the voter requested. When posting voter history pursuant
to section 201.171, the county auditor must include the name of the political party whose
ballot the voter requested. The voter instruction posters, pamphlets, and other informational
materials prepared for a presidential primary by the secretary of state pursuant to section
204B.27 must include information about the requirements of this paragraph, including a
notice that the voter's choice of a political party's ballot will be recorded and is public
information.
deleted text end
deleted text begin
(c) Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.
deleted text end
deleted text begin
(d) The results of the presidential nomination primary must bind the election of delegates
in each party.
deleted text end
new text begin
(b) An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. The voter must declare the
party for whose candidate the voter wishes to vote. Notwithstanding section 204C.18,
subdivision 1, the election judge must record in the polling place roster the name of the
political party the voter declared. When posting voter history under section 201.171, the
county auditor must include the name of the political party the voter declared. The voter
instruction posters, pamphlets, and other informational materials prepared for a presidential
nomination primary by the secretary of state under section 204B.27, must include information
about the requirements of this paragraph, including a notice that the voter's choice of a
political party will be recorded.
new text end
Sec. 64.
Minnesota Statutes 2018, section 207A.13, is amended to read:
207A.13 FORM OF BALLOTSnew text begin AND ENVELOPESnew text end ; CANDIDATES ON BALLOT.
Subdivision 1.
Formnew text begin of ballotsnew text end .
(a) Except as provided by law, presidential nomination
primary ballots shall be printed in the same manner as state primary ballots as far as
practicable. A sufficient number of deleted text begin each ballotdeleted text end new text begin ballots new text end shall be printed for each precinct and
ward in the state.
(b) There must be deleted text begin separate ballots for the names of the candidates of each political party.
Each ballot must bedeleted text end new text begin a single ballot for the presidential nomination primary. The ballot shall
be new text end headed by the words "Presidential Nomination Primary Ballot." deleted text begin The heading must also
indicate the party that appears on the ballotdeleted text end new text begin The presidential nomination primary is exempt
from the base rotation requirements of Minnesota Rules, part 8220.0825new text end .
(c) If requested by a party chair, the new text begin column on the new text end ballot for that party must contain a
place for a voter to indicate a preference for having delegates to the party's national
convention remain uncommitted. If requested by a party chair, the new text begin column on the new text end ballot for
that party must contain a blank line printed below the other choices on the ballot so that a
voter may write in the name of a person who is not listed on the ballot. A request under this
paragraph must be submitted to the secretary of state no later than 63 days before the
presidential nomination primary.
new text begin Subd. 1a. new text end
new text begin Form of envelope. new text end
new text begin
The signature envelope must include:
new text end
new text begin
(1) a place for the voter to select which party the voter will vote for; and
new text end
new text begin
(2) the following statement: "I am in general agreement with the principles of the party
for whose candidate I intend to vote."
new text end
Subd. 2.
Candidates on the ballot.
(a) Each party must determine which candidates are
to be placed on the presidential nomination primary ballot for that party. The chair of each
party must submit to the secretary of state the names of the candidates to appear on the
ballot deleted text begin for that partydeleted text end no later than 63 days before the presidential nomination primary. Once
submitted, changes must not be made to the candidates that will appear on the ballot.
(b) No later than the seventh day before the presidential nomination primary, the chair
of each party must submit to the secretary of state the names of write-in candidates, if any,
to be counted for that party.
Sec. 65.
new text begin
[207A.131] BALLOT BOARD; PARTY LISTS; PRIMARY RESULTS.
new text end
new text begin Subdivision 1. new text end
new text begin Ballot board. new text end
new text begin
(a) The county auditor must appoint a ballot board to
examine the signature envelopes and mark them "accepted" or "rejected" as provided in
section 203B.121. For each signature envelope examined, the county auditor, or designee
on the ballot board, must record in the polling place roster the name of the political party
selected by the voter. If a voter did not select a party or selected more than one party, the
ballot board must reject the ballot. The selection of a political party must not be included
in the public information list.
new text end
new text begin
(b) After opening a signature envelope, the secrecy envelope must be removed and
placed into the pile corresponding to the party selected by the voter on the signature envelope.
When the secrecy envelopes are opened, a ballot must be spoiled if:
new text end
new text begin
(1) there are votes for more than one party; or
new text end
new text begin
(2) the party voted for does not correspond to the party in which pile the ballot was
placed.
new text end
new text begin Subd. 2. new text end
new text begin Party list. new text end
new text begin
The secretary of state must maintain a list of each voter who voted
in the presidential nomination primary and the party selected by that voter. Information
maintained on the list is private data on individuals as defined under section 13.02,
subdivision 12, except that the secretary of state must provide to the chair of each major
political party a list of voters who selected that party for the most recent presidential
nomination primary.
new text end
new text begin Subd. 3. new text end
new text begin Results. new text end
new text begin
Immediately after the state canvassing board declares the results of
the presidential nomination primary, the secretary of state must notify the chair of each
party of the results. The results of the presidential nomination primary must bind the election
of delegates in each party.
new text end
Sec. 66.
Minnesota Statutes 2018, section 207A.14, is amended to read:
207A.14 NOTICE OF PRESIDENTIAL NOMINATION PRIMARY; SAMPLE
BALLOTS.
Subdivision 1.
Notice of primary to counties and municipalities.
Twenty weeks before
a presidential nomination primary is to be held, the secretary of state shall provide notice
to the county auditor of each county of the date of the presidential nomination primary.
Within ten days after notification by the secretary of state, each county auditor shall provide
notice of the date of the presidential nomination primary to each municipal clerk in the
county.
Subd. 2.
Sample ballots.
No later than 70 days before the presidential nomination
primary, the secretary of state must supply each county auditor with new text begin a new text end sample deleted text begin ballotsdeleted text end new text begin ballot
new text end to be used at the presidential nomination primary. The sample deleted text begin ballotsdeleted text end new text begin ballot new text end must illustrate
the format required for the ballots used in the presidential nomination primary.
Subd. 3.
Notice of primary to public.
At least 15 days before the date of the presidential
nomination primary, each municipal clerk shall post a public notice stating the date of the
presidential nomination primary, the location of each polling place in the municipality, the
hours during which the polling places in the municipality will be open, and information
about the requirements of section 207A.12deleted text begin , paragraph (b), including a deleted text end deleted text begin notice that the voter's
choice of a political party's ballot will be recorded and is public deleted text end deleted text begin informationdeleted text end . The county
auditor shall post a similar notice in the auditor's office with information for any polling
places in unorganized territory in the county. The governing body of a municipality or
county may publish the notice in addition to posting it. Failure to give notice does not
invalidate the election.
Sec. 67.
Minnesota Statutes 2018, section 207A.15, subdivision 2, is amended to read:
Subd. 2.
Reimbursable local expenses.
(a) The secretary of state shall reimburse the
counties and municipalities for expenses incurred in the administration of the presidential
nomination primary from money contained in the presidential nomination primary elections
account. The following expenses are eligible for reimbursement: preparation and printing
of ballots; postage for deleted text begin absenteedeleted text end new text begin mailing and returning new text end ballots; publication of the sample
ballot; deleted text begin preparation of polling places in an amount not to exceed $150 per polling place;
preparation of electronic voting systems in an amount not to exceed $100 per precinct;deleted text end
compensation for temporary staff or overtime payments; salaries of election judges; deleted text begin anddeleted text end
compensation of county canvassing board membersnew text begin ; and other expenses as approved by the
secretary of statenew text end . new text begin The secretary's procedures for approving other expenses are exempt from
chapter 14, and section 14.386 does not apply.
new text end
(b) Within 60 days after the results of a presidential nomination primary are certified
by the State Canvassing Board, the county auditor must submit a request for payment of
the costs incurred by the county for conducting the presidential nomination primary, and
the municipal clerk must submit a request for payment of the costs incurred by the
municipality for conducting the presidential nomination primary. The request for payment
must be submitted to the secretary of state, and must be accompanied by an itemized
description of actual county or municipal expenditures, including copies of invoices. In
addition, the county auditor or municipal clerk must certify that the request for reimbursement
is based on actual costs incurred by the county or municipality in the presidential nomination
primary.
(c) The secretary of state shall provide each county and municipality with the appropriate
forms for requesting payment and certifying expenses under this subdivision. The secretary
of state must not reimburse expenses unless the request for payment and certification of
costs has been submitted as provided in this subdivision. The secretary of state must complete
the issuance of reimbursements to the counties and municipalities no later than 90 days after
the results of the presidential nomination primary have been certified by the State Canvassing
Board.
Sec. 68.
new text begin
[208.051] AGREEMENT AMONG THE STATES TO ELECT THE
PRESIDENT BY NATIONAL POPULAR VOTE.
new text end
new text begin
The Agreement Among the States to Elect the President by National Popular Vote is
enacted into law and entered into with all other states legally joining in it in substantially
the following form:
new text end
new text begin
Article I - Membership
new text end
new text begin
Any state of the United States and the District of Columbia may become a member of
this agreement by enacting this agreement.
new text end
new text begin
Article II - Right of the People in Member States to
Vote for President and Vice President
new text end
new text begin
Each member state shall conduct a statewide popular election for president and vice
president of the United States.
new text end
new text begin
Article III - Manner of Appointing Presidential Electors in Member States
new text end
new text begin
Prior to the time set by law for the meeting and voting by the presidential electors, the
chief election official of each member state shall determine the number of votes for each
presidential slate in each state of the United States and in the District of Columbia in which
votes have been cast in a statewide popular election and shall add such votes together to
produce a "national popular vote total" for each presidential slate. The chief election official
of each member state shall designate the presidential slate with the largest national popular
vote total as the "national popular vote winner." The presidential elector certifying official
of each member state shall certify the appointment in that official's own state of the elector
slate nominated in that state in association with the national popular vote winner. At least
six days before the day fixed by law for the meeting and voting by the presidential electors,
each member state shall make a final determination of the number of popular votes cast in
the state for each presidential slate and shall communicate an official statement of such
determination within 24 hours to the chief election official of each other member state. The
chief election official of each member state shall treat as conclusive an official statement
containing the number of popular votes in a state for each presidential slate made by the
day established by federal law for making a state's final determination conclusive as to the
counting of electoral votes by Congress. In event of a tie for the national popular vote
winner, the presidential elector certifying official of each member state shall certify the
appointment of the elector slate nominated in association with the presidential slate receiving
the largest number of popular votes within that official's own state. If, for any reason, the
number of presidential electors nominated in a member state in association with the national
popular vote winner is less than or greater than that state's number of electoral votes, the
presidential candidate on the presidential slate that has been designated as the national
popular vote winner shall have the power to nominate the presidential electors for that state
and that state's presidential elector certifying official shall certify the appointment of such
nominees. The chief election official of each member state shall immediately release to the
public all vote counts or statements of votes as they are determined or obtained. This article
shall govern the appointment of presidential electors in each member state in any year in
which this agreement is, on July 20, in effect in states cumulatively possessing a majority
of the electoral votes.
new text end
new text begin
Article IV - Other Provisions
new text end
new text begin
This agreement shall take effect when states cumulatively possessing a majority of the
electoral votes have enacted this agreement in substantially the same form and the enactments
by such states have taken effect in each state. Any member state may withdraw from this
agreement, except that a withdrawal occurring six months or less before the end of a
president's term shall not become effective until a president or vice president shall have
been qualified to serve the next term. The chief executive of each member state shall promptly
notify the chief executive of all other states of when this agreement has been enacted and
has taken effect in that official's state, when the state has withdrawn from this agreement,
and when this agreement takes effect generally. This agreement shall terminate if the electoral
college is abolished. If any provision of this agreement is held invalid, the remaining
provisions shall not be affected.
new text end
new text begin
Article V - Definitions
new text end
new text begin
For purposes of this agreement,
new text end
new text begin
"chief executive" means the governor of a state of the United States or the mayor of the
District of Columbia;
new text end
new text begin
"elector slate" means a slate of candidates who have been nominated in a state for the
position of presidential elector in association with a presidential slate;
new text end
new text begin
"chief election official" means the state official or body that is authorized to certify the
total number of popular votes for each presidential slate;
new text end
new text begin
"presidential elector" means an elector for president and vice president of the United
States;
new text end
new text begin
"presidential elector certifying official" means the state official or body that is authorized
to certify the appointment of the state's presidential electors;
new text end
new text begin
"presidential slate" means a slate of two persons, the first of whom has been nominated
as a candidate for president of the United States and the second of whom has been nominated
as a candidate for vice president of the United States, or any legal successors to such persons,
regardless of whether both names appear on the ballot presented to the voter in a particular
state;
new text end
new text begin
"state" means a state of the United States and the District of Columbia; and
new text end
new text begin
"statewide popular election" means a general election in which votes are cast for
presidential slates by individual voters and counted on a statewide basis.
new text end
Sec. 69.
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 persons to whom
the civil right to vote is restored by reason of the persons' 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. 70.
Minnesota Statutes 2018, section 473.408, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Transit service on election day. new text end
new text begin
(a) The Metropolitan Council shall provide
regular route transit, as defined under section 473.385, subdivision 1, paragraph (b), free
of charge on a day a state general election is held.
new text end
new text begin
(b) The requirements under this subdivision apply to operators of regular route transit
(1) receiving financial assistance under section 473.388, or (2) operating under section
473.405, subdivision 12.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective July 1, 2020, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 71.
Minnesota Statutes 2018, section 609.165, subdivision 1, is amended to read:
Subdivision 1.
Restoration.
new text begin Except as provided in section 201.014, subdivision 2a,
new text end 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 begin with 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. 72. new text begin HELP AMERICA VOTE ACT TRANSFERS AND APPROPRIATIONS;
SECRETARY OF STATE.
new text end
new text begin
(a) $6,595,610 is appropriated in fiscal year 2019 from the HAVA account established
in Minnesota Statutes, section 5.30, to the secretary of state for the purposes of improving
the administration and security of elections as authorized by federal law, including but not
limited to any of the following activities:
new text end
new text begin
(1) modernizing, securing, and updating the statewide voter registration system and for
cybersecurity upgrades as authorized by federal law;
new text end
new text begin
(2) improving accessibility;
new text end
new text begin
(3) preparing training materials and training local election officials;
new text end
new text begin
(4) implementing security improvements for election systems; and
new text end
new text begin
(5) funding other activities to improve the security of elections.
new text end
new text begin
(b) Any amount earned in interest on the amount appropriated under paragraph (a) is
appropriated from the HAVA account to the secretary of state for purposes of improving
the administration and security of elections as authorized by federal law.
new text end
new text begin
(c) The appropriations under paragraphs (a) and (b) are onetime and available until
March 23, 2023.
new text end
new text begin
(d) $167,000 expended by the secretary of state in fiscal years 2018 and 2019 for
increasing secure access to the statewide voter registration system is deemed: (1) to be
money used for carrying out the purposes authorized under the Omnibus Appropriations
Act of 2018, Public Law 115-1410, and the Help America Vote Act of 2002, Public Law
107-252, section 101; and (2) to be credited toward any match required by those laws.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 73. new text begin APPROPRIATION; EARLY VOTING.
new text end
new text begin
$....... in fiscal year 2020 is appropriated from the general fund to the secretary of state
to implement early voting requirements of this article.
new text end
Sec. 74. new text begin REPEALER; EARLY VOTING.
new text end
new text begin
Minnesota Statutes 2018, section 203B.081, subdivision 3,
new text end
new text begin
is repealed.
new text end
Sec. 75. new text begin EFFECTIVE DATE; EARLY VOTING.
new text end
new text begin
The provisions of this article 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, 2019, 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 2
CAMPAIGN FINANCE
Section 1.
Minnesota Statutes 2018, section 10A.01, subdivision 4, is amended to read:
Subd. 4.
Approved expenditure.
"Approved expenditure" means an expenditure made
on behalf of a candidatenew text begin or a local candidatenew text end by an entity other than thenew text begin candidate'snew text end principal
campaign committee deleted text begin of the candidatedeleted text end new text begin or the local candidatenew text end , if the expenditure is made with
the authorization or expressed or implied consent of, or in cooperation or in concert with,
or at the request or suggestion of the candidatenew text begin or local candidatenew text end , the candidate's principal
campaign committee, or the candidate's new text begin or local candidate's new text end agent. An approved expenditure
is a contribution to that candidatenew text begin or local candidatenew text end .
Sec. 2.
Minnesota Statutes 2018, section 10A.01, subdivision 7, is amended to read:
Subd. 7.
Ballot question.
"Ballot question" means a question or proposition that is placed
on the ballot and that may be voted on bynew text begin :
new text end
new text begin (1)new text end all voters of the statedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) all voters of Hennepin County;
new text end
new text begin
(3) all voters of any home rule charter city or statutory city located wholly within
Hennepin County and having a population of 75,000 or more; or
new text end
new text begin
(4) all voters of Special School District No. 1.
new text end
"Promoting or defeating a ballot question" includes activities, other than lobbying
activities, related to qualifying the question for placement on the ballot.
Sec. 3.
Minnesota Statutes 2018, section 10A.01, subdivision 9, is amended to read:
Subd. 9.
Campaign expenditure.
"Campaign expenditure" or "expenditure" means a
purchase or payment of money or anything of value, or an advance of credit, made or
incurred for the purpose of influencing the nomination or election of a candidate new text begin or a local
candidate new text end or for the purpose of promoting or defeating a ballot question.
An expenditure is considered to be made in the year in which the candidate made the
purchase of goods or services or incurred an obligation to pay for goods or services.
An expenditure made for the purpose of defeating a candidate new text begin or a local candidate new text end is
considered made for the purpose of influencing the nomination or election of that candidate
new text begin or local candidate new text end or any opponent of that candidatenew text begin or local candidatenew text end .
Except as provided in clause (1), "expenditure" includes the dollar value of a donation
in kind.
"Expenditure" does not include:
(1) noncampaign disbursements as defined in subdivision 26;
(2) services provided without compensation by an individual volunteering personal time
on behalf of a candidatenew text begin or a local candidatenew text end , ballot question, political committee, political
fund, principal campaign committee, or party unit;
(3) the publishing or broadcasting of news items or editorial comments by the news
media; or
(4) an individual's unreimbursed personal use of an automobile owned by the individual
and used by the individual while volunteering personal time.
Sec. 4.
Minnesota Statutes 2018, section 10A.01, is amended by adding a subdivision to
read:
new text begin Subd. 10d. new text end
new text begin Local candidate. new text end
new text begin
"Local candidate" means an individual who seeks
nomination or election to:
new text end
new text begin
(1) any county office in Hennepin County;
new text end
new text begin
(2) any city office in any home rule charter city or statutory city located wholly within
Hennepin County and having a population of 75,000 or more; or
new text end
new text begin
(3) the school board in Special School District No. 1.
new text end
Sec. 5.
Minnesota Statutes 2018, section 10A.01, subdivision 11, is amended to read:
Subd. 11.
Contribution.
(a) "Contribution" means money, a negotiable instrument, or
a donation in kind that is given to a political committee, political fund, principal campaign
committee, new text begin local candidate, new text end 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,new text begin local candidate,new text end 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, new text begin local candidate, new text end 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, new text begin local candidate, new text end 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. 6.
Minnesota Statutes 2018, 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 candidatenew text begin or a local candidatenew text end and uses
words or phrases of express advocacydeleted text begin .deleted text end new text begin ; or
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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, except that clause (2)
is effective January 1, 2020, and applies to expenditures and electioneering communications
made on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2018, section 10A.01, subdivision 17c, is amended to read:
Subd. 17c.
General treasury money.
"General treasury money" means money that an
association other than a principal campaign committee, party unit, or political committee
accumulates through membership dues and fees, donations to the association for its general
purposes, and income from the operation of a business. General treasury money does not
include money collected to influence the nomination or election of candidatesnew text begin or local
candidatesnew text end or to promote or defeat a ballot question.
Sec. 8.
Minnesota Statutes 2018, section 10A.01, subdivision 18, is amended to read:
Subd. 18.
Independent expenditure.
"Independent expenditure" means an expenditure
expressly advocating the election or defeat of a clearly identified candidatenew text begin or local candidatenew text end ,
if the expenditure is made without the express or implied consent, authorization, or
cooperation of, and not in concert with or at the request or suggestion of, any candidate or
any candidate's principal campaign committee or agentnew text begin or any local candidate or local
candidate's agentnew text end . An independent expenditure is not a contribution to that candidatenew text begin or
local candidatenew text end . An independent expenditure does not include the act of announcing a formal
public endorsement of a candidatenew text begin or local candidatenew text end for public office, unless the act is
simultaneously accompanied by an expenditure that would otherwise qualify as an
independent expenditure under this subdivision.
Sec. 9.
Minnesota Statutes 2018, section 10A.01, subdivision 20, is amended to read:
Subd. 20.
Loan.
"Loan" means an advance of money or anything of value made to a
political committee, political fund, principal campaign committee, new text begin local candidate, new text end or party
unit.
Sec. 10.
Minnesota Statutes 2018, section 10A.01, subdivision 26, is amended to read:
Subd. 26.
Noncampaign disbursement.
(a) "Noncampaign disbursement" means a
purchase or payment of money or anything of value made, or an advance of credit incurred,
or a donation in kind received, by a principal campaign committee for any of the following
purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment,
and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer
in the executive branch as provided in section 10A.173, subdivision 1;
(7) payment for food and beverages consumed by a candidate or volunteers while they
are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting
directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus
in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for serving
in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will
no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements
in the news media mailed or published prior to the end of the election cycle;
(17) the cost of campaign material purchased to replace defective campaign material, if
the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact
information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national
convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being
for any purpose other than to influence the nomination or election of a candidate or to
promote or defeat a ballot question;
(23) costs paid to a third party for processing contributions made by a credit card, debit
card, or electronic check;
(24) a contribution to a fund established to support a candidate's participation in a recount
of ballots affecting that candidate's election;
(25) costs paid by a candidate's principal campaign committee for a single reception
given in honor of the candidate's retirement from public office after the filing period for
affidavits of candidacy for that office has closed;
(26) a donation from a terminating principal campaign committee to the state general
fund; deleted text begin and
deleted text end
(27) a donation from a terminating principal campaign committee to a county obligated
to incur special election expenses due to that candidate's resignation from state officedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(28) payment of security-related expenses for a candidate and any immediate family
members of the candidate residing in the candidate's household, including but not limited
to home security cameras, a home security system, and identity theft monitoring services.
new text end
(b) The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.
(c) A noncampaign disbursement is considered to be made in the year in which the
candidate made the purchase of goods or services or incurred an obligation to pay for goods
or services.
Sec. 11.
Minnesota Statutes 2018, section 10A.01, subdivision 27, is amended to read:
Subd. 27.
Political committee.
"Political committee" means an association whose major
purpose is to influence the nomination or election of one or more candidatesnew text begin or local
candidatesnew text end or to promote or defeat a ballot question, other than a principal campaign
committeenew text begin , local candidate,new text end or a political party unit.
Sec. 12.
Minnesota Statutes 2018, section 10A.01, subdivision 28, is amended to read:
Subd. 28.
Political fund.
"Political fund" means an accumulation of dues or voluntary
contributions by an association other than a political committee, principal campaign
committee, or party unit, if the accumulation is collected or expended to influence the
nomination or election of one or more candidates new text begin or local candidates new text end or to promote or defeat
a ballot question. The term political fund as used in this chapter may also refer to the
association acting through its political fund.
Sec. 13.
Minnesota Statutes 2018, section 10A.12, subdivision 1, is amended to read:
Subdivision 1.
When required for contributions and approved expenditures.
An
association other than a political committee or party unit may not contribute more than $750
in aggregate in any calendar year to candidates,new text begin local candidates,new text end political committees, or
party units or make approved expenditures of more than $750 in aggregate in any calendar
year unless the contribution or expenditure is made through a political fund.
Sec. 14.
Minnesota Statutes 2018, section 10A.12, subdivision 2, is amended to read:
Subd. 2.
Commingling prohibited.
The contents of an association's political fund may
not be commingled with other funds or with the personal funds of an officer or member of
the association or the fund. It is not commingling for an association that uses only its own
general treasury money to make expenditures and disbursements permitted under section
10A.121, subdivision 1, directly from the depository used for its general treasury money.
An association that accepts more than $1,500 in new text begin aggregate in new text end contributions to influence the
nomination or election of candidates new text begin or local candidates new text end or more than $5,000 in contributions
to promote or defeat a ballot question must establish a separate depository for those
contributions.
Sec. 15.
Minnesota Statutes 2018, section 10A.121, subdivision 1, is amended to read:
Subdivision 1.
Permitted disbursements.
An independent expenditure political
committee or fund, or a ballot question political committee or fund, may:
(1) pay costs associated with its fund-raising and general operations;
(2) pay for communications that do not constitute contributions or approved expenditures;
(3) make contributions to independent expenditure or ballot question political committees
or funds;
(4) make independent expenditures;
(5) make expenditures to promote or defeat ballot questions;
(6) return a contribution to its source;
(7) for a political fund, record bookkeeping entries transferring the association's general
treasury money allocated for political purposes back to the general treasury of the association;
deleted text begin and
deleted text end
(8) for a political fund, return general treasury money transferred to a separate depository
to the general depository of the associationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) make disbursements for electioneering communications.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to
expenditures and electioneering communications made on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2018, section 10A.121, subdivision 2, is amended to read:
Subd. 2.
Penalty.
(a) An independent expenditure political committee or independent
expenditure political fund is subject to a civil penalty of up to four times the amount of the
contribution or approved expenditure if it does the following:
(1) makes a contribution to a candidatenew text begin , local candidatenew text end , party unit, political committee,
or political fund other than an independent expenditure political committee or an independent
expenditure political fund; or
(2) makes an approved expenditure.
(b) No other penalty provided in law may be imposed for conduct that is subject to a
civil penalty under this section.
Sec. 17.
Minnesota Statutes 2018, section 10A.13, subdivision 1, is amended to read:
Subdivision 1.
Accounts; penalty.
The treasurer of a political committee, political fund,
principal campaign committee, or party unit must keep an account of:
(1) the sum of all contributions, except any donation in kind valued at $20 or less, made
to the committee, fund, or party unit;
(2) the name and address of each source of a contribution made to the committee, fund,
or party unit in excess of $20, together with the date and amount of each;
(3) each expenditure made by the committee, fund, or party unit, together with the date
and amount;
(4) each approved expenditure made on behalf of the committee, fund, or party unit,
together with the date and amount; and
(5) the name and address of each political committee, political fund, principal campaign
committee,new text begin local candidate,new text end or party unit to which contributions in excess of $20 have been
made, together with the date and amount.
Any individual who knowingly violates this subdivision is subject to a civil penalty
imposed by the board of up to $1,000.
Sec. 18.
Minnesota Statutes 2018, section 10A.17, subdivision 4, is amended to read:
Subd. 4.
Independent expenditures.
An individual, political committee, political fund,
principal campaign committee, or party unit that independently solicits or accepts
contributions or makes independent expenditures on behalf of a candidatenew text begin or local candidatenew text end
must publicly disclose that the expenditure is an independent expenditure. All written and
broadcast communications with those from whom contributions are independently solicited
or accepted or to whom independent expenditures are made on behalf of a candidatenew text begin or local
candidatenew text end must contain a statement in substantially the form provided in section 211B.04,
subdivision 2. The statement must be on the front page of all written communications and
at the end of all broadcast communications made by that individual, political committee,
political fund, principal campaign committee, or party unit on the candidate'snew text begin or local
candidate'snew text end behalf.
Sec. 19.
Minnesota Statutes 2018, section 10A.20, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Local election reports. new text end
new text begin
(a) This subdivision applies to a political committee,
political fund, or political party unit that during a nongeneral election year:
new text end
new text begin
(1) spends in aggregate more than $200 to influence the nomination or election of local
candidates;
new text end
new text begin
(2) spends in aggregate more than $200 to make independent expenditures on behalf of
local candidates; or
new text end
new text begin
(3) spends in aggregate more than $200 to promote or defeat ballot questions defined
in section 10A.01, subdivision 7, clause (2), (3), or (4).
new text end
new text begin
(b) In addition to the reports required under subdivision 2, the entities listed in paragraph
(a) must file the following reports in each nongeneral election year:
new text end
new text begin
(1) a first-quarter report covering the calendar year through March 31, which is due
April 14;
new text end
new text begin
(2) a report covering the calendar year through May 31, which is due June 14;
new text end
new text begin
(3) a pre-primary-election report due 15 days before the local primary election date
specified in section 205.065;
new text end
new text begin
(4) a pre-general-election report due 42 days before the local general election; and
new text end
new text begin
(5) a pre-general-election report due ten days before a local general election.
new text end
new text begin
The reporting obligations in this paragraph begin with the first report due after the
reporting period in which the entity reaches the spending threshold specified in paragraph
(a).
new text end
Sec. 20.
Minnesota Statutes 2018, 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 (q) 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) The report must disclose the sum of contributions to the reporting entity during the
reporting period.
(e) 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.
(f) The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to (e).
(g) The report must disclose the sum of all receipts of the reporting entity during the
reporting period.
(h) The report must disclose thenew text begin following:
new text end
new text begin (1) thenew text end name, address, and registration number if registered with the board of each
individual or association to whom aggregate expenditures, approved expenditures,
independent expenditures, deleted text begin anddeleted text end ballot question expendituresnew text begin , and disbursements for
electioneering communicationsnew text end have been made by or on behalf of the reporting entity
within the year in excess of $200deleted text begin , together withdeleted text end new text begin ;
new text end
new text begin (2)new text end the amount, date, and purpose of each expenditure, including an explanation of how
the expenditure was useddeleted text begin , and deleted text end new text begin ;
new text end
new text begin (3) new text end the name and address of, and office sought by, each candidate new text begin or local candidate new text end on
whose behalf the expenditure was madedeleted text begin ,deleted text end new text begin or, in the case of electioneering communications,
each candidate identified positively in the communication;
new text end
new text begin (4)new text end 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
questiondeleted text begin ,deleted text end new text begin ;new text end and
new text begin (5) new text end in the case of independent expenditures made in opposition to a candidatenew text begin , local
candidate, or electioneering communications in which a candidate is identified negativelynew text end ,
the candidate's new text begin or local candidate's new text end name, address, and office sought. A reporting entity
making an expenditure on behalf of more than one candidate deleted text begin for state or legislative officedeleted text end
must allocate the expenditure among the candidates new text begin or local candidates new text end on a reasonable cost
basis and report the allocation for each candidatenew text begin or local candidatenew text end .new text begin The report must list
on separate schedules any independent expenditures made on behalf of local candidates and
any expenditures made for ballot questions as defined in section 10A.01, subdivision 7,
clause (2), (3), or (4).
new text end
(i) The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.
(j) 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.
(k) The report must disclose the name, address, and registration number if registered
with the board of each political committee, political fund, principal campaign committee,
new text begin local candidate, new text end 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.new text begin The report must list
on separate schedules any contributions made to state candidates' principal campaign
committees and any contributions made to local candidates.
new text end
(l) The report must disclose the sum of all contributions made by the reporting entity
during the reporting periodnew text begin and must separately disclose the sum of all contributions made
to local candidates by the reporting entity during the reporting periodnew text end .
(m) 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.
(n) The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.
(o) 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.
(p) 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.
(q) 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, except that the
amendments related to electioneering communications are effective January 1, 2020, and
apply to expenditures and electioneering communications made on or after that date.
new text end
Sec. 21.
Minnesota Statutes 2018, section 10A.20, subdivision 6a, is amended to read:
Subd. 6a.
Statement of independence.
An individual, political committee, political
fund, or party unit filing a report or statement disclosing an independent expenditure under
subdivision 3 or 6 must file with the report a sworn statement that the disclosed expenditures
were not made with the authorization or expressed or implied consent of, or in cooperation
or in concert with, or at the request or suggestion of any candidatenew text begin ;new text end deleted text begin ordeleted text end any candidate's
principal campaign committee or agentnew text begin ; any local candidate or any local candidate's agentnew text end .
Sec. 22.
new text begin
[10A.201] ELECTIONEERING COMMUNICATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Electioneering communication. new text end
new text begin
(a) "Electioneering communication"
means a communication distributed by television, radio, satellite, the Internet, or cable
broadcasting system; by means of printed material, signs, or billboards; through the use of
telephone communications; or by electronic communication, including electronic mail or
electronic text messaging that:
new text end
new text begin
(1) refers to a clearly identified candidate;
new text end
new text begin
(2) is made within:
new text end
new text begin
(i) 30 days before a primary election or special primary election for the office sought
by the candidate; or
new text end
new text begin
(ii) 60 days before a general election or special election for the office sought by the
candidate;
new text end
new text begin
(3) is targeted to the relevant electorate; and
new text end
new text begin
(4) is made without the express or implied consent, authorization, or cooperation of, and
not in concert with or at the request or suggestion of, a candidate or a candidate's principal
campaign committee or agent.
new text end
new text begin
(b) Electioneering communication does not include:
new text end
new text begin
(1) the publishing or broadcasting of news items or editorial comments by the news
media;
new text end
new text begin
(2) a communication that constitutes an approved expenditure or an independent
expenditure;
new text end
new text begin
(3) a voter guide, which is a pamphlet or similar printed material, intended to help voters
compare candidates' positions on a set of issues, as long as each of the following is true:
new text end
new text begin
(i) the guide does not focus on a single issue or a narrow range of issues, but includes
questions and subjects sufficient to encompass major issues of interest to the entire electorate;
new text end
new text begin
(ii) the questions and any other description of the issues are clear and unbiased in both
their structure and content;
new text end
new text begin
(iii) the questions posed and provided to the candidates are identical to those included
in the guide;
new text end
new text begin
(iv) each candidate included in the guide is given a reasonable amount of time and the
same opportunity as other candidates to respond to the questions;
new text end
new text begin
(v) if the candidate is given limited choices for an answer to a question, for example:
"support," "oppose," "yes," or "no," the candidate is also given an opportunity, subject to
reasonable limits, to explain the candidate's position in the candidate's own words; the fact
that a candidate provided an explanation is clearly indicated in the guide; and the guide
clearly indicates that the explanations will be made available for public inspection, subject
to reasonable conditions;
new text end
new text begin
(vi) answers included in the guide are those provided by the candidates in response to
questions, the candidates' answers are unedited, and the answers appear in close proximity
to the question to which they respond;
new text end
new text begin
(vii) if the guide includes candidates' positions based on information other than responses
provided directly by the candidate, the positions are based on recorded votes or public
statements of the candidates and are presented in an unedited and unbiased manner; and
new text end
new text begin
(viii) the guide includes all major party candidates for each office listed in the guide;
new text end
new text begin
(4) a candidate forum or debate hosted by one or more nonprofit organizations that does
not endorse, support, or oppose candidates, as long as each of the following is true:
new text end
new text begin
(i) the forum or debate includes the participation of at least two candidates for each
office featured;
new text end
new text begin
(ii) the forum or debate is structured so that it does not promote one candidate or one
candidate's issues of interest over another; and
new text end
new text begin
(iii) candidates are selected for participation in the forum or debate based on
preestablished, objective criteria;
new text end
new text begin
(5) any other communication specified in board rules or advisory opinions as being
excluded from the definition of electioneering communication; or
new text end
new text begin
(6) a communication that:
new text end
new text begin
(i) refers to a clearly identified candidate who is an incumbent member of the legislature
or a constitutional officer;
new text end
new text begin
(ii) refers to a clearly identified issue that is or was before the legislature in the form of
an introduced bill; and
new text end
new text begin
(iii) is made when the legislature is in session or within ten days after the last day of a
regular session of the legislature.
new text end
new text begin
(c) A communication that meets the requirements of paragraph (a) but is made with the
authorization or express or implied consent of, or in cooperation or in concert with, or at
the request or suggestion of a candidate, a candidate's principal campaign committee, or a
candidate's agent is an approved expenditure.
new text end
new text begin
(d) Distributing a voter guide questionnaire, survey, or similar document to candidates
and communications with candidates limited to obtaining their responses, without more, do
not constitute communications that would result in the voter guide being an approved
expenditure on behalf of the candidate.
new text end
new text begin Subd. 2. new text end
new text begin Targeted to relevant electorate. new text end
new text begin
(a) For purposes of this section, a
communication that refers to a clearly identified candidate is targeted to the relevant electorate
if the communication is distributed to or can be received by more than 1,500 persons in the
district the candidate seeks to represent, in the case of a candidate for the house of
representatives, senate, or a district court judicial office or by more than 6,000 persons in
the state, in the case of a candidate for constitutional office or appellate court judicial office.
When determining the number of persons to whom a communication in the form of printed
material, telephone communication, electronic mail, or electronic text messaging is
distributed, an association may exclude communications distributed to its own members.
new text end
new text begin
(b) A communication consisting of printed materials, other than signs, billboards, or
advertisements published in the print media, is targeted to the relevant electorate if it meets
the requirements of paragraph (a) and is distributed to voters by means of United States
mail or through direct delivery to a resident's home or business.
new text end
new text begin Subd. 3. new text end
new text begin Disclosure of electioneering communications. new text end
new text begin
(a) Electioneering
communications made by a political committee, a party unit, or a principal campaign
committee must be disclosed on the periodic reports of receipts and expenditures filed by
the association on the schedule and in accordance with the terms of section 10A.20.
new text end
new text begin
(b) An association other than a political committee, party unit, or principal campaign
committee may register a political fund with the board and disclose its electioneering
communications on the reports of receipts and expenditures filed by the political fund. If it
does so, it must disclose its disbursements for electioneering communications on the schedule
and in accordance with the terms of section 10A.20.
new text end
new text begin
(c) An association that does not disclose its disbursements for electioneering
communications under paragraph (a) or (b) must disclose its electioneering communications
according to the requirements of subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Statement required for electioneering communications. new text end
new text begin
(a) Except for
associations providing disclosure as specified in subdivision 3, paragraph (a) or (b), every
person who makes a disbursement for the costs of producing or distributing electioneering
communications that aggregate more than $1,500 in a calendar year must, within 24 hours
of each disclosure date, file with the board a disclosure statement containing the information
described in this subdivision.
new text end
new text begin
(b) Each statement required to be filed under this section must contain the following
information:
new text end
new text begin
(1) the names of: (i) the association making the disbursement; (ii) any person exercising
direction or control over the activities of the association with respect to the disbursement;
and (iii) the custodian of the financial records of the association making the disbursement;
new text end
new text begin
(2) the address of the association making the disbursement;
new text end
new text begin
(3) the amount of each disbursement of more than $200 during the period covered by
the statement, a description of the purpose of the disbursement, and the identification of the
person to whom the disbursement was made;
new text end
new text begin
(4) the names of the candidates identified or to be identified in the communication;
new text end
new text begin
(5) if the disbursements were paid out of a segregated bank account that consists of funds
donated specifically for electioneering communications, the name and address of each
person who gave the association more than $200 in aggregate to that account during the
period beginning on the first day of the preceding calendar year and ending on the disclosure
date; and
new text end
new text begin
(6) if the disbursements for electioneering communications were made using general
treasury money of the association, an association that has paid more than $5,000 in aggregate
for electioneering communications during the calendar year must file with its disclosure
statement a written statement that includes the name, address, and amount attributable to
each person that paid the association membership dues or fees, or made donations to the
association that, in total, aggregate more than $5,000 of the money used by the association
for electioneering communications. The statement must also include the total amount of the
disbursements for electioneering communications attributable to persons not subject to
itemization under this clause. The statement must be certified as true by an officer of the
association that made the disbursements for the electioneering communications.
new text end
new text begin
(c) To determine the amount of the membership dues or fees, or donations made by a
person to an association and attributable to the association's disbursements for electioneering
communications, the association must separately prorate the total disbursements made for
electioneering communications during the calendar year over all general treasury money
received during the calendar year.
new text end
new text begin
(d) If the amount spent for electioneering communications exceeds the amount of general
treasury money received by the association during that year:
new text end
new text begin
(1) the electioneering communications must be attributed first to all receipts of general
treasury money received during the calendar year in which the electioneering communications
were made;
new text end
new text begin
(2) any amount of current year electioneering communications that exceeds the total of
all receipts of general treasury money during the current calendar year must be prorated
over all general treasury money received in the preceding calendar year; and
new text end
new text begin
(3) if the allocation made in clauses (1) and (2) is insufficient to cover the subject
electioneering communications, no further allocation is required.
new text end
new text begin
(e) After a portion of the general treasury money received by an association from a
person has been designated as the source of a disbursement for electioneering
communications, that portion of the association's general treasury money received from that
person may not be designated as the source of any other disbursement for electioneering
communications or as the source for any contribution to an independent expenditure political
committee or fund.
new text end
new text begin Subd. 5. new text end
new text begin Disclosure date. new text end
new text begin
For purposes of this section, the term "disclosure date" means
the earlier of:
new text end
new text begin
(1) the first date on which an electioneering communication is publicly distributed,
provided that the person making the electioneering communication has made disbursements
for the direct costs of producing or distributing one or more electioneering communication
aggregating in excess of $1,500; or
new text end
new text begin
(2) any other date during the same calendar year on which an electioneering
communication is publicly distributed, provided that the person making the electioneering
communication has made disbursements for the direct costs of distributing one or more
electioneering communication aggregating in excess of $1,500 since the most recent
disclosure date.
new text end
new text begin Subd. 6. new text end
new text begin Contracts to disburse. new text end
new text begin
For purposes of this section, a person shall be treated
as having made a disbursement if the person has entered into an obligation to make the
disbursement.
new text end
new text begin Subd. 7. new text end
new text begin Statement of attribution. new text end
new text begin
(a) An electioneering communication must include
a statement of attribution.
new text end
new text begin
(1) For communications distributed by printed material, signs, and billboards, the
statement must say, in conspicuous letters: "Paid for by [association name] [address]."
new text end
new text begin
(2) For communications distributed by television, radio, satellite, or cable broadcasting
system, the statement must be included at the end of the communication and must orally
state at a volume and speed that a person of ordinary hearing can comprehend: "The preceding
communication was paid for by the [association name]."
new text end
new text begin
(3) For communications distributed by telephone, the statement must precede the
communication and must orally state at a volume and speed that a person of ordinary hearing
can comprehend: "The following communication is paid for by the [association name]."
new text end
new text begin
(b) If the communication is paid for by an association registered with the board, the
statement of attribution must use the association's name as it is registered with the board.
If the communication is paid for by an association not registered with the board, the statement
of attribution must use the association's name as it is disclosed to the board on the
association's disclosure statement associated with the communication.
new text end
new text begin Subd. 8. new text end
new text begin Failure to file; penalty. new text end
new text begin
(a) If a person fails to file a statement required by this
section by the date the statement is due, the board may impose a late filing fee of $50 per
day, not to exceed $1,000, commencing the day after the statement was due.
new text end
new text begin
(b) The board must send notice by certified mail to a person who fails to file a statement
within ten business days after the statement was due that the person may be subject to a
civil penalty for failure to file the statement. A person who fails to file the statement within
seven days after the certified mail notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.
new text end
new text begin
(c) An association that provides disclosure under section 10A.20 rather than under this
section is subject to the late filing fee and civil penalty provisions of section 10A.20 and is
not subject to the penalties provided in this subdivision.
new text end
new text begin
(d) An association that makes electioneering communications under this section and
willfully fails to provide the statement required by subdivision 4, paragraph (b), clause (6),
within the time specified is subject to an additional civil penalty of up to four times the
amount of the electioneering communications disbursements that should have been included
on the statement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to
expenditures and electioneering communications made on or after that date.
new text end
Sec. 23.
Minnesota Statutes 2018, section 10A.244, is amended to read:
10A.244 VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.
Subdivision 1.
Election of voluntary inactive status.
An association that has a political
fund registered under this chapter may elect to have the fund placed on voluntary inactive
status if the following conditions are met:
(1) the association makes a written request for inactive status;
(2) the association has filed all periodic reports required by this chapter and has received
no contributions into its political fund and made no expenditures or disbursementsnew text begin , including
disbursements for electioneering communications,new text end through its political fund since the last
date included on the association's most recent report; and
(3) the association has satisfied all obligations to the state for late filing fees and civil
penalties imposed by the board or the board has waived this requirement.
Subd. 2.
Effect of voluntary inactive status.
After an association has complied with
the requirements of subdivision 1:
(1) the board must notify the association that its political fund has been placed in
voluntary inactive status and of the terms of this section;
(2) the board must stop sending the association reports, forms, and notices of report due
dates that are periodically sent to entities registered with the board;
(3) the association is not required to file periodic disclosure reports for its political fund
as otherwise required under this chapter;
(4) the association may not accept contributions into its political fund and may not make
expenditures, contributions, or disbursementsnew text begin , including disbursements for electioneering
communications,new text end through its political fund; and
(5) if the association maintains a separate depository account for its political fund, it
may continue to pay bank service charges and receive interest paid on that account while
its political fund is in inactive status.
Subd. 3.
Resumption of active status or termination.
(a) An association that has placed
its political fund in voluntary inactive status may resume active status upon written notice
to the board.
(b) A political fund placed in voluntary inactive status must resume active status within
14 days of the date that it has accepted contributions or made expenditures, contributions,
or disbursementsnew text begin , including disbursements for electioneering communications,new text end that aggregate
more than $750 since the political fund was placed on inactive status. If, after meeting this
threshold, the association does not notify the board that its fund has resumed active status,
the board may place the association's political fund in active status and notify the association
of the change in status.
(c) An association that has placed its political fund in voluntary inactive status may
terminate the registration of the fund without returning it to active status.
Subd. 4.
Penalty for financial activity while in voluntary inactive status.
If an
association fails to notify the board of its political fund's resumption of active status under
subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000
commencing on the 15th calendar day after the fund resumed active status.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to
expenditures and electioneering communications made on or after that date.
new text end
Sec. 24.
Minnesota Statutes 2018, section 10A.25, subdivision 3a, is amended to read:
Subd. 3a.
Independent expendituresnew text begin and electioneering communicationsnew text end .
The principal
campaign committee of a candidate must not make independent expendituresnew text begin or
disbursements for electioneering communicationsnew text end . If the principal campaign committee of
a candidate makes a contribution to an independent expenditure committee or independent
expenditure fund on or after January 1 of the year the candidate's office will appear on the
ballot, the independent expenditure committee or independent expenditure fund must not
make an independent expenditure for that candidate.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to
expenditures and electioneering communications made on or after that date.
new text end
Sec. 25.
Minnesota Statutes 2018, section 10A.27, subdivision 15, is amended to read:
Subd. 15.
Contributions or use of general treasury money.
(a) An association may,
if not prohibited by other law, contribute its general treasury money to an independent
expenditure or ballot question political committee or fund, including its own independent
expenditure or ballot question political committee or fund, without complying with
subdivision 13.
(b) Before the day when the recipient committee or fund's next report must be filed with
the board under section 10A.20, subdivision 2 or 5, an association that has contributed more
than $5,000 in aggregate to independent expenditure political committees or funds during
the calendar year or has contributed more than $5,000 in aggregate to ballot question political
committees or funds during the calendar year must provide in writing to the recipient's
treasurer a statement that includes the name, address, and amount attributable to each person
that paid the association dues or fees, or made donations to the association that, in total,
aggregate more than $5,000 of the contribution from the association to the independent
expenditure or ballot question political committee or fund. The statement must also include
the total amount of the contribution attributable to persons not subject to itemization under
this section. The statement must be certified as true by an officer of the donor association.
(c) To determine the amount of membership dues or fees, or donations made by a person
to an association and attributable to the association's contribution to the independent
expenditure or ballot question political committee or fund, the donor association mustdeleted text begin :
deleted text end new text begin separately prorate the total independent expenditures and ballot question expenditures made
during the calendar year over all general treasury money received during the calendar year.
new text end
deleted text begin
(1) apply a pro rata calculation to all unrestricted dues, fees, and contributions received
by the donor association in the calendar year; or
deleted text end
deleted text begin
(2) as provided in paragraph (d), identify the specific individuals or associations whose
dues, fees, or contributions are included in the contribution to the independent expenditure
political committee or fund.
deleted text end
deleted text begin
(d) Dues, fees, or contributions from an individual or association must be identified in
a contribution to an independent expenditure political committee or fund under paragraph
(c), clause (2), if:
deleted text end
deleted text begin
(1) the individual or association has specifically authorized the donor association to use
the individual's or association's dues, fees, or contributions for this purpose; or
deleted text end
deleted text begin
(2) the individual's or association's dues, fees, or contributions to the donor association
are unrestricted and the donor association designates them as the source of the subject
contribution to the independent expenditure political committee or fund.
deleted text end
new text begin
(d) If the amount contributed to independent expenditure and ballot question political
committees or funds in a calendar year exceeds the amount of general treasury money
received by the association during that year:
new text end
new text begin
(1) the contributions must be attributed first to all receipts of general treasury money
received during the calendar year in which the contributions were made;
new text end
new text begin
(2) any amount of current-year contributions that exceeds the total of all receipts of
general treasury money during the current calendar year must be prorated over all general
treasury money received in the preceding calendar year; and
new text end
new text begin
(3) if the allocation made in clauses (1) and (2) is insufficient to cover the subject
independent expenditures and ballot question expenditures, no further allocation is required.
new text end
(e) After a portion of the general treasury money received by an association from a
person has been designated as the source of a contribution to an independent expenditure
or ballot question political committee or fund, that portion of the association's general
treasury money received from that person may not be designated as the source of any other
contribution to an independent expenditure or ballot question political committee or fundnew text begin ,
or as the source of funds for a disbursement for electioneering communications made by
that associationnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, and applies to
expenditures and electioneering communications made on or after that date.
new text end
Sec. 26.
Minnesota Statutes 2018, section 383B.041, is amended to read:
383B.041 CAMPAIGN FINANCING, DISCLOSURE OF ECONOMIC
INTERESTS.
new text begin Subdivision 1. new text end
new text begin Hennepin County candidates. new text end
deleted text begin
Sections 383B.041 to 383B.058 apply
to the financing of campaigns for county elections in Hennepin County and for city elections
in home rule charter cities and statutory cities located wholly within Hennepin County,
having a population of 75,000 or more, and for school board elections in the Special School
District No. 1, Minneapolis, and to disclosure of economic interests by candidates and
elected public officials of those jurisdictions. The provisions of sections 211A.02 to 211A.07
do not apply to the financing of campaigns for elections subject to the provisions of sections
383B.041 to 383B.058.
deleted text end
new text begin
Candidates for county commissioner, county attorney, and sheriff
of Hennepin County must file campaign disclosure forms with the filing officer for Hennepin
County. These candidates are subject to the provisions of chapter 211A.
new text end
new text begin Subd. 2. new text end
new text begin Political subdivision candidates. new text end
new text begin
Candidates for elected city, school board,
park commissioner, and other political subdivision offices within Hennepin County shall
file campaign disclosure forms with the filing officer for the political subdivision for which
the candidate is seeking office. These candidates are subject to the provisions of chapter
211A.
new text end
new text begin Subd. 3. new text end
new text begin Political committees, political funds, and independent expenditures. new text end
new text begin
(a)
The provisions of chapter 10A apply to political committees as defined in section 10A.01,
subdivision 27; political funds as defined in section 10A.01, subdivision 28; and independent
expenditures as defined in section 10A.01, subdivision 18, related to:
new text end
new text begin
(1) a campaign for the nomination or election of a candidate for:
new text end
new text begin
(i) a county office in Hennepin County;
new text end
new text begin
(ii) a city office in a home rule charter or statutory city located wholly within Hennepin
County with a population of 75,000 or more; or
new text end
new text begin
(iii) the school board in Special School District No. 1; and
new text end
new text begin
(2) a ballot question or proposition that may be voted on by:
new text end
new text begin
(i) all voters in Hennepin County;
new text end
new text begin
(ii) all voters of a home rule charter or statutory city located wholly within Hennepin
County and having a population of 75,000 or more; or
new text end
new text begin
(iii) all voters in Special School District No. 1.
new text end
new text begin
(b) The provisions of chapter 211A apply to a campaign for nomination or election for
an office in the following political subdivisions:
new text end
new text begin
(1) a home rule or statutory city located wholly within Hennepin County and having a
population of less than 75,000; and
new text end
new text begin
(2) a school district located wholly within Hennepin County other than Special School
District No. 1.
new text end
new text begin
(c) The provisions of chapter 211A apply to a ballot question or proposition that may
be voted on by:
new text end
new text begin
(1) all voters of a home rule or statutory city located wholly within Hennepin County
and having a population of less than 75,000; and
new text end
new text begin
(2) all voters of a school district located wholly within Hennepin County other than
Special School District No. 1.
new text end
new text begin Subd. 4. new text end
new text begin Local ordinances and charters superseded. new text end
new text begin
This section supersedes the
provisions of any ordinance or resolution of a political subdivision within Hennepin County
or any existing special law or home rule charter provision of a political subdivision within
Hennepin County requiring disclosure of information related to the financing of election
campaigns.
new text end
new text begin Subd. 5. new text end
new text begin Economic interest disclosure; Special School District No. 1. new text end
new text begin
Every candidate
for school board in Special School District No. 1, Minneapolis, must file an original statement
of economic interest with the school district within 14 days of the filing of an affidavit or
petition to appear on the ballot. An elected official in Special School District No. 1,
Minneapolis, must file the annual statement required in section 10A.09, subdivision 6, with
the school district for every year that the individual serves in office. An original and annual
statement must contain the information listed in section 10A.09, subdivision 5. The provisions
of section 10A.09, subdivisions 6a, 7, and 9, apply to statements required under this
subdivision.
new text end
Sec. 27. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, sections 10A.15, subdivision 6; 383B.042; 383B.043; 383B.044;
383B.045; 383B.046; 383B.047; 383B.048; 383B.049; 383B.05; 383B.051; 383B.052;
383B.053; 383B.054; 383B.055; 383B.056; and 383B.057,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
CENSUS AND REDISTRICTING
Section 1.
new text begin
[2.032] REDISTRICTING COMMISSION.
new text end
new text begin Subdivision 1. new text end
new text begin Commission membership; duties. new text end
new text begin
In each year ending in one, a
redistricting commission is created to draw the boundaries of congressional and legislative
districts in accordance with the principles established in section 2.035. The commission
consists of 12 public members, to be appointed in the manner provided in subdivision 2,
and five retired judges of the appellate or district courts of this state who have not served
in a party-designated or party-endorsed position, such as legislator, to be appointed in the
manner provided in subdivision 3.
new text end
new text begin Subd. 2. new text end
new text begin Public members; appointment. new text end
new text begin
(a) The secretary of state shall supervise the
appointment of public members to the redistricting commission.
new text end
new text begin
(b) By January 15 of each year ending in zero, the secretary of state shall open a widely
publicized process that encourages eligible residents of this state to apply for membership
on the redistricting commission. The secretary of state shall solicit recommendations for
appointment to the redistricting commission from nongovernmental organizations with an
interest in the elections process.
new text end
new text begin
(c) The secretary of state shall provide an application form which must be designed to
show: (1) that an applicant meets the requirements of this subdivision; (2) that the application
must be submitted under oath affirming the truthfulness of its contents under penalty of
perjury; and (3) the applicant's demographic information, such as gender, race, ethnicity,
and age.
new text end
new text begin
(d) The following persons are not eligible to serve as a commissioner:
new text end
new text begin
(1) a person who is not eligible to vote;
new text end
new text begin
(2) a person under a contract with, or who serves as a consultant or staff to, or who has
an immediate family relationship with the governor, a member of the legislature, or a member
of congress; and
new text end
new text begin
(3) a person, or member of the person's immediate family, who has done any of the
following during the ten years immediately preceding the date of application:
new text end
new text begin
(i) has been appointed to, elected to, or a candidate for federal or state office;
new text end
new text begin
(ii) served as an officer, employee, or paid consultant of a political party or of the
campaign committee of a candidate for elective federal or state office;
new text end
new text begin
(iii) served as an elected or appointed member of a political party state central committee;
new text end
new text begin
(iv) registered as a federal, state, or local lobbyist or principal;
new text end
new text begin
(v) served as paid congressional or legislative staff; or
new text end
new text begin
(vi) violated the candidate contribution limits in section 10A.27.
new text end
new text begin
(e) For purposes of this subdivision, a member of a person's immediate family means a
sibling, spouse, parent or stepparent, child or stepchild, or in-law.
new text end
new text begin
(f) The secretary of state shall process applications as they are received and remove from
the applicant pool any person not eligible to serve as a commissioner and notify the person
of the reason they were removed. To be considered, applications must be received by
September 15 of the year ending in zero. An applicant must provide with the application
two positive references from community leaders or groups that promote civic engagement
with whom the applicant has worked and demonstrate that the applicant:
new text end
new text begin
(1) has experience with outreach to community groups to encourage civic participation
with an emphasis on historically disenfranchised groups; or
new text end
new text begin
(2) has an interest in or experience with government, elections, or civic life.
new text end
new text begin
(g) The secretary of state shall, based on a review of the applications, prepare a list of
120 applicant finalists who have demonstrated based on their application an ability to be
impartial and respect the diversity of this state's many communities. The list must, to the
extent practicable, reflect the gender, socioeconomic, age, racial, language, ethnic, and
geographic diversity of the state.
new text end
new text begin
(h) The list must include:
new text end
new text begin
(1) 40 applicant finalists identifying with the largest major political party in Minnesota;
new text end
new text begin
(2) 40 applicant finalists identifying with the second largest major political party in
Minnesota; and
new text end
new text begin
(3) 40 applicant finalists identifying their political party preference as belonging to a
party not described in clause (1) or (2) or to no party.
new text end
new text begin
For purposes of this paragraph, the two largest political parties are the parties whose
candidates received the greatest and second greatest number of votes at the most recent two
gubernatorial elections.
new text end
new text begin
(i) By December 15 of the year ending in zero, the secretary of state shall give the list
of finalists and their applications to the majority and minority leaders of the senate, the
speaker of the house, and the minority leader of the house of representatives. At an open
meeting, each of the four leaders shall remove 21 applicant finalists from the list: seven
applicant finalists identifying their political party preference with the majority party in the
house of representatives, seven applicant finalists identifying their political party preference
with the minority party in the house of representatives, and seven applicant finalists who
identified their political party preference with a party different than the majority party in
the house of representatives and the minority party of the house of representatives or with
no party. The leaders shall remove applicants one at a time in the order listed above, unless
the leaders agree to a different order.
new text end
new text begin
(j) By January 15 of each year ending in one, after the process of removing applicants
from the list is completed, each of the four leaders of the house of representatives and senate
shall give the list of finalists and their applications to the secretary of state. The secretary
of state shall randomly draw four names from the remaining applicants identifying their
political party preference as belonging to the majority party of the house of representatives,
four identifying their political party preference as belonging to the minority party of the
house of representatives, and four identifying their political party preference as belonging
to a different party than the majority party in the house of representatives and the minority
party of the house of representatives or to no party. These 12 persons shall serve as public
member commissioners.
new text end
new text begin
(k) The secretary of state's actions under this subdivision are not subject to chapter 14.
new text end
new text begin Subd. 3. new text end
new text begin Retired judges; appointment. new text end
new text begin
By January 15 of each year ending in one, the
four leaders of the house of representatives and senate shall each appoint one retired judge,
after consulting with each other in an effort to attain geographic balance in their
appointments. If the legislative leaders do not make the appointment by the deadline, the
chief justice of the supreme court shall make the appointment by January 22 of that year.
The director of the Legislative Coordinating Commission shall convene a meeting of the
four retired judges by January 29 of that year. The four retired judges shall then appoint the
fifth retired judge by a vote of at least three judges.
new text end
new text begin Subd. 4. new text end
new text begin Code of conduct. new text end
new text begin
(a) In performing their duties, the five retired judges serving
as commissioners shall abide by the Code of Judicial Conduct and are considered judicial
officers as defined in section 609.415.
new text end
new text begin
(b) Public members of the commission exercise the function of a public officer as defined
in section 609.415.
new text end
new text begin Subd. 5. new text end
new text begin Removal; filling vacancies. new text end
new text begin
(a) A commissioner can be removed with two-thirds
vote of the commission after notice and a hearing for reasons that would justify recall of a
state official under section 211C.02.
new text end
new text begin
(b) The commission must remove a commissioner who participates in a communication
that violates subdivision 8.
new text end
new text begin
(c) Except for vacancies filled by the chief justice, vacancies on the commission must
be filled by the appointing authority that made the initial appointment within 30 days after
the vacancy occurs. The appointing authority for public members is the secretary of state
and must be filled by drawing from the same partisan pool as the vacant position. If no
applicants in the pool are available for service, the secretary of state shall establish a new
pool, as provided in subdivision 2.
new text end
new text begin Subd. 6. new text end
new text begin Open records. new text end
new text begin
The commission is subject to chapter 13, except that a plan is
not public data until it has been submitted to the commission for its consideration.
new text end
new text begin Subd. 7. new text end
new text begin Open meetings. new text end
new text begin
The commission is subject to chapter 13D.
new text end
new text begin Subd. 8. new text end
new text begin Certain communications prohibited. new text end
new text begin
(a) Commissioners and commission
staff must not communicate with anyone except other commissioners or staff regarding the
content of a plan. The prohibition under this paragraph does not apply to open meetings of
the commission.
new text end
new text begin
(b) A commissioner may not direct, request, suggest, or recommend an interpretation
of a districting principle or a change to a district boundary to commission staff except during
open meetings of the commission. Commission staff shall report to the commission attempts
made to exert influence over the staff's role in the drafting of plans.
new text end
new text begin Subd. 9. new text end
new text begin Lobbyist registration. new text end
new text begin
Action of the commission to submit a redistricting plan
to the legislature is an administrative action for purposes of section 10A.01, subdivision
21, requiring certain persons to register as a lobbyist.
new text end
new text begin Subd. 10. new text end
new text begin Compensation and expenses. new text end
new text begin
Commissioners must be compensated for their
commission activity as provided in section 15.059, subdivision 3.
new text end
new text begin Subd. 11. new text end
new text begin Plans submitted to commission. new text end
new text begin
The commission shall adopt a schedule for
interested persons to submit proposed plans and to respond to plans proposed by others.
The commission shall also adopt standards to govern the format of plans submitted. The
schedule and standards adopted by the commission under this subdivision are not rules.
Chapter 14 and section 14.386 do not apply to this section.
new text end
new text begin Subd. 12. new text end
new text begin Public hearings. new text end
new text begin
The commission shall hold at least one public hearing in
each congressional district before adopting the first congressional and legislative district
plans. The commission must ask for input on defining communities of interest for
consideration. The commission must publish on its website preliminary drafts of the
congressional and legislative district plans and each preliminary draft's accompanying
reports at least one week before a hearing required under this subdivision and allow the
public at least 30 days to submit comments after publication.
new text end
new text begin Subd. 13. new text end
new text begin Deadlines. new text end
new text begin
(a) By April 30 of each year ending in one, the commission shall
submit plans to the legislature for congressional and legislative districts. Each plan must be
accompanied by a report summarizing information and testimony received by the commission
in the course of the hearings and including any comments and conclusions the commissioners
deem appropriate on the information and testimony received at the hearings or otherwise
presented. Any plan submitted to the legislature must be approved by an affirmative vote
of at least 13 members of the commission.
new text end
new text begin
(b) The legislature intends that a bill be introduced to enact each plan and that the bill
be brought to a vote in either the senate or the house of representatives under a procedure
or rule permitting no amendments except those of a purely corrective nature, not less than
one week after the report of the commission was received and made available to the members
of the legislature. The legislature further intends that the bill be brought to a vote in the
second body within one week after final passage in the first body under a similar procedure
or rule. If either the senate or the house of representatives fails to approve a first plan
submitted by the commission, within one week after the failure the secretary of the senate
or the chief clerk of the house of representatives must notify the commission of the failure,
including any information that the senate or house of representatives may direct by resolution
regarding reasons why the plan was not approved. If the governor vetoes a plan, the veto
message serves as the notice.
new text end
new text begin
(c) The commission shall submit a second plan within two weeks after the commission
received the notice, unless by then the legislature has adjourned the regular session in the
year ending in one, in which case the second plan must be submitted to the legislature at
the opening of its regular session in the year ending in two. The legislature intends that a
second plan be considered by the legislature under the same procedure as provided for a
first plan under paragraph (b).
new text end
new text begin
(d) If the commission fails to submit a plan by either of these two deadlines, the legislature
may proceed to enact a plan in place of the missing plan without waiting for the commission
to submit a plan.
new text end
new text begin
(e) If the secretary of the senate or the chief clerk of the house of representatives notifies
the commission that a second plan has failed, or the governor vetoes a second plan, the
commission shall submit a third plan within two weeks after the commission received the
notice, unless by then the legislature has adjourned the regular session in the year ending
in one, in which case the third plan must be submitted to the legislature at the opening of
its regular session in the year ending in two. The third plan is subject to the same procedure
as provided for first and second plans under paragraph (b).
new text end
new text begin
Final approval of all plans, whether enacted by the legislature or as provided by order
of the court, must take place no later than the date provided in section 204B.14, subdivision
1a.
new text end
new text begin Subd. 14. new text end
new text begin Data used. new text end
new text begin
(a) To draw congressional and legislative districts, the commission
shall use, at a minimum, census data representing the entire population of Minnesota.
new text end
new text begin
(b) The commission shall use redistricting population data that includes data for persons
who are incarcerated reflecting their residence to be their last known residential address
before incarceration.
new text end
new text begin Subd. 15. new text end
new text begin Expiration. new text end
new text begin
(a) The commission expires when both congressional and
legislative redistricting plans have been enacted into law or adopted by order of the court
and any legal challenges to the plans have been resolved.
new text end
new text begin
(b) If use of a plan is enjoined after the commission expires, the court enjoining the plan
may direct that a new commission be appointed under this section to draft a remedial plan
for presentation to the legislature in accordance with deadlines established by order of the
court.
new text end
Sec. 2.
new text begin
[2.035] DISTRICTING PRINCIPLES.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
The principles in this section apply to congressional and
legislative districts.
new text end
new text begin Subd. 2. new text end
new text begin Prohibited information. new text end
new text begin
(a) No plan shall be drawn to purposefully favor or
disfavor a political party or candidate.
new text end
new text begin
(b) Information regarding registered voters, political affiliation, voting history, and
demographics shall be sequestered from the Redistricting Commission for the initial phase
of the process, but may be used to test for compliance with the goals in subdivision 3 and
reports described in section 2.036, subdivision 4.
new text end
new text begin Subd. 3. new text end
new text begin Priority of principles. new text end
new text begin
Redistricting commissioners appointed under section
2.032 shall adhere to the principles in subdivisions 4 to 12 when drawing congressional and
legislative districts. Where it is not possible to fully comply with the principles contained
below, a redistricting plan shall give priority to those principles in the order in which they
are listed, except to the extent that doing so would violate federal or state law.
new text end
new text begin Subd. 4. new text end
new text begin Population equality. new text end
new text begin
(a) Congressional districts must be as nearly equal in
population as practicable.
new text end
new text begin
(b) Legislative districts must be substantially equal in population. The population of a
legislative district must not deviate from the ideal by more than one percent.
new text end
new text begin Subd. 5. new text end
new text begin Contiguity. new text end
new text begin
The districts must be contiguous allowing for easy travel throughout
the district. Contiguity by water is sufficient if the water is not a serious obstacle to travel
within the district. Districts with areas that touch only at a point are not contiguous.
new text end
new text begin Subd. 6. new text end
new text begin Minority representation. new text end
new text begin
(a) Each district must be drawn in compliance with
all state and federal laws. A district must not be drawn with either the purpose or effect of
diluting, denying, or abridging the right of any citizen of the United States to vote on account
of race, ethnicity, or membership in a language minority group, whether by themselves or
when voting in concert with other people.
new text end
new text begin
(b) Racial, ethnic, and language minorities must have an equal opportunity to participate
in the political process and elect candidates of their choice. Racial, ethnic, and language
minorities who constitute less than a voting-age majority of a district must have an
opportunity to substantially influence the outcome of an election.
new text end
new text begin Subd. 7. new text end
new text begin Communities of interest. new text end
new text begin
District boundaries shall recognize communities of
interest. A community of interest is a contiguous population sharing common social and
economic interests that should be included within a single district for purposes of the
community's effective and fair representation. Communities of interest include but are not
limited to geographic areas where there are clearly recognizable similarities of social,
cultural, ethnic, economic, or other interests. Examples of shared interests are those common
to an urban area, rural area, industrial area, or agricultural area and those common to areas
in which the people share similar living standards, have similar work opportunities, or have
access to the same media of communication relevant to the election process. Communities
of interest shall not include relationships with political parties, incumbents, or political
candidates.
new text end
new text begin Subd. 8. new text end
new text begin Political subdivisions. new text end
new text begin
Counties, cities, and municipalities should be preserved
to the greatest extent possible and in compliance with the other principles to preserve rather
than divide them among multiple districts.
new text end
new text begin Subd. 9. new text end
new text begin Incumbents. new text end
new text begin
The residence of incumbents shall not be taken into consideration
in the development or approval of a proposed plan.
new text end
new text begin Subd. 10. new text end
new text begin Compactness. new text end
new text begin
Compactness must be measured by using one or more statistical
tests and must be compact.
new text end
new text begin Subd. 11. new text end
new text begin Partisan symmetry and bias. new text end
new text begin
A district must not be drawn in a manner that
unduly favors or disfavors any political party. The commission shall use judicial standards
and the best available scientific and statistical methods to assess whether a plan unduly
favors or disfavors a political party.
new text end
new text begin Subd. 12. new text end
new text begin Numbering. new text end
new text begin
(a) Congressional district numbers must begin with district one
in the southeast corner of the state and end with the district with the highest number in the
northeast corner of the state.
new text end
new text begin
(b) Legislative districts must be numbered in a regular series, beginning with house
district 1A in the northwest corner of the state and proceeding across the state from west to
east, north to south. In a county that includes more than one whole senate district, the districts
must be numbered consecutively.
new text end
Sec. 3.
new text begin
[2.036] LEGISLATIVE COORDINATING COMMISSION;
REDISTRICTING.
new text end
new text begin Subdivision 1. new text end
new text begin Administrative support. new text end
new text begin
The Legislative Coordinating Commission
shall provide administrative support to the Redistricting Commission.
new text end
new text begin Subd. 2. new text end
new text begin Database. new text end
new text begin
The geographic areas and population counts used in maps, tables,
and legal descriptions of congressional and legislative districts considered by the legislature
must be those used by the Geographic Information Services (GIS) Office of the Legislative
Coordinating Commission. The population counts shall be the block population counts
provided to the state under Public Law 94-171 after each decennial census, subject to
correction of any errors acknowledged by the United States Census Bureau. The GIS Office
must make the database available to the public on the GIS Office website.
new text end
new text begin Subd. 3. new text end
new text begin Publication; consideration of plans. new text end
new text begin
A redistricting plan must not be considered
for adoption by the senate or house of representatives until the redistricting plan's block
equivalency file has been submitted to the GIS Office in a form prescribed by the GIS
Office. The block equivalency file must show the district to which each census block has
been assigned. The GIS Office shall publish each plan submitted to it on the GIS Office
website.
new text end
new text begin Subd. 4. new text end
new text begin Reports. new text end
new text begin
Publication of a plan must include the following reports:
new text end
new text begin
(1) a population equality report, listing each district in the plan, its population as the
total number of persons, and deviations from the ideal as both a number of persons and as
a percentage of the population. The report must also show the populations of the largest
and smallest districts and the overall range of deviations of the districts;
new text end
new text begin
(2) a contiguity report, listing each district that is noncontiguous either because two
areas of a district do not touch or because they are linked by a point;
new text end
new text begin
(3) a minority voting-age population report, listing for each district the voting age
population of each racial or language minority and the total minority voting age population,
according to the categories recommended by the United States Department of Justice. The
report must also highlight each district with 30 percent or more total minority population;
new text end
new text begin
(4) a communities of interest report, if the chief author of a plan asserts that it preserves
a community of interest, maps of the plan must include a layer identifying the census blocks
within the community of interest. Publication of the plan must also include a report that
lays out the research and process used to identify the communities of interest and lists the
district or districts to which the community of interest has been assigned. The report must
include the number of communities of interest that are split and the number of times the
communities were split;
new text end
new text begin
(5) a political subdivision splits report, listing the split counties, cities, towns, unorganized
territories, and precincts, and the district to which each portion of a split subdivision is
assigned. The report must also show the number of subdivisions split and the number of
times a subdivision is split;
new text end
new text begin
(6) a plan components report, listing for each district the names and populations of the
counties within it and, where a county is split between or among districts, the names and
populations of the portion of the split county and each of the split county's whole or partial
cities, townships, unorganized territories, and precincts within each district.
new text end
new text begin
(7) a measures of compactness report, listing for each district at least the results of the
Reock, Polsby-Popper, Minimum Convex Hull, Population Polygon, Population Circle,
Ehrenburg, Length-Width, measures of compactness. The report must also state for all the
districts in a plan the sum of its perimeters and the mean of its other measurements. The
commission may consider other tests of compactness; and
new text end
new text begin
(8) a partisan bias report, listing multiple measures of partisan symmetry or other
measures of partisan bias as accepted in political science literature and the best available
scientific and statistical methods.
new text end
Sec. 4.
new text begin
[204B.136] REDISTRICTING OF LOCAL ELECTION DISTRICTS.
new text end
new text begin Subdivision 1. new text end
new text begin Redistricting plan standards; Redistricting Commission. new text end
new text begin
The principles
provided in section 2.035 must be applied to the redistricting of:
new text end
new text begin
(1) county commissioner districts, county park districts, and soil and water conservation
supervisor districts in counties with a population greater than 100,000; and
new text end
new text begin
(2) wards in cities with a population greater than 75,000.
new text end
new text begin Subd. 2. new text end
new text begin Population variance. new text end
new text begin
The minimum population variance permitted for county
districts and wards may be up to 1.5 percent of the mean population for all districts or wards
in a redistricting plan adopted as provided in this section.
new text end
new text begin Subd. 3. new text end
new text begin Procedure. new text end
new text begin
Redistricting plans required by this section shall be prepared and
adopted by the charter commission, or where such a commission does not exist, by a
redistricting commission of no fewer than seven and no more than 15 members appointed
by the chief judge of the district court in which a majority of the population of the affected
jurisdiction reside. Members of a commission appointed under this subdivision must meet
the qualification standards for a public member of the Redistricting Commission as described
in section 2.032, subdivision 2, paragraph (d).
new text end
Sec. 5. new text begin ACCESS TO MULTIUNIT FACILITIES BY UNITED STATES CENSUS
EMPLOYEES.
new text end
new text begin Subdivision 1. new text end
new text begin Access required. new text end
new text begin
It is unlawful for a person, either directly or indirectly,
to deny access to an apartment house, dormitory, nursing home, manufactured home park,
other multiple unit facility used as a residence, or an area in which two or more single-family
dwellings are located on private roadways, to an employee of the United States Census who
displays a current, valid census credential and who is engaged in official census business.
An employee granted access under this section must be permitted to leave census materials
for residents at their doors, except that the manager of a nursing home may direct that the
materials be left at a central location within the facility. The materials must be left in an
orderly manner.
new text end
new text begin Subd. 2. new text end
new text begin Limitations. new text end
new text begin
This section does not prohibit:
new text end
new text begin
(1) denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;
new text end
new text begin
(2) in the case of a nursing home or a registered housing with services establishment
providing assisted living services meeting the requirements of Minnesota Statutes, section
144G.03, subdivision 2, denial of permission to visit certain persons for valid health reasons;
new text end
new text begin
(3) limiting visits to a reasonable number of census employees or reasonable hours;
new text end
new text begin
(4) requiring a prior appointment to gain access to the facility; or
new text end
new text begin
(5) denial of admittance to or expulsion of an individual employee from a multiple unit
dwelling for good cause.
new text end
new text begin Subd. 3. new text end
new text begin Compliance with federal law. new text end
new text begin
A person in compliance with United States
Code, title 13, section 223, and any guidance or rules adopted by the United States
Department of Commerce, Bureau of the Census, governing access to a facility described
in subdivision 1 is considered to be in compliance with the requirements of this section.
new text end
new text begin Subd. 4. new text end
new text begin Applicability. new text end
new text begin
This section is effective from January 1 to December 31 in any
year during which a decennial census is conducted under the authority of the United States
Constitution, article 1, section 2.
new text end
Sec. 6. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Legislative Coordinating Commission. new text end
new text begin
$....... in fiscal year 2020 and
$....... in fiscal year 2021 are appropriated from the general fund to the Legislative
Coordinating Commission for costs associated with implementing this article. These are
onetime appropriations.
new text end
new text begin Subd. 2. new text end
new text begin Secretary of State. new text end
new text begin
$....... in fiscal year 2020 and $....... in fiscal year 2021 are
appropriated from the general fund to the secretary of state for costs associated with
implementing this article. These are onetime appropriations.
new text end
APPENDIX
Repealed Minnesota Statutes: H1603-1
10A.15 CONTRIBUTIONS.
Subd. 6.
Contributions from Hennepin County registered associations.
In lieu of registration with the board, an association registered with the Hennepin County filing officer under sections 383B.041 to 383B.058 that makes contributions of more than $200 to a committee or fund in a calendar year may notify the recipient committee of its registration with Hennepin County, including its registration number, and instruct the recipient committee to include the notice when the recipient committee discloses receipt of the contribution.
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.
383B.042 DEFINITIONS.
Subdivision 1.
For county campaign finance provisions.
For the purposes of sections 383B.041 to 383B.058, the terms defined in this section have the meanings given them. The terms defined in chapter 200 also apply to sections 383B.041 to 383B.058, unless a different meaning is specified in this section.
Subd. 2.
Advance of credit.
"Advance of credit" means any money owed for goods provided or services rendered. An advance of credit is an expenditure in the year in which the goods or services are used or consumed. "Advance of credit" does not mean "loan" as defined in subdivision 12.
Subd. 3.
Association.
"Association" means a business, corporation, firm, partnership, committee, labor organization, club, or any other group of two or more persons, which includes more than an immediate family, acting in concert.
Subd. 4.
Business with which the individual is associated.
"Business with which the individual is associated" means any association in connection with which the individual is compensated in excess of $50 except for actual and reasonable expenses in any month as a director, officer, owner, member, partner, employer or employee, or is a holder of securities worth $2,500 or more at fair market value.
Subd. 5.
Candidate.
"Candidate" means an individual, not within the definition of candidate of section 10A.01, subdivision 10, who seeks nomination or election to any county office in Hennepin County, to any city office in any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more or to the school board of Special School District No. 1, Minneapolis.
Subd. 6.
City.
"City" means any statutory or home rule charter city wholly within Hennepin County and having a population of 75,000 or more.
Subd. 7.
Contribution.
"Contribution" means a transfer of funds or a donation in kind.
"Contribution" includes any loan or advance of credit to a political committee, political fund, or principal campaign committee, if that loan or advance of credit is (a) forgiven, or (b) paid by an entity other than the political committee, political fund, or principal campaign committee to which the loan or advance of credit is made.
"Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, political committee or political fund, or the publishing or broadcasting of news items or editorial comments by the news media.
Subd. 8.
Donation in kind.
"Donation in kind" means anything of value other than money or negotiable instruments given by an individual or association to a political committee, political fund, or principal campaign committee for the purpose of influencing the outcome of an election.
Subd. 9.
Election.
"Election" means any election held to nominate or elect any candidate or to decide any question on a county ballot in Hennepin County or on the ballot of any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more, or on the ballot of Special School District No. 1, Minneapolis.
Subd. 10.
Expenditure.
"Expenditure" means a purchase or payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the outcome of any election. "Expenditure" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, political committee or political fund, or the publishing or broadcasting of news items or editorial comments by the news media.
Subd. 11.
Filing officer.
"Filing officer" means the official responsible under law for administration of the election laws for Hennepin county.
Subd. 12.
Loan.
"Loan" means an advance of money or anything of value made to a political committee, political fund, or principal campaign committee.
Subd. 13.
Political committee.
"Political committee" means any political party, association or person other than an individual that seeks as its major purpose to influence the outcome of any election for a city ballot issue or for any city office in the city of Bloomington; for a city or school district ballot issue and for any city or school district office in the city of Minneapolis, and in Special School District No. 1, Minneapolis; or for any countywide ballot issue or county office in Hennepin County; and not to influence the outcome of any other election.
Subd. 14.
Political fund.
"Political fund" means any accumulation of dues or voluntary contributions by an association other than a political committee, which accumulation is collected or expended for the purpose of influencing the outcome of any election for a city ballot issue or for any city office in the city of Bloomington; for a city or school district ballot issue and for any city or school district office in the city of Minneapolis, and in Special School District No. 1, Minneapolis; or for any countywide ballot issue or county office in Hennepin County; and not for the purpose of influencing the outcome of any other election.
Subd. 15.
Population.
"Population" means population as determined by the most recent federal census.
Subd. 16.
Principal campaign committee.
"Principal campaign committee" means the single political committee designated by a candidate for election for any city office in the city of Bloomington; for any city office in the city of Minneapolis; for any school district office in Special School District No. 1, Minneapolis; or for any county office in Hennepin County.
Subd. 17.
Transfer of funds.
"Transfer of funds" or "transfer" means money or negotiable instruments given by an individual or association to a political committee, political fund, or principal campaign committee for the purpose of influencing the outcome of any election.
383B.043 POLITICAL COMMITTEES; COUNTY AND CERTAIN OTHER ELECTIONS.
Subdivision 1.
Officers.
Every political committee shall have a chair and a treasurer, who may be the same individual. The treasurer may designate deputy treasurers and shall be responsible for their accounts. The treasurer shall designate a single depository and account for all contributions received by the political committee.
Subd. 2.
Prohibitions; acceptance of certain contributions; commingling of funds.
No contribution shall be accepted and no expenditure shall be made by or on behalf of a political committee while the office of treasurer is vacant. No anonymous contribution in excess of $20 shall be retained by the political committee but shall be forwarded to the state campaign finance and public disclosure board and deposited in the general fund. No funds of the political committee shall be commingled with the personal funds of any officer, member or associate of the committee. Any individual who violates a provision of this subdivision is guilty of a misdemeanor.
383B.044 POLITICAL FUNDS.
Subdivision 1.
When required.
No association other than a political committee shall transfer more than $100 in aggregate in any one year to candidates or political committees or make any expenditure unless the transfer or expenditure is made from a political fund.
Subd. 2.
Treasurer; commingling of funds; anonymous contributions.
Each association which has a political fund shall elect or appoint a treasurer of the political fund. No contributions to the political fund shall be accepted and no expenditures from the fund shall be made while the office of treasurer is vacant. The contents of the political fund shall not be commingled with any other funds or with the personal funds of any officer or member of the fund. No anonymous contribution in excess of $20 shall be retained by the political fund but shall be forwarded to the state campaign finance and public disclosure board and deposited in the general fund.
Subd. 3.
Use of dues and membership fees.
Notwithstanding subdivision 1, the association may, if not prohibited by other law, deposit in its political fund money derived from dues or membership fees. The treasurer of the fund, in any report required by section 383B.049, shall disclose the name of any member whose dues, membership fees and contributions deposited in the political fund in any one year exceed $50 in the aggregate.
Subd. 4.
Penalty.
Any person who knowingly violates the provisions of this section is guilty of a misdemeanor.
383B.045 PRINCIPAL CAMPAIGN COMMITTEE.
Every candidate who receives contributions or makes expenditures in excess of $100 shall designate and cause to be formed a single political committee which shall be known as the candidate's principal campaign committee. The candidate shall make expenditures only through the candidate's principal campaign committee. The candidate may be the chair and treasurer of the principal campaign committee.
383B.046 REGISTRATION OF POLITICAL COMMITTEES, POLITICAL FUNDS, AND PRINCIPAL CAMPAIGN COMMITTEES.
Subdivision 1.
Filing office; deadline.
Every political committee, political fund and principal campaign committee as defined in section 383B.042, subdivisions 13, 14, and 16, shall register with the filing officer within 14 days after the date by which the committee or fund has received contributions or made expenditures in excess of $100. A political committee, political fund, or principal campaign committee that is registered with the Campaign Finance and Public Disclosure Board under section 10A.14 need not register under this section.
Subd. 2.
Statement required.
A political committee, political fund, or principal campaign committee registers by filing a statement of organization that includes:
(a) the name and address of the political committee, political fund, or principal campaign committee;
(b) the name and address of the chair, the treasurer, and any deputy treasurers;
(c) the name and address of the depository used by the committee or fund;
(d) the name and address of any supporting association of a political fund; and
(e) a statement as to whether the committee is a principal campaign committee.
The statement of organization shall be filed by the treasurer of the political committee, political fund or principal campaign committee.
383B.047 ACCOUNTS WHICH MUST BE KEPT.
Subdivision 1.
Contributions; expenditures; transfers.
The treasurer of any political committee, political fund or principal campaign committee shall keep an account of:
(1) the sum of all contributions made to the political committee, political fund, or principal campaign committee;
(2) the name and address of each source of a transfer or donation in kind, together with the date and amount;
(3) each expenditure made by or on behalf of the committee or fund together with the date and amount; and
(4) the name and address of each political committee, political fund, or principal campaign committee to which transfers have been made, together with the date and amount.
Subd. 2.
Authorization of expenditures; receipts.
Each expenditure by a political committee, political fund or principal campaign committee shall be authorized by the treasurer. The treasurer may authorize not more than $20 per week as petty cash for miscellaneous expenditures. The treasurer shall obtain a receipted bill stating the particulars for every expenditure made by or on behalf of the political committee, political fund, or principal campaign committee.
383B.048 CAMPAIGN REPORTS.
Subdivision 1.
Committees required to report; deadlines.
(a) The treasurer of any political committee, political fund, or principal campaign committee required to register pursuant to section 383B.046 shall file campaign reports with the filing officer. In each year in which the name of the candidate is on the ballot, the report of the principal campaign committee shall be filed one week before a regular primary and a regular election. Political committees and political funds shall file campaign reports one week before a regular primary or regular election.
(b) The treasurer of a principal campaign committee shall file reports one week before a special primary or other special election and 30 days after a special election.
(c) The reports shall cover the period from the day after the end of the previous reporting period to one week before the filing date.
(d) A campaign report shall be filed by all treasurers on January 31 of each year covering the period from the day after the end of the previous reporting period to December 31 of the preceding calendar year.
Subd. 2.
Content of reports.
Each campaign report required under this section shall disclose:
(1) the amount of liquid assets on hand at the beginning of the reporting period;
(2) the name, address and employer, or occupation if self-employed, of each individual, committee or political fund that made transfers or donations in kind to the political committee, political fund, or principal campaign committee in an aggregate amount or value in excess of $100, together with the amount and date;
(3) the sum of all contributions made to the political committee, political fund, or principal campaign committee;
(4) each loan made or received by the political committee, political fund, or principal campaign committee within the year in aggregate in excess of $100, together with the name, address, occupation and the principal place of business, if any, of the lender and any endorser and the date and amount of the loan. A loan made to a political committee, political fund, or principal campaign committee which is forgiven or is repaid by an entity other than that political committee or fund shall be reported as a contribution;
(5) the sum of all receipts, including all contributions and loans, during the reporting period;
(6) the name and address of each person to whom aggregate expenditures have been made by or on behalf of the political committee, political fund, or principal campaign committee within the year in excess of $100, the amount, date and purpose of each expenditure and the ballot question or the name and address of the candidate supported or opposed by the expenditure;
(7) the sum of all expenditures made by the political committee, political fund, or principal campaign committee;
(8) the amount and nature of any advance of credit incurred by the political committee, political fund, or principal campaign committee continuously reported until paid or forgiven. An advance of credit incurred by a political committee, political fund, or principal campaign committee which is forgiven or is paid by an entity other than that political committee, political fund, or principal campaign committee shall be reported as a donation in kind;
(9) the name and address of each political committee, political fund, or principal campaign committee to which aggregate transfers in excess of $100 have been made within the year, together with the amount and date of each transfer;
(10) the sum of all transfers made to political committees, political funds, or principal campaign committees; and
(11) the sum of all disbursements not made to influence the outcome of an election.
Subd. 3.
Party sample ballots.
Expenditures by a political party as defined in section 200.02, subdivision 7, or a substate unit of such a party, for the preparation, display and distribution of an official party sample ballot containing the names of three or more individuals whose names are to appear on the ballot shall not be considered contributions or expenditures on behalf of any candidate.
Subd. 4.
Termination reports.
(a) A political committee, political fund, or principal campaign committee created pursuant to section 383B.046 may dissolve upon filing of a termination report indicating that the committee or fund has settled all of its debts and disposed of all assets in excess of $100. The termination report shall include all information required in a periodic campaign report.
(b) Political committees and political funds that were created for purposes of supporting or opposing candidates or ballot issues beyond the scope of those identified in section 383B.042, subdivision 5, 13, or 14, may terminate their registration with Hennepin County. Termination of a registration under this provision does not require termination of the political committee or political fund and does not require settlement of all debts and disposition of all assets in excess of $100.
383B.049 EXPENDITURES BY INDIVIDUALS.
Subdivision 1.
Reports.
Except as provided in subdivision 2, any individual who makes expenditures in an aggregate amount of $100 or more in any year, which expenditures are not required to be reported by any political committee, political fund, or principal campaign committee as contributions to that political committee, political fund, or principal campaign committee, shall file campaign reports in the form required by section 383B.048 with respect to those expenditures.
Subd. 2.
Exception; independent expenditures.
An individual shall not be required to report any expenditure which is made without the cooperation or express or implied consent of any candidate, political committee, political fund, or agent of a candidate, political committee, or political fund, unless the expenditure expressly advocates the election or defeat of a clearly identified candidate or the approval or rejection of a clearly identified county or city ballot question at any election.
383B.05 ADDITIONAL INFORMATION TO BE DISCLOSED.
Subdivision 1.
Earmarked contributions.
Any individual, political committee, political fund, or principal campaign committee that receives a contribution from any person or association in an aggregate in excess of $50 with the express or implied condition that the contribution or any part of it be directed to a particular candidate shall disclose to the ultimate recipient and in any report required by section 383B.048, the original source of the contribution, the fact that it was earmarked and the candidate to whom it is directed. The ultimate recipient of any earmarked contribution shall also disclose the original source and the individual, political committee, political fund, or principal campaign committee through which it was directed. Any individual, political committee, political fund, or principal campaign committee that knowingly accepts earmarked funds and fails to make the disclosure required by this subdivision is guilty of a misdemeanor.
Subd. 2.
Bills when rendered and paid.
Every person who has a bill, charge or claim against any political committee, political fund, or principal campaign committee for any expenditure shall render in writing to the treasurer of the committee or fund the bill, charge or claim within 60 days after the material or service is provided. Failure to present the bill, charge or claim as required by this subdivision is a petty misdemeanor.
383B.051 CIRCUMVENTION PROHIBITED.
Any person who attempts to circumvent disclosure of the source or amount of contributions or expenditures by redirecting funds through or contributing funds on behalf of another person is guilty of a misdemeanor.
383B.052 ECONOMIC REPRISALS PROHIBITED.
No individual or association shall engage in economic reprisals or threaten loss of employment or physical coercion against any individual or association because of the political contributions or political activity of that individual or association. This subdivision does not apply to compensation for employment or loss of employment when the political affiliation or viewpoint of the employee is a bona fide occupational qualification of the employment. Any individual or association that violates this subdivision is guilty of a misdemeanor.
383B.053 ECONOMIC INTEREST DISCLOSURE.
Subdivision 1.
Officials required to file; deadlines.
Every candidate for county office, every elected official of Hennepin County, every candidate for office and every elected official of a home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more, and every candidate for school board and every elected official in Special School District No. 1, Minneapolis shall file statements of economic interest as required by this section with the filing officer. A candidate shall file an original statement within 14 days of the filing of an affidavit or petition to appear on the ballot. Every individual required to file a statement shall file a supplementary statement on April 15 of each year in which the individual remains a candidate or elected official. An official required to file a statement of economic interest under section 10A.09 is not required to comply with this section.
Subd. 2.
Content of statement.
An individual required to file a statement of economic interest shall disclose:
(1) the individual's name, address, occupation and principal place of business;
(2) the name of each business with which the individual is associated and the nature of that association;
(3) a listing of all real property within the state, excluding homestead property, in which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, and which interest has a market value in excess of $2,500 as shown on the real estate tax statement for the property or (ii) an option to buy, which property has a fair market value of $50,000 or more;
(4) a listing of all real property within the state in which a partnership of which the individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of the partnership interest has a market value in excess of $2,500 as shown on the real estate tax statement for the property or (ii) an option to buy, which property has a fair market value of $50,000 or more; and
(5) in supplementary statements only, the amount of each honorarium in excess of $50 received since the last statement, together with the name and address of the source.
Any listing under clause (3) or (4) shall indicate the street address and the municipality or the section, township range and approximate acreage, whichever applies, and the county wherein the property is located.
383B.054 REPORTS AND STATEMENTS; REQUIREMENTS.
Subdivision 1.
Certification.
A report or statement required by sections 383B.046 to 383B.054 shall be signed and certified as true by the individual required to file the report. Any individual who signs and certifies to be true a report or statement which the individual knows contains false information or who knowingly omits required information is guilty of a gross misdemeanor.
Subd. 2.
Transmittal, retention, public inspection.
The filing officer shall promptly transmit to the appropriate city clerk a copy of each statement and report filed by a candidate for city office, a political committee or fund that discloses contributions or expenditures to influence a city or an elected city official. The filing officer and each city clerk shall retain the statements, reports and copies and make them available for public inspection for a period of five years after the date of receipt by the filing officer.
Subd. 3.
Changes and corrections.
Any material changes in information previously submitted and any corrections to a report or statement shall be reported in writing to the filing officer within ten days following the date of the event prompting the change or the date upon which the individual filing became aware of the inaccuracy. The change or correction shall identify the form and the paragraph containing the information to be changed or corrected. Any individual who willfully fails to report a material change or correction is guilty of a misdemeanor.
Subd. 4.
Record keeping.
Each individual required to file any report or statement or to keep any account pursuant to sections 383B.046 to 383B.054 shall maintain and preserve for four years the records, including any vouchers, canceled checks, bills, invoices, worksheets and receipts, that will provide in sufficient detail the necessary information from which the accounts and the filed reports and statements may be verified, explained, clarified and checked for accuracy and completeness.
Subd. 5.
Penalties.
The filing officer shall notify by certified mail or personal service any individual who fails to file a statement or report required by sections 383B.046 to 383B.054. Except for any campaign report of a principal campaign committee due before an election, if an individual fails to file any statement or report within seven days after receiving a notice, the filing officer may impose a late filing fee of $5 per day, not to exceed $100, commencing on the eighth day after receiving notice. If a treasurer of a principal campaign committee fails to file a campaign report due before an election within three days of the date due, regardless of whether the treasurer has received any notice, the filing officer may impose a late filing fee of $50 per day, not to exceed $500, commencing on the fourth day after the date the statement was due. The filing officer shall further notify by certified mail or personal service any individual who fails to file any statement or report within 21 days after receiving a first notice that the individual may be subject to a criminal penalty for failure to file the statement or report. An individual who knowingly fails to file the statement or report within seven days after receiving a second notice from the filing officer is guilty of a misdemeanor. A filing officer who violates any provision of this subdivision is guilty of a misdemeanor.
Subd. 6.
Recovery of late filing fees.
A filing officer may bring an action in the Fourth Judicial District Court to recover any late filing fee imposed pursuant to subdivision 5. All money recovered shall be deposited in the general fund of Hennepin County.
Subd. 7.
Reports of violations.
If any individual other than a county official or candidate for county office fails to file the required statement or report within seven days after a second notice as provided in subdivision 5, the filing officer shall inform the Hennepin County attorney that a second notice was sent and that the individual failed to file the required statement or report. If a county official or candidate fails to file a report or statement after a second notice as provided in subdivision 5, the filing officer shall notify the attorney general.
Subd. 8.
Report by subordinate.
(a) Any deputy, clerk, employee or other subordinate of a filing officer who has knowledge or reason to believe that a violation of sections 383B.041 to 383B.057 has occurred, shall immediately transmit a report of that knowledge or belief to that filing officer, together with any evidence of the violation coming into the subordinate's possession.
(b) Any filing officer who has knowledge or reason to believe that a violation of sections 383B.041 to 383B.058 has occurred shall immediately transmit a report of that knowledge or belief to the county attorney of the county in which the violation is thought to have occurred, together with any evidence of the violation coming into the filing officer's possession.
(c) The filing officer shall also immediately send a copy of the report to the Campaign Finance and Public Disclosure Board.
(d) A violation of this subdivision is a misdemeanor.
383B.055 DUTIES OF CAMPAIGN FINANCE BOARD; FILING OFFICERS.
Subdivision 1.
Board: advisory opinions, disclosure exemptions.
The state Campaign Finance and Public Disclosure Board shall:
(1) issue and publish advisory opinions concerning the requirements of sections 383B.041 to 383B.057 upon application in writing by the county filing officer of Hennepin County or any individual or association who wishes to use the opinion to guide the applicant's own conduct; and
(2) exempt any individual or association required to disclose information under sections 383B.046 to 383B.05 from any requirement of those sections in the same manner as it exempts any individual or association from disclosure requirements under chapter 10A. An individual or association exempted from the disclosure provisions of chapter 10A, shall also be exempt from the disclosure provisions of sections 383B.046 to 383B.05.
Subd. 2.
Filing officer: develop, distribute needed forms.
The county filing officer of Hennepin County shall develop forms for all statements and reports required to be filed under sections 383B.041 to 383B.054. The filing officer shall furnish sufficient copies of the forms to all officers with whom candidates file affidavits or applications of candidacy and nominating petitions.
Subd. 3.
Candidacy filing officer: forms to candidates; penalty.
An officer who receives affidavits or applications of candidacy or nominating petitions shall mail or deliver a copy of each form required to be filed by a candidate to each candidate who files an affidavit, application or petition with that officer or for whom a write-in vote is cast on the ballot of that jurisdiction. Any officer who fails to carry out the duties imposed by this subdivision is guilty of a misdemeanor.
383B.056 PENALTIES.
Except as expressly provided to the contrary in sections 383B.041 to 383B.055, a violation of sections 383B.041 to 383B.055 is not a crime.
383B.057 PROSECUTION OF VIOLATIONS.
Except as otherwise provided in this section, a violation of a criminal provision of sections 383B.041 to 383B.056 shall be prosecuted by the Hennepin County attorney in the Fourth Judicial District Court. A violation by a county official or candidate shall be prosecuted by the attorney general in the district court of Ramsey County.