SF 1515

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/26/2021 10:08am

A bill for an act
relating to elections; requiring video surveillance; requiring ballots to be kept in
locked containers; regulating absentee ballot drop boxes; requiring specific training
for absentee ballot boards; prohibiting personal items near ballots; requiring use
of ballpoint pens in marking ballots; amending Minnesota Statutes 2020, sections
203B.08, subdivisions 1, 3, by adding a subdivision; 203B.121, subdivisions 1, 2,
4, 5; 204B.18, subdivision 1; 204B.40; 204C.06, by adding a subdivision; 204C.13,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 200;
203B.

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

Section 1.

new text begin [200.40] VIDEO SURVEILLANCE.
new text end

new text begin (a) The county auditor or municipal clerk must ensure that a video surveillance system
records every area where ballots are stored, processed, counted, or otherwise handled. For
areas where absentee ballots are sorted, processed, counted, or handled, the surveillance
system must start recording on the date the first absentee ballot is mailed and continue
recording until all absentee ballots have been counted. For all other areas, the surveillance
system must start recording when a ballot is present in the area and must continue recording
until all ballots have been counted.
new text end

new text begin (b) The video captured by the surveillance system must be livestreamed in a manner
that allows members of the public to easily access and view the livestream.
new text end

new text begin (c) One or more cameras must be positioned so that all containers in which ballots are
stored are clearly seen. One or more cameras must be positioned so that each door in the
room where ballots are present is clearly seen.
new text end

new text begin (d) All video surveillance recordings must be retained as provided in section 204B.40.
new text end

Sec. 2.

new text begin [203B.037] LOCKED BALLOT CONTAINERS; REQUIREMENTS.
new text end

new text begin For purposes of this chapter, each locked ballot container must be equipped with two
locks that are opened with different keys. The container must only be able to be opened
when both locks are unlocked. Each key must be given to a member of the ballot board.
The two members of the ballot board that receive the keys must be affiliated with different
political parties.
new text end

Sec. 3.

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

Subdivision 1.

Marking and return by voter.

new text begin (a) new text end An eligible voter who receives absentee
ballots as provided in this chapter shall mark them in the manner specified in the directions
for casting the absentee ballots. new text begin The voter shall mark the ballot with a black or blue ballpoint
pen. new text end The return envelope containing marked ballots may be mailed as provided in the
directions for casting the absentee ballots deleted text begin or may deleted text end new text begin , new text end be deleted text begin left with deleted text end new text begin personally delivered to new text end the
county auditor or municipal clerk who transmitted the absentee ballots to the voter new text begin , or be
left in a drop box as provided in subdivision 1b new text end . If delivered in person, the return envelope
must be submitted to the county auditor or municipal clerk by 3:00 p.m. on election day.

new text begin (b) new text end The voter may designate an agent to deliver in person the sealed absentee ballot
return envelope to the county auditor or municipal clerk or to deposit the return envelope
in the mail. new text begin An agent must not deposit the absentee ballot return envelope of another person
in a drop box. new text end An agent may deliver or mail the return envelopes of not more than three
voters in any election. Any person designated as an agent who tampers with either the return
envelope or the voted ballots or does not immediately mail or deliver the return envelope
to the county auditor or municipal clerk is guilty of a misdemeanor.

Sec. 4.

Minnesota Statutes 2020, section 203B.08, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Drop boxes. new text end

new text begin (a) The county auditor or municipal clerk may provide drop
boxes where absentee voters may return absentee ballots. Drop boxes must be located on
property owned or leased by the county or municipality. Each drop box must be under video
surveillance as provided in section 200.40.
new text end

new text begin (b) A voter depositing the voter's absentee ballot in the drop box must deposit the voter's
ballot inside of the absentee ballot signature envelope. The voter must also be required to
fill out a drop box return form with the following information:
new text end

new text begin (1) the voter's name and address; and
new text end

new text begin (2) the voter's driver's license number, state identification card number, last four digits
of the voter's social security number, or a statement that the voter does not have any of these
numbers.
new text end

new text begin The drop box return form must also include the following statement "I am the voter who
cast this absentee ballot. I understand I cannot leave another person's absentee ballot in this
drop box." There must be a space on the drop box form for the voter to sign and acknowledge
this statement. The form must be attached to the absentee ballot signature envelope before
dropping the ballot into the drop box.
new text end

new text begin (c) The county auditor or municipal clerk must ensure that each drop box is clearly
marked as an absentee ballot drop box. The county auditor or municipal clerk must also
prominently display a sign on or near the drop box that includes instructions on how to
attach the drop box return form and an instruction that the voter must deposit the signature
envelope and not the return envelope. The sign must include the following statement: "You
must only return your own absentee ballot in this drop box. If you are returning someone
else's ballot, you must return that person's ballot in person." The sign must also include the
location and hours where an agent may return an absentee ballot.
new text end

new text begin (d) The county auditor or municipal clerk must collect all absentee ballot signature
envelopes in each drop box at least once per calendar day. The county auditor or municipal
clerk must also collect any drop box return forms that are unattached to absentee ballot
signature envelopes. Upon collecting the absentee ballot signature envelopes and forms,
the auditor or clerk must examine each signature envelope and the form attached to the
envelope to determine if the information matches. If any form is collected from the drop
box that is not attached to an absentee ballot signature envelope, the auditor or clerk must
attempt to match the form to a signature envelope. If the auditor or clerk is able to match
the form and an absentee ballot signature envelope, the auditor or clerk must attach the form
to the envelope. If a voter deposited the absentee ballot return envelope, the auditor or clerk
must remove the form, open the return envelope, and then attach the form to the signature
envelope. The county auditor must determine the totals for each of the following:
new text end

new text begin (1) the number of absentee ballot signature envelopes collected from the drop box;
new text end

new text begin (2) the number of absentee ballot signature envelopes that did not have the drop box
return form attached;
new text end

new text begin (3) the number of absentee ballot signature envelopes that had a form attached but the
information on the envelope did not match the information on the form; and
new text end

new text begin (4) the number of forms collected that the auditor or clerk was unable to match to an
absentee ballot signature envelope.
new text end

new text begin (e) After completing the requirements of paragraph (d), the auditor or clerk must remove
all of the forms from the absentee ballot signature envelopes and deposit the ballot envelopes
into the locked ballot container with other absentee ballot envelopes. The forms must be
retained as provided in section 204B.40.
new text end

new text begin (f) The county auditor or municipal clerk must maintain a log of absentee ballot signature
envelopes collected from each drop box. The log must include the totals from paragraph
(d), clauses (1) to (4), and the date and time of each ballot collection. Within 14 days after
the election, each county auditor and municipal clerk must submit the logs to the secretary
of state. Within 30 days of the election, the secretary of state must compile the totals for
each of the items in paragraph (d), clauses (1) to (4), and report the totals to the chairs and
ranking minority members of the legislative committees with jurisdiction over election
policy. The totals must be broken down with separate totals for each county.
new text end

Sec. 5.

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

Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure deleted text begin location deleted text end new text begin locked ballot container new text end with other return envelopes
received by that office. Within five days after receipt, the county auditor or municipal clerk
shall deliver to the ballot board new text begin the locked ballot container containing new text end all ballots received,
except that during the 14 days immediately preceding an election, the county auditor or
municipal clerk shall deliver all ballots received to the ballot board within three days. Ballots
received on election day either (1) after 3:00 p.m., if delivered in person; or (2) after 8:00
p.m., if delivered by mail or a package delivery service, shall be marked as received late
by the county auditor or municipal clerk, and must not be delivered to the ballot board.

Sec. 6.

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

Subdivision 1.

Establishment; applicable laws.

(a) The governing body of each county,
municipality, and school district with responsibility to accept and reject absentee ballots
must, by ordinance or resolution, establish a ballot board. The board must consist of a
sufficient number of election judges deleted text begin trained in the handling of absentee ballots and deleted text end appointed
as provided in sections 204B.19 to 204B.22. deleted text begin The board may include deputy county auditors
or deputy city clerks who have received training in the processing and counting of absentee
ballots. deleted text end new text begin Each election judge serving on a ballot board must be provided adequate training
on the processing and counting of absentee ballots, including but not limited to instruction
on accepting and rejecting absentee ballots, storage of absentee ballots, timelines and
deadlines, the role of the ballot board, procedures for opening absentee ballot envelopes,
procedures for counting absentee ballots, and procedures for reporting absentee ballot totals.
new text end

(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. 7.

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

Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot board
shall take possession of all deleted text begin return envelopes delivered to them deleted text end new text begin locked ballot containers new text end 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 new text begin open the locked ballot
container and new text end 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 application;

(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 (f) The members of the ballot board must deposit accepted and rejected ballots into
separate locked ballot containers. At the conclusion of each instance where the ballot board
reviews ballots, the containers must be locked and stored in a secure location.
new text end

new text begin (g) There must be a designated secured area where members of the ballot board and
election officials may leave personal items, including purses, bags, and containers. Members
of the ballot board and election officials must not be allowed to have personal bags or
containers in the area where the ballot board is meeting except in the designated secure area.
new text end

Sec. 8.

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

Subd. 4.

Opening of envelopes.

After the close of business on the seventh day before
the election, deleted text begin the ballots from deleted text end new text begin two members of the ballot board may open the locked ballot
containers containing the new text end return envelopes marked "Accepted new text begin . new text end " new text begin The envelopes new text end may be
opened, duplicated as needed in the manner provided in section 206.86, subdivision 5,
initialed by the members of the ballot board, and deposited in the appropriate ballot box. If
more than one voted ballot is enclosed in the ballot envelope, the ballots must be returned
in the manner provided by section 204C.25 for return of spoiled ballots, and may not be
counted.

Sec. 9.

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

Subd. 5.

Storage and counting of absentee ballots.

(a) On a day on which absentee
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 whose absentee ballots were accepted that day;
and

(3) deleted text begin seal and secure deleted text end new text begin place into locked ballot containers new text end 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
new text begin open the locked ballot containers containing voted ballots, new text end 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. 10.

Minnesota Statutes 2020, section 204B.18, subdivision 1, is amended to read:

Subdivision 1.

Booths; voting stations.

(a) Each polling place must contain a number
of voting booths or voting stations in proportion to the number of individuals eligible to
vote in the precinct. The booth or station shall permit the voter to vote privately and
independently.

(b) Each polling place must have at least one accessible voting booth or other accessible
voting station and beginning with federal and state elections held after December 31, 2005,
and county, municipal, and school district elections held after December 31, 2007, one
voting system that conforms to section 301(a)(3)(B) of the Help America Vote Act, Public
Law 107-252.

(c) Local jurisdictions must make accessible voting stations purchased with funds
provided from the Help America Vote Act account available to other local jurisdictions
holding stand-alone elections. The jurisdiction providing the equipment may require the
jurisdiction using the equipment to reimburse any direct actual costs incurred as a result of
the equipment's use and any prorated indirect costs of maintaining and storing the equipment.
A rental or other similar use fee may not be charged.

Any funds received under this paragraph for expenses incurred by that local jurisdiction
as a direct result of making the equipment available that were not paid for in whole or in
part with funds from the Help America Vote Act account are not program income under
the Help America Vote Act, Public Law 107-252.

Any funds received by a local jurisdiction making the equipment available as
reimbursement for expenses as defined as "operating costs" under Laws 2005, chapter 162,
section 34, subdivision 1, paragraph (b), and paid for in whole or in part with funds from
the Help America Vote Act account must be treated as program income and deposited into
the jurisdiction's Help America Vote Act account in the direct proportion that funds from
the Help America Vote Act account were used to pay for those "operating costs."

(d) All booths or stations must be constructed so that a voter is free from observation
while marking ballots. During the hours of voting, the booths or stations must have
instructions, a deleted text begin pencil deleted text end new text begin black or blue ballpoint pen new text end , and other supplies needed to mark the
ballots. A chair must be provided for elderly voters and voters with disabilities to use while
voting or waiting to vote. Stable flat writing surfaces must also be made available to voters
who are completing election-related forms.

(e) All ballot boxes, voting booths, voting stations, and election judges must be in open
public view in the polling place.

new text begin (f) The jurisdiction providing supplies must provide only black or blue ballpoint pens
for marking ballots. The jurisdiction providing supplies and the election judges in the precinct
must not provide or make available ballpoint pens in any color other than black or blue or
felt-tip pens or markers of any color for marking ballots.
new text end

Sec. 11.

Minnesota Statutes 2020, section 204B.40, is amended to read:

204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.

The county auditors, municipal clerks, and school district clerks shall retain all election
materials returned to them after any election for at least 22 months from the date of that
election. new text begin All records and materials must be stored in locked containers. new text end All election materials
involved in a contested election must be retained for 22 months or until the contest has been
finally determined, whichever is later. Abstracts filed by canvassing boards shall be retained
permanently by any officer with whom those abstracts are filed. Election materials no longer
required to be retained pursuant to this section shall be disposed of in accordance with
sections 138.163 to 138.21. Sealed envelopes containing voted ballots must be retained
unopened, except as provided in this section, in a secure location. The county auditor,
municipal clerk, or school district clerk shall not permit any voted ballots to be tampered
with or defaced.

After the time for filing a notice of contest for an election has passed, the secretary of
state may, for the purpose of monitoring and evaluating election procedures: (1) open the
sealed ballot envelopes and inspect the ballots for that election maintained by the county
auditors, municipal clerks, or school district clerks; (2) inspect the polling place rosters and
completed voter registration applications; or (3) examine other forms required in the
Minnesota election laws for use in the polling place. No inspected ballot or document may
be marked or identified in any manner. After inspection, all ballots must be returned to the
ballot envelope and the ballot envelope must be securely resealed. Any other election
materials inspected or examined must be secured or resealed. No polling place roster may
be inspected until the voting history for that precinct has been posted. No voter registration
application may be inspected until the information on it has been entered into the statewide
registration system.

Sec. 12.

Minnesota Statutes 2020, section 204C.06, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Personal items. new text end

new text begin There must be a designated secured area in each polling place
where election judges, election officials, and challengers may leave personal items, including
purses, bags, and containers. Election judges, election officials, challengers, or any other
persons authorized to be in the polling place must not be allowed to have personal bags or
containers in the polling place except in the designated secure area.
new text end

Sec. 13.

Minnesota Statutes 2020, section 204C.13, subdivision 3, is amended to read:

Subd. 3.

Marking ballots.

new text begin (a) new text end The voter shall mark each ballot deleted text begin in the following manner: deleted text end new text begin
as provided in this subdivision.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end The voter shall fill in the oval or similar mark if a different target shape is used,
opposite the printed name of each candidate for whom the individual desires to vote, and
in the oval or other target shape before the "Yes" or "No" if the individual desires to vote
for or against a question.

deleted text begin (b) deleted text end new text begin (c) new text end The voter may write in other names on the lines provided under the printed names
of the candidates, except that no names shall be written in on primary ballots.

new text begin (d) The voter shall mark the ballot with a black or blue ballpoint pen.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end At a state primary an individual may vote for candidates of only one major political
party on the partisan primary ballot. If a partisan primary ballot contains votes for the
candidates of more than one major political party, the ballot is totally defective and no vote
on the partisan section of the ballot shall be counted.

deleted text begin (d) deleted text end new text begin (f) new text end An individual who spoils a ballot may return it to the election judges and receive
another.