HF 3967

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 02:11pm

A bill for an act
relating to elections; allowing voters to vote for "none of the above" in elections
for governor, lieutenant governor, and legislative offices; making conforming
changes; amending Minnesota Statutes 2022, sections 204B.36, by adding a
subdivision; 204C.21, subdivision 1; 204C.33, subdivision 1; 204C.40, subdivision
1; 351.02; Minnesota Statutes 2023 Supplement, sections 204C.24, subdivision
1; 204C.33, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 204B.36, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Legislative offices. new text end

new text begin At a general or special election, "none of the above" must
be printed below the write-in line for the offices of governor and lieutenant governor and
for each legislative office. The option to select "none of the above" must not appear on a
primary ballot for a legislative office.
new text end

Sec. 2.

Minnesota Statutes 2022, section 204C.21, subdivision 1, is amended to read:

Subdivision 1.

Method.

The election judges shall take all the ballots of the same kind
and count the votes cast for each office or question, beginning with the first office or question
on the ballot. They shall make one pile of the ballots for each candidate who received votes
for that office new text begin and one pile for "none of the above," where applicable new text end , or one pile for the
"Yes" votes and one pile for the "No" votes on a question. They shall make a pile of totally
defective ballots and a pile of totally blank ballots. They shall make a pile of ballots that
are not totally defective but are defective with respect to the office or question being counted
and a pile of ballots that are not totally blank but are blank with respect to the office or
question being counted. After the separation into piles, the election judges shall examine
each pile and remove and place in the proper pile any ballots that are found in the wrong
pile. The election judges shall count the totally blank and totally defective ballots and set
them aside until the counting is over for that ballot. In conducting the count of blank ballots,
election judges may presume that the total count provided for sealed prepackaged ballots
is correct. The election judges may pile ballots crosswise in groups of 25 in the same pile
to facilitate counting. When their counts agree, the election judges shall announce the number
of ballots in each pile, and shall write the number in the proper place on the summary
statements.

The election judges shall then return all the counted ballots, and all the partially defective
or partially blank ballots, to the original pile to be separated and counted in the same manner
for the next office or question.

Sec. 3.

Minnesota Statutes 2023 Supplement, 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, new text begin the number of votes for "none of the above," new text end 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 voted ballots indicating only a voter's choices as provided by section
206.80, paragraph (b), clause (2), item (ii);

(5) 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;

(6) the number of voters registering on election day in that precinct;

(7) 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;

(8) the number of election judges that worked in that precinct on election day; and

(9) the number of voting booths used in that precinct on election day.

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

Sec. 4.

Minnesota Statutes 2022, section 204C.33, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

new text begin (a) new text end 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:

deleted text begin (a) deleted text end new text begin (1) new text end the number of individuals voting at the election in the county and in each precinct;

deleted text begin (b) deleted text end new text begin (2) new text end the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

deleted text begin (c) deleted text end new text begin (3) new text end the names of the candidates for each office and the number of votes received by
each candidate in the county and in each precinct;

deleted text begin (d) deleted text end new text begin (4) the number of votes for "none of the above" for each legislative office;
new text end

new text begin (5) the number of votes for governor and lieutenant governor;
new text end

new text begin (6) new text end the number of votes counted for and against a proposed change of county lines or
county seat; and

deleted text begin (e) deleted text end new text begin (7) new text end the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.

new text begin (b) 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.

new text begin (c) new text end 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. new text begin In the case of the offices of governor and lieutenant
governor or a legislative office, if the majority of voters voted for "none of the above," the
county canvassing board must not declare a candidate as elected to that office. new text end 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. 5.

Minnesota Statutes 2023 Supplement, section 204C.33, subdivision 3, is amended
to read:

Subd. 3.

State canvass.

new text begin (a) new text end 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 begin and
deleted text end

(3) new text begin the number of votes for "none of the above" for legislative offices, including the
office for which the vote was received and specifying the counties in which they were cast;
new text end

new text begin (4) the number of votes for "none of the above" for the offices of governor and lieutenant
governor; and
new text end

new text begin (5) new text end the number of votes counted for and against each constitutional amendment, specifying
the counties in which they were cast.

new text begin (b) new text end All members of the State Canvassing Board shall sign the report and certify its
correctness. Within three days after completing the canvass, the State Canvassing Board
shall declare the result and declare the candidates duly elected who received the highest
number of votes for each federal office and for each state office voted on in more than one
county. new text begin In the case of the offices of governor and lieutenant governor or a legislative office,
if the majority of voters voted for "none of the above," the State Canvassing Board must
not declare a candidate as elected to that office.
new text end

Sec. 6.

Minnesota Statutes 2022, section 204C.40, subdivision 1, is amended to read:

Subdivision 1.

Preparation; method of delivery.

new text begin (a) new text end The county auditor shall prepare
an election certificate for every county candidate declared elected by the county canvassing
board, and the secretary of state shall prepare a certificate for every state and federal candidate
declared elected by either a county canvassing board or the State Canvassing Board. Except
as otherwise provided in this section, the secretary of state or county auditor, as appropriate,
shall deliver an election certificate on demand to the elected candidate. In an election for
United States representative, the secretary of state shall deliver the original election certificate
to the chief clerk of the United States House of Representatives. In an election for United
States senator, the governor shall prepare an original certificate of election, countersigned
by the secretary of state, and deliver it to the secretary of the United States Senate. In an
election for state representative or state senator, the secretary of state shall deliver the original
election certificate to the chief clerk of the house or the secretary of the senate. The chief
clerk of the house or the secretary of the senate shall give a copy of the certificate to the
representative-elect or senator-elect. Upon taking the oath of office, the representative or
senator shall receive the original certificate of election. If a recount is undertaken by a
canvassing board pursuant to section 204C.35, no certificate of election shall be prepared
or delivered until after the recount is completed. In case of a contest, the court may invalidate
and revoke the certificate as provided in chapter 209.

new text begin (b) If the county canvassing board or State Canvassing Board does not declare a winner
for a legislative office as provided in section 204C.33, subdivision 1, paragraph (c), or 3,
paragraph (b), the canvassing board must not prepare or deliver a certificate for any candidate
for that office.
new text end

Sec. 7.

Minnesota Statutes 2022, section 351.02, is amended to read:

351.02 VACANCIES.

new text begin Subdivision 1. new text end

new text begin Vacancies. new text end

Every office shall become vacant on the happening of either
of the following events, before the expiration of the term of such office:

(1) the death of the incumbent;

(2) the incumbent's resignation;

(3) the incumbent's removal;

(4) the incumbent's ceasing to be an inhabitant of the state, or, if the office is local, of
the district, county or city for which the incumbent was elected or appointed, or within
which the duties of the office are required to be discharged;

(5) the incumbent's conviction of any infamous crime, or of any offense involving a
violation of the official oath;

(6) the incumbent's refusal or neglect to take the oath of office, or to give or renew the
official bond, or to deposit or file such oath or bond within the time prescribed;

(7) the decision of a competent tribunal declaring the incumbent's election or appointment
void;

(8) the death of the person elected or appointed to fill a vacancy, or for a full term, before
the person qualifies, or before the time when by law the person should enter upon the duties
of the office, in which case the vacancy shall be deemed to take place at the time when the
term of office would have begun had the person lived.

new text begin Subd. 2. new text end

new text begin Vacancy does not occur. new text end

new text begin When a county canvassing board or State Canvassing
Board does not declare a winner for a legislative office as provided in section 204C.33,
subdivision 1, paragraph (c), or 3, paragraph (b), the legislative seat is not a vacant seat and
must not be filled as provided in chapter 204D or any other law.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective June 1, 2024, and applies to elections on or after that date.
new text end