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HF 2567

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/26/2021 12:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; providing for ranked-choice voting in elections for federal
and state offices; authorizing jurisdictions to adopt ranked-choice voting for local
offices; establishing procedures for adoption, implementation, and use of
ranked-choice voting; allowing municipalities to use electronic voting systems
with a reallocation feature; authorizing rulemaking; amending Minnesota Statutes
2020, sections 204B.27, by adding a subdivision; 204B.34, subdivision 1; 204B.35,
subdivision 1; 204C.19, by adding a subdivision; 204C.21, by adding a subdivision;
204C.24, subdivision 1; 204C.32, subdivision 1; 204C.33, subdivisions 1, 3;
204D.08, subdivisions 4, 5; 204D.10, subdivisions 1, 3; 204D.11, subdivision 1;
205.13, subdivision 2; 206.58, subdivision 1; 206.83; 206.89, subdivisions 2, 3;
207A.12; 208.05; proposing coding for new law in Minnesota Statutes, chapter
206; proposing coding for new law as Minnesota Statutes, chapter 204E.

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

ARTICLE 1

RANKED CHOICE VOTING IMPLEMENTATION

Section 1.

new text begin [204E.01] APPLICABILITY.
new text end

new text begin This chapter applies to all elections expressly required or 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. 2.

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 Cast vote record. new text end

new text begin "Cast vote record" means the tabulatable record of all votes
produced by a single voter in one voting session.
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 Local election official. new text end

new text begin "Local election official" means the county auditor or
municipal clerk responsible for duties related to election administration in the applicable
jurisdiction.
new text end

new text begin Subd. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 3.

new text begin [204E.03] STATEWIDE IMPLEMENTATION OF RANKED-CHOICE
VOTING; AUTHORIZATION FOR LOCAL ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Application to federal and state offices. new text end

new text begin The ranked-choice voting
procedure established in this chapter must be the method used to nominate and elect
candidates for federal offices, state constitutional offices, and the legislature at every regular
or special primary or general election conducted in the state. To the extent a conflict exists
between this chapter and another provision of the Minnesota Election Law pertaining to the
process of casting or counting votes at an election at which ranked-choice voting is used,
this chapter prevails.
new text end

new text begin Subd. 2. new text end

new text begin Local authorization. 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 must 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 local election official must 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. 4.

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 local election official must establish administrative
rules for ballot format after a voting mechanism has been selected, consistent with this
section.
new text end

Sec. 5.

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 local election official must designate
one location to serve as the ranked-choice voting tabulation center. If the tabulation includes
a manual count of physical ballots, 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 must 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 must 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 In the event the tabulation of the ballots is conducted
manually, at any time following receipt of materials under subdivision 1, the local 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 local 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 local 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. 6.

new text begin [204E.06] TABULATION OF VOTES.
new text end

new text begin (a) Tabulation of votes 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 local 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. 7.

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 local election official must provide 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 if applicable,
and defeated candidate transfers; and exhausted ballots at each round.
new text end

new text begin (c) In jurisdictions where ballots are scanned and recorded electronically, the local
election official must provide an electronically available spreadsheet of the cast vote record.
new text end

new text begin (d) 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. 8.

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.35 or 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.35 or 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.35, subdivision 2, or 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. 9.

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

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2020, section 204B.27, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Ranked-choice voting training and outreach. new text end

new text begin Prior to each state primary
and state general election, the secretary of state must conduct outreach and educational
activities to provide voters with impartial information on the process for properly completing
a ranked-choice voting ballot.
new text end

Sec. 2.

Minnesota Statutes 2020, section 204B.34, subdivision 1, is amended to read:


Subdivision 1.

State elections.

At least 15 days before any state primary or state general
election the municipal clerk shall post in the clerk's office a notice stating the offices for
which candidates must be nominated or elected, the location of each polling place in the
municipality, deleted text beginanddeleted text end the hours for votingnew text begin, and that the election will be conducted using the
ranked-choice voting method
new text end. An optional provision of the notice may include municipal
offices for which candidates must be nominated or elected. The county auditor shall post a
similar notice in the auditor's office including information concerning any polling places
in unorganized territory in the county. The governing body of a municipality or county may
publish this notice in addition to posting it. Failure to give the notice required in this section
shall not invalidate a state primary or state general election.

Sec. 3.

Minnesota Statutes 2020, section 204B.35, subdivision 1, is amended to read:


Subdivision 1.

Application.

All ballots for every election shall be prepared in accordance
with sections 204B.35 to 204B.44 and deleted text beginchapterdeleted text endnew text begin chaptersnew text end 204Dnew text begin and 204Enew text end, except for voting
machine ballots or as otherwise provided by law.

Sec. 4.

Minnesota Statutes 2020, section 204C.19, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Ranked-choice voting election. new text end

new text begin Notwithstanding the requirements of this
section, the votes cast in a ranked-choice voting election must be counted according to the
procedures established in chapter 204E.
new text end

Sec. 5.

Minnesota Statutes 2020, section 204C.21, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Ranked-choice voting election. new text end

new text begin Notwithstanding the requirements of this
section, the votes cast in a ranked-choice voting election must be counted according to the
procedures established in chapter 204E.
new text end

Sec. 6.

Minnesota Statutes 2020, section 204C.24, subdivision 1, is amended to read:


Subdivision 1.

Information requirements.

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

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

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

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

(4) the number of 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
;

(5) the number of voters registering on election day in that precinct; deleted text beginand
deleted text end

(6) 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 questiondeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) in the case of a ranked-choice voting election, any additional information required
by section 204E.07.
new text end

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

Sec. 7.

Minnesota Statutes 2020, section 204C.32, subdivision 1, is amended to read:


Subdivision 1.

County canvass.

The county canvassing board shall meet at the county
auditor's office on either the second or third day following the state primary. After taking
the oath of office, the canvassing board shall publicly canvass the election returns delivered
to the county auditor. The board shall complete the canvass by the third day following the
state primary and shall promptly prepare and file with the county auditor a report that states:

(a) the number of individuals voting at the election in the county, and in each precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) for each major political party, the names of the candidates running for each partisan
office and the number of votes received by each candidate in the county and in each precinct;

(d) the names of the candidates of each major political party who are nominated; deleted text beginand
deleted text end

(e) the number of votes received by each of the candidates for nonpartisan office in each
precinct in the county and the names of the candidates nominated for nonpartisan officedeleted text begin.deleted text endnew text begin;
and
new text end

new text begin (f) in the case of ranked-choice voting election, any additional information required by
chapter 204E.
new text end

Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report for
state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.

Sec. 8.

Minnesota Statutes 2020, section 204C.33, subdivision 1, is amended to read:


Subdivision 1.

County canvass.

The county canvassing board shall meet at the county
auditor's office between the third and tenth days following the state general election. After
taking the oath of office, the board shall promptly and publicly canvass the general election
returns delivered to the county auditor. Upon completion of the canvass, the board shall
promptly prepare and file with the county auditor a report which states:

(a) the number of individuals voting at the election in the county and in each precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) the names of the candidates for each office and the number of votes received by each
candidate in the county and in each precinct;

(d) the number of votes counted for and against a proposed change of county lines or
county seat; deleted text beginand
deleted text end

(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinctdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (f) in the case of ranked-choice voting election, any additional information required by
chapter 204E.
new text end

The result of write-in votes cast on the general election ballots must be compiled by the
county auditor before the county canvass, except that write-in votes for a candidate for
federal, state, or county office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this duty or the
county auditor may appoint additional election judges for this purpose. The county auditor
may open the envelopes or containers in which the voted ballots have been sealed in order
to count and record the write-in votes and must reseal the voted ballots at the conclusion of
this process. The county auditor must prepare a separate report of votes received by precinct
for write-in candidates for federal, state, and county offices who have requested under
section 204B.09 that votes for those candidates be tallied.

Upon completion of the canvass, the county canvassing board shall declare the candidate
duly elected who received the highest number of votes for each county and state office voted
for only within the county. The county auditor shall transmit a certified copy of the county
canvassing board report for state and federal offices to the secretary of state by messenger,
express mail, or similar service immediately upon conclusion of the county canvass.

Sec. 9.

Minnesota Statutes 2020, section 204C.33, subdivision 3, is amended to read:


Subd. 3.

State canvass.

The State Canvassing Board shall meet at a public meeting
space located in the Capitol complex area on the third Tuesday following the state general
election to canvass the certified copies of the county canvassing board reports received from
the county auditors and shall prepare a report that states:

(1) the number of individuals voting in the state and in each county;

(2) the number of votes received by each of the candidates, specifying the counties in
which they were cast; deleted text beginand
deleted text end

(3) the number of votes counted for and against each constitutional amendment, specifying
the counties in which they were castdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) any additional information required by chapter 204E.
new text end

All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.

Sec. 10.

Minnesota Statutes 2020, section 204D.08, subdivision 4, is amended to read:


Subd. 4.

State partisan primary ballot; party columns.

The state partisan primary
ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be
printed on white paper. deleted text beginThere must be at least three vertical columns on the ballot and each
major political party shall have a separate column headed by the words ".......... Party,"
giving the party name.
deleted text endnew text begin The ballot must be formatted for a ranked-choice voting election
according to rule established by the secretary of state, provided that the ballot format must
clearly distinguish between each major political party by listing the party name.
new text end Above the
party names, the following statement shall be printed.

"Minnesota Election Law permits you to vote for the candidates of only one political
party in a state partisan primary election."

deleted text begin If there are only two major political parties to be listed on the ballot, one party must
occupy the left-hand column, the other party must occupy the right-hand column, and the
center column
deleted text endnew text begin The ballotnew text end must contain the following statement:

"Do not vote for candidates of more than one party."

The names of the candidates seeking the nomination of each major political party shall
be listed deleted text beginin that party's columndeleted text endnew text begin under that party's namenew text end. If only one individual files an
affidavit of candidacy seeking the nomination of a major political party for an office, the
name of that individual shall be placed on the state partisan primary ballot at the appropriate
location deleted text beginin that party's columndeleted text endnew text begin under that party's namenew text end.

deleted text begin In each columndeleted text endnew text begin Within each partynew text end, the candidates for senator in Congress shall be listed
first, candidates for representative in Congress second, candidates for state senator third,
candidates for state representative fourth and then candidates for state office in the order
specified by the secretary of state.

The deleted text beginparty columnsdeleted text endnew text begin typeface used for each partynew text end shall be substantially the same in width,
type, and appearance. The deleted text begincolumnsdeleted text endnew text begin partiesnew text end shall be separated by a 12-point solid line.

Sec. 11.

Minnesota Statutes 2020, section 204D.08, subdivision 5, is amended to read:


Subd. 5.

Party columns; arrangement.

The names of candidates for nomination of the
major political party that received the smallest average vote at the last state general election
must be placed in the first column on the left side of the ballotnew text begin, or in the first position of the
ballot
new text end. The names of candidates for nomination of the major political party that received
the next smallest average vote at the last state general election must be placed in the second
column, new text beginor the second position on the ballot, new text endand so on. The average vote shall be computed
in the manner provided in section 204D.13, subdivision 2.

Sec. 12.

Minnesota Statutes 2020, section 204D.10, subdivision 1, is amended to read:


Subdivision 1.

Partisan offices; nominees.

The candidate for nomination of a major
political party for a partisan office on the state partisan primary ballot who receives the
highest number of votesnew text begin according to the tabulation procedure established in chapter 204Enew text end
shall be the nominee of that political party for that office.

Sec. 13.

Minnesota Statutes 2020, section 204D.10, subdivision 3, is amended to read:


Subd. 3.

Nonpartisan offices; nominees.

The candidates for each office on the state
and county nonpartisan primary ballot receiving the highest and the next highest number
of votes new text beginaccording to the tabulation procedure established in chapter 204E new text endshall be the
nominees for that office. When more than one individual is to be elected to the same
nonpartisan office, the number of nominees shall be equal to twice the number of individuals
to be elected, and that number of candidates receiving the highest number of votes shall be
the nominees for that office.

Sec. 14.

Minnesota Statutes 2020, section 204D.11, subdivision 1, is amended to read:


Subdivision 1.

State general election ballot; rules.

The names of the candidates for all
state and federal offices, all proposed constitutional amendments, all county offices and
questions, and all judicial offices voted on at the state general election shall be placed on a
single ballot that shall be known as the "state general election ballot." This ballot shall be
prepared by the county auditor subject to the new text beginrequirements of chapter 204E and the new text endrules of
the secretary of state. The secretary of state shall adopt rules for preparation and time of
delivery of the state general election ballot.

Sec. 15.

Minnesota Statutes 2020, 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 beginThe notice must indicate the method of election
to be used for the offices on the ballot.
new text endThe 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. 16.

Minnesota Statutes 2020, section 206.58, subdivision 1, is amended to read:


Subdivision 1.

Municipalities.

new text begin(a) new text endThe 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 endNo 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. 17.

new text begin [206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.
new text end

new text begin Any new voting system 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, store, and publicly report ballot data;
new text end

new text begin (2) to the extent practicable, produce a single human-readable file for each contest on
the ballot containing all cast vote records captured for that contest;
new text end

new text begin (3) keep data anonymous;
new text end

new text begin (4) accept ranked or cumulative voting data under a variety of tabulation rules;
new text end

new text begin (5) be programmable to follow all other specifications of the ranked-choice voting system
as provided in chapter 204E;
new text end

new text begin (6) provide a minimum of three rankings for ranked-choice voting elections;
new text end

new text begin (7) to the extent practicable, 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 (8) 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. 18.

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


206.83 TESTING OF VOTING SYSTEMS.

new text begin (a) new text endWithin 14 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 beginranked-choice voting if applicable, and new text endthrough 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 beginIf 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 endIf 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 endAfter the completion of the test, the programs used and ballot cards must be sealed,
retained, and disposed of as provided for paper ballots.

Sec. 19.

Minnesota Statutes 2020, 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 local election official 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. 20.

Minnesota Statutes 2020, 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 beginIn 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. The same requirement applies in jurisdictions
where ranked-choice voting is used in odd-year elections.
new text endThe 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 count
new 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. 21.

Minnesota Statutes 2020, 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, new text beginusing the ranked-choice voting method
provided in chapter 204E,
new text endin the manner provided by law for the state primary.

(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 political party ballot selected by a voter is private data on
individuals as defined under section 13.02, subdivision 12, except as provided in section
201.091, subdivision 4a.

(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.

(d) The results of the presidential nomination primary must bind the election of delegates
in each party.

Sec. 22.

Minnesota Statutes 2020, section 208.05, is amended to read:


208.05 STATE CANVASSING BOARD.

The State Canvassing Board at its meeting on the date provided in section 204C.33 shall
open and canvass the returns made to the secretary of state for presidential electors and
alternates, prepare a statement of the number of votes cast for the persons receiving votes
for these offices, and declare the person or persons receiving the highest number of votes
for each office new text beginaccording to the tabulation procedure established in chapter 204E new text endduly
elected. When it appears that more than the number of persons to be elected as presidential
electors or alternates have the highest and an equal number of votes, the secretary of state,
in the presence of the board shall decide by lot which of the persons shall be declared elected.
The governor shall transmit to each person declared elected a certificate of election, signed
by the governor, sealed with the state seal, and countersigned by the secretary of state.