Minnesota Legislature
SF 1636
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/12/2023 08:56am
Current Version - 1st Engrossment
1.20 1.21
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25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13
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26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25
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26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20
27.21 27.22 27.23 27.24
27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29
28.30 28.31 28.32 28.33 29.1 29.2
29.3
29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21
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29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7
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32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30
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34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13
36.14 36.15
36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14
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37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24
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39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22
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43.28
A bill for an act
relating to elections; modifying provisions related to lobbying; modifying election
administration provisions; establishing a task force on ranked choice voting and
voter engagement; amending requirements related to soliciting near the polling
place; prohibiting election judge intimidation; authorizing certain local governments
to adopted ranked choice voting; authorizing rulemaking; requiring reports;
appropriating money; amending Minnesota Statutes 2022, sections 5.30, subdivision
2; 8.31, subdivision 1; 10A.01, subdivision 21, by adding a subdivision; 10A.04,
subdivisions 4, 6; 10A.05; 10A.06; 10A.071, subdivision 1; 10A.31, subdivision
4; 201.022, subdivision 1; 201.071, subdivision 1, as amended; 201.091, subdivision
4a; 201.145, subdivisions 3, 4; 203B.001; 203B.01, by adding a subdivision;
203B.03, subdivision 1; 203B.05, subdivision 1; 203B.081, subdivisions 1, 3, by
adding subdivisions; 203B.085; 203B.12, subdivision 7, by adding a subdivision;
203B.121, subdivisions 1, 2, 3, 4; 204B.09, subdivision 3; 204B.26; 204B.28,
subdivision 2; 204B.45, subdivisions 1, 2; 204B.46; 204B.49; 206.845, subdivision
1; 211A.02, subdivision 1; 211B.11, subdivision 1; 211B.32, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 203B; 211B;
repealing Minnesota Statutes 2022, section 203B.081, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ELECTIONS APPROPRIATIONS
Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
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new text begin
Ending June 30 new text end |
||||||
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new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin LEGISLATURE
|
new text begin
$ new text end |
new text begin
244,000 new text end |
new text begin
$ new text end |
new text begin
245,000 new text end |
||
new text begin
These amounts are for the Legislative
Coordinating Commission to support the
Ranked Choice Voting and Voter Engagement
Advisory Task Force established under article
2, section 50. This is a onetime appropriation.
new text end
Sec. 3. new text begin SECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
1,908,000 new text end |
new text begin
$ new text end |
new text begin
549,000 new text end |
||
new text begin
The base for this appropriation is $538,000 in
fiscal year 2026 and each fiscal year thereafter.
new text end
new text begin
$800,000 the first year is for the secretary of
state to make grants to counties and
municipalities to improve access to polling
places for individuals with disabilities and to
provide the same opportunity for access and
participation in the electoral process, including
privacy and independence, to voters with
disabilities as that which exists for voters with
no disabilities. Funds may be used to purchase
equipment or to make capital improvements
to publicly owned facilities. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
$200,000 the first year is to develop and
implement an educational campaign relating
to the restoration of the right to vote to
formerly incarcerated individuals, including
voter education materials and outreach to
affected individuals.
new text end
new text begin
$210,000 the first year is for ranked choice
voting education grants under article 2, section
49. This is a onetime appropriation and is
available until June 30, 2026. The secretary
of state may use up to $10,000 of this
appropriation for administrative costs.
new text end
Sec. 4. new text begin CAMPAIGN FINANCE AND PUBLIC
|
new text begin
$ new text end |
new text begin
1,743,000 new text end |
new text begin
$ new text end |
new text begin
1,731,000 new text end |
||
Sec. 5. new text begin CORRECTIONS
|
new text begin
$ new text end |
new text begin
165,000 new text end |
new text begin
$ new text end |
new text begin
33,000 new text end |
||
new text begin
For changes to the report required under
Minnesota Statutes, section 201.145,
subdivision 3.
new text end
Sec. 6. new text begin APPROPRIATION; SECRETARY OF STATE; HELP AMERICA VOTE
ACT STATE MATCHING FUNDS.
new text end
new text begin
$461,000 in fiscal year 2023 is transferred from the general fund to the Help America
Vote Act (HAVA) account established in Minnesota Statutes, section 5.30, and is credited
to the state match requirement of the Consolidated Appropriations Act of 2022, Public Law
117-103, and the Consolidated Appropriations Act of 2023, Public Law 117-328. This is a
onetime appropriation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7. new text begin APPROPRIATION; SECRETARY OF STATE; COURT ORDERED
ATTORNEY FEES.
new text end
new text begin
$495,000 in fiscal year 2023 is appropriated from the general fund to the secretary of
state for the payment of attorney fees and costs awarded by court order in the legislative
and congressional redistricting cases Peter Wattson, et al.; Paul Anderson, et al.; and Frank
Sachs, et al. v. Steve Simon, Secretary of State of Minnesota, Nos. A21-0243 and A21-0546,
and interest thereon. This is a onetime appropriation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8. new text begin TRANSFER; STATE ELECTIONS CAMPAIGN ACCOUNT.
new text end
new text begin
$3,689,000 in fiscal year 2025 is transferred from the general fund to the general account
of the state elections campaign account established in Minnesota Statutes, section 10A.31.
This is a onetime transfer.
new text end
Sec. 9.
Minnesota Statutes 2022, section 5.30, subdivision 2, is amended to read:
Subd. 2.
Appropriation.
deleted text begin Notwithstanding section 4.07,deleted text end Money in the Help America
Vote Act account deleted text begin may be spent only pursuant to direct appropriations enacted from time to
time by law. Money in the account must be spentdeleted text end new text begin is appropriated to the secretary of statenew text end
to improve new text begin the new text end administration of elections in accordance with the Help America Vote Act,
the state plan certified by the governor under the act, and for reporting and administrative
requirements under the act and plan. new text begin To the extent required by federal law, new text end money in the
account must be used in a manner that is consistent with the maintenance of effort
requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252,
based on the level of state expenditures for the fiscal year ending June 30, 2000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any balances in the Help America Vote Act account existing on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2022, section 10A.31, subdivision 4, is amended to read:
Subd. 4.
Appropriation.
(a) The amounts designated by individuals for the state elections
campaign account, less three percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state elections campaign account,
and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
The remaining three percent must be kept in the general fund for administrative costs.
(b) In addition to the amounts in paragraph (a), deleted text begin $1,020,000deleted text end new text begin $4,932,000new text end for each general
election is appropriated from the general fund for transfer to the general account of the state
elections campaign account.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
ARTICLE 2
ELECTIONS POLICY
Section 1.
Minnesota Statutes 2022, section 8.31, subdivision 1, is amended to read:
Subdivision 1.
Investigate offenses against provisions of certain designated sections;
assist in enforcement.
The attorney general shall investigate violationsnew text begin and assist in the
enforcementnew text end ofnew text begin the following laws as provided in this section:
new text end
new text begin (1)new text end the law of this state respecting unfair, discriminatory, and other unlawful practices
in business, commerce, or trade, and specifically, but not exclusively, the Nonprofit
Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination
and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections
325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67
and other laws against false or fraudulent advertising, the antidiscrimination acts contained
in section 325D.67, the act against monopolization of food products (section 325D.68), the
act regulating telephone advertising services (section 325E.39), the Prevention of Consumer
Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges
deleted text begin and assist in the enforcement of those laws as in this section provided.deleted text end new text begin ; and
new text end
new text begin
(2) section 211B.076, regulating intimidation and interference related to the performance
of duties by an election official.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2022, section 10A.01, subdivision 21, is amended to read:
Subd. 21.
Lobbyist.
(a) "Lobbyist" means an individual:
(1) engaged for pay or other consideration of more than $3,000 from all sources in any
year:
(i) for the purpose of attempting to influence legislative or administrative action, or the
official action of a deleted text begin metropolitan governmental unitdeleted text end new text begin political subdivisionnew text end , by communicating
or urging others to communicate with public or local officials; or
(ii) from a business whose primary source of revenue is derived from facilitating
government relations or government affairs services between two third parties; or
(2) who spends more than $250, not including the individual's own traveling expenses
and membership dues, in any year for the purpose of attempting to influence legislative or
administrative action, or the official action of a deleted text begin metropolitan governmental unitdeleted text end new text begin political
subdivisionnew text end , by communicating or urging others to communicate with public or local officials.
(b) "Lobbyist" does not include:
(1) a public official;
(2) an employee of the state, including an employee of any of the public higher education
systems;
(3) an elected local official;
(4) a nonelected local official or an employee of a political subdivision acting in an
official capacity, unless the nonelected official or employee of a political subdivision spends
more than 50 hours in any month attempting to influence legislative or administrative action,
or the official action of a deleted text begin metropolitan governmental unitdeleted text end new text begin political subdivisionnew text end other than
the political subdivision employing the official or employee, by communicating or urging
others to communicate with public or local officials, including time spent monitoring
legislative or administrative action, or the official action of a deleted text begin metropolitan governmental
unitdeleted text end new text begin political subdivisionnew text end , and related research, analysis, and compilation and dissemination
of information relating to legislative or administrative policy in this state, or to the policies
of deleted text begin metropolitan governmental unitsdeleted text end new text begin political subdivisionsnew text end ;
(5) a party or the party's representative appearing in a proceeding before a state board,
commission, or agency of the executive branch unless the board, commission, or agency is
taking administrative action;
(6) an individual while engaged in selling goods or services to be paid for by public
funds;
(7) a news medium or its employees or agents while engaged in the publishing or
broadcasting of news items, editorial comments, or paid advertisements which directly or
indirectly urge official action;
(8) a paid expert witness whose testimony is requested by the body before which the
witness is appearing, but only to the extent of preparing or delivering testimony; or
(9) a party or the party's representative appearing to present a claim to the legislature
and communicating to legislators only by the filing of a claim form and supporting documents
and by appearing at public hearings on the claim.
(c) An individual who volunteers personal time to work without pay or other consideration
on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause
(2), need not register as a lobbyist.
(d) An individual who provides administrative support to a lobbyist and whose salary
and administrative expenses attributable to lobbying activities are reported as lobbying
expenses by the lobbyist, but who does not communicate or urge others to communicate
with public or local officials, need not register as a lobbyist.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin Subd. 26b. new text end
new text begin Official action of political subdivisions. new text end
new text begin
"Official action of political
subdivisions" means any action that requires a vote or approval by one or more elected local
officials while acting in their official capacity; or an action by an appointed or employed
local official to make, to recommend, or to vote on, as a member of the governing body,
major decisions regarding the expenditure or investment of public money.
new text end
Sec. 4.
Minnesota Statutes 2022, section 10A.04, subdivision 4, is amended to read:
Subd. 4.
Content.
(a) A report under this section must include information the board
requires from the registration form and the information required by this subdivision for the
reporting period.
new text begin
(b) A lobbyist must report the specific subjects of interest for an entity represented by
the lobbyist on each report submitted under this section. A lobbyist must describe a specific
subject of interest in the report with enough information to show the particular issue of
importance to the entity represented.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end A lobbyist must report deleted text begin the lobbyist's total disbursements on lobbying, separately
listing lobbying to influence legislative action, lobbying to influence administrative action,
and lobbying to influence the official actions of a metropolitan governmental unit, and a
breakdown of disbursements for each of those kinds of lobbying into categories specified
by the board, including but not limited to the cost of publication and distribution of each
publication used in lobbying; other printing; media, including the cost of production; postage;
travel; fees, including allowances; entertainment; telephone and telegraph; and other
expenses.deleted text end new text begin every state agency that had administrative action that the represented entity sought
to influence during the reporting period. The lobbyist must report the specific subjects of
interest for each administrative action and the revisor of statutes rule draft number assigned
to the administrative rulemaking.
new text end
new text begin
(d) A lobbyist must report every political subdivision that considered official action that
the represented entity sought to influence during the reporting period. The lobbyist must
report the specific subjects of interest for each action.
new text end
new text begin
(e) A lobbyist must report general lobbying categories and up to four specific subjects
of interest related to each general lobbying category on which the lobbyist attempted to
influence legislative action during the reporting period. If the lobbyist attempted to influence
legislative action on more than four specific subjects of interest for a general lobbying
category, the lobbyist, in consultation with the represented entity, must determine which
four specific subjects of interest were the entity's highest priorities during the reporting
period and report only those four subjects.
new text end
new text begin
(f) A lobbyist must report the Public Utilities Commission project name for each rate
setting, power plant and powerline siting, or granting of certification of need before the
Public Utilities Commission that the represented entity sought to influence during the
reporting period.
new text end
deleted text begin (c)deleted text end new text begin (g)new text end A lobbyist must report the amount and nature of each gift, item, or benefit,
excluding contributions to a candidate, equal in value to $5 or more, given or paid to any
official, as defined in section 10A.071, subdivision 1, by the lobbyist or an employer or
employee of the lobbyist. The list must include the name and address of each official to
whom the gift, item, or benefit was given or paid and the date it was given or paid.
deleted text begin (d)deleted text end new text begin (h)new text end A lobbyist must report each original source of money in excess of $500 in any
year used for the purpose of lobbying to influence legislative action, administrative action,
or the official action of a deleted text begin metropolitan governmental unitdeleted text end new text begin political subdivisionnew text end . The list must
include the name, address, and employer, or, if self-employed, the occupation and principal
place of business, of each payer of money in excess of $500.
deleted text begin (e)deleted text end new text begin (i)new text end On deleted text begin thedeleted text end new text begin eachnew text end report deleted text begin due June 15deleted text end , deleted text begin thedeleted text end new text begin anew text end lobbyist must deleted text begin provide adeleted text end new text begin disclose thenew text end general
deleted text begin description of the subjectsdeleted text end new text begin lobbying categories that werenew text end lobbied new text begin on new text end in the deleted text begin previous 12
monthsdeleted text end new text begin reporting periodnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 5.
Minnesota Statutes 2022, section 10A.04, subdivision 6, is amended to read:
Subd. 6.
Principal reports.
(a) A principal must report to the board as required in this
subdivision by March 15 for the preceding calendar year.
(b) deleted text begin Except as provided in paragraph (d),deleted text end The principal must report the total amountdeleted text begin ,
rounded to the nearest $20,000,deleted text end spent by the principal during the preceding calendar year
deleted text begin to influence legislative action, administrative action, and the official action of metropolitan
governmental units.deleted text end new text begin on each type of lobbying listed below:
new text end
new text begin
(1) lobbying to influence legislative action;
new text end
new text begin
(2) lobbying to influence administrative action, other than lobbying described in clause
(3);
new text end
new text begin
(3) lobbying to influence administrative action in cases of rate setting, power plant and
powerline siting, and granting of certificates of need under section 216B.243; and
new text end
new text begin
(4) lobbying to influence official action of political subdivisions.
new text end
(c) deleted text begin Except as provided in paragraph (d),deleted text end new text begin For each type of lobbying listed in paragraph
(b),new text end the principal must report deleted text begin under this subdivisiondeleted text end a total amount that includes:
(1) new text begin the portion of new text end all direct paymentsnew text begin for compensation and benefits paidnew text end by the principal
to lobbyists in this statenew text begin for that type of lobbyingnew text end ;
(2) new text begin the portion of new text end all expenditures for advertising, mailing, research,new text begin consulting, surveys,
expert testimony, studies, reports,new text end analysis, compilation and dissemination of information,new text begin
social medianew text end and public relations campaigns deleted text begin related to legislative action, administrative
action, or the official action of metropolitan governmental unitsdeleted text end new text begin , and legal counsel used to
support that type of lobbyingnew text end in this state; and
(3) new text begin a reasonable good faith estimate of the portion of new text end all salaries and administrativenew text begin
overheadnew text end expenses attributable to activities of the principal deleted text begin relating to efforts to influence
legislative action, administrative action, or the official action of metropolitan governmental
unitsdeleted text end new text begin for that type of lobbyingnew text end in this state.
deleted text begin
(d) A principal that must report spending to influence administrative action in cases of
rate setting, power plant and powerline siting, and granting of certificates of need under
section 216B.243 must report those amounts as provided in this subdivision, except that
they must be reported separately and not included in the totals required under paragraphs
(b) and (c).
deleted text end
new text begin
(d) The principal must report disbursements made and obligations incurred that exceed
$2,000 for paid advertising used for the purpose of urging members of the public to contact
public or local officials to influence official actions during the reporting period. Paid
advertising includes the cost to boost the distribution of an advertisement on social media.
The report must provide the date that the advertising was purchased, the name and address
of the vendor, a description of the advertising purchased, and any specific subjects of interest
addressed by the advertisement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 6.
Minnesota Statutes 2022, section 10A.05, is amended to read:
10A.05 LOBBYIST REPORT.
Within 30 days after each lobbyist filing date set by section 10A.04, the executive director
of the board must publish the names of the lobbyists registered who were not previously
reported, the names of the individuals, associations, political subdivisions, or public higher
education systems whom they represent as lobbyists, the subject or subjects on which they
are lobbying, and whether in each case they lobby to influence legislative action,
administrative action, or the official action of a deleted text begin metropolitan governmental unitdeleted text end new text begin political
subdivisionnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 7.
Minnesota Statutes 2022, section 10A.06, is amended to read:
10A.06 CONTINGENT FEES PROHIBITED.
No person may act as or employ a lobbyist for compensation that is dependent upon the
result or outcome of any legislative or administrative action, or of the official action of a
deleted text begin metropolitan governmental unitdeleted text end new text begin political subdivisionnew text end . A person who violates this section is
guilty of a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 8.
Minnesota Statutes 2022, section 10A.071, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
forgiveness of indebtedness, or a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater value in return.
(c) "Official" means a public official, an employee of the legislature, or a local officialdeleted text begin
of a metropolitan governmental unitdeleted text end .
(d) "Plaque" means a decorative item with an inscription recognizing an individual for
an accomplishment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 9.
Minnesota Statutes 2022, section 201.022, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The secretary of state shall maintain a statewide voter
registration system to facilitate voter registration and to provide a central database containing
voter registration information from around the state. The system must be accessible to the
county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration applications to any county auditor,
the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database for
all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from the
Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state
identification number, and last four digits of the Social Security number for each voter
record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in the
system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary of state
to have electronic access to the statewide registration system for review and search
capabilities;
(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter should
be assigned for voting purposes;
(13) provide daily reports accessible by county auditors on the driver's license numbers,
state identification numbers, or last four digits of the Social Security numbers submitted on
voter registration applications that have been verified as accurate by the secretary of state;
deleted text begin and
deleted text end
(14) provide reports on the number of absentee ballots transmitted to and returned and
cast by voters under section 203B.16new text begin ; and
new text end
new text begin (15) provide reports necessary for early votingnew text end .
The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 10.
Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, is amended to read:
Subdivision 1.
Form.
Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's email address, if provided by the voter. The
electronic voter registration application must include the voter's email address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have deleted text begin resideddeleted text end new text begin maintained residencenew text end in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) am not currently incarcerated for a conviction of a felony offense; and
(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 11.
Minnesota Statutes 2022, section 201.091, subdivision 4a, is amended to read:
Subd. 4a.
Presidential primary political party list.
The secretary of state must maintain
a list of the voters who voted in a presidential nomination primary and the political party
each voter selected. Information maintained on the list is private data on individuals as
defined under section 13.02, subdivision 12, except that the secretary of state must provide
deleted text begin the listdeleted text end to the chair of each major political partynew text begin the list of voters who selected that partynew text end .
Sec. 12.
Minnesota Statutes 2022, section 201.145, subdivision 3, is amended to read:
Subd. 3.
Commissioner of corrections reportdeleted text begin ; state court administrator reportdeleted text end .
(a)
deleted text begin The state court administrator must report on individuals 17 years of age or older who have
been convicted of a felony.
deleted text end
deleted text begin (b)deleted text end The commissioner of corrections must report on individuals deleted text begin 17deleted text end new text begin 16new text end years of age or
older who are currentlydeleted text begin :
deleted text end
deleted text begin (1) servingdeleted text end new text begin incarcerated fornew text end felony sentences under the commissioner's jurisdictiondeleted text begin ; or
deleted text end
deleted text begin (2) on probation for felony offenses that resulted in the loss of civil rights, as indicated
by the statewide supervision system established under section 241.065deleted text end .
deleted text begin (c)deleted text end new text begin (b)new text end Each report under this subdivision must include the following information for
each individual: name, address or last known residential address that is not a correctional
facility, and date of birth. If available, each report must also include the individual's:
corrections' state identification number, last four digits of the Social Security number,
driver's license or state identification card number, deleted text begin date of sentence, effective date of the
sentence, county in which the conviction occurred, and date of dischargedeleted text end new text begin and most recent
date of incarcerationnew text end .
deleted text begin (d)deleted text end new text begin (c)new text end No later than seven calendar days after receiving a report under this subdivision,
the secretary of state must determine deleted text begin if a person identified under paragraph (a) is registered
to vote and must prepare a list of those registrants for the county auditor. No later than seven
calendar days after receiving a report under this subdivision, the secretary of state must
determinedeleted text end if any data newly indicates that a person identified under paragraph deleted text begin (b)deleted text end new text begin (a)new text end is
registered to vote and must prepare a list of those registrants for the county auditor. No later
than seven calendar days after receiving the list from the secretary of state, the county auditor
must challenge the status on the record in the statewide voter registration system of each
individual named in the list.
deleted text begin (e)deleted text end new text begin (d)new text end The county auditor must identify an individual who deleted text begin registered to vote ordeleted text end voted
while deleted text begin servingdeleted text end new text begin incarcerated fornew text end a felony sentence deleted text begin under the commissioner's jurisdiction or
while on probation for a felony offense that resulted in the loss of civil rights during a period
when the individual's civil rights were revokeddeleted text end . The county auditor must immediately send
notice to the county attorney. The notice must include the name of the individual and any
other identifying information as well as the evidence that shows the individual deleted text begin registered
to vote ordeleted text end voted during the period deleted text begin when the individual's civil rights were revokeddeleted text end new text begin of
incarcerationnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 13.
Minnesota Statutes 2022, section 201.145, subdivision 4, is amended to read:
Subd. 4.
Reports; restoration of right to vote.
(a) The state court administrator must
report on each individual whose guardianship was modified to restore the ward's right to
vote or whose guardianship was terminated by order of the court under section 524.5-317
after being ineligible to vote for any of the reasons specified in subdivision 2, paragraph
(a).
(b) deleted text begin The state court administrator must report on individuals previously convicted of a
felony whose civil rights have been restored.
deleted text end
deleted text begin (c)deleted text end The commissioner of corrections must report on individuals who were deleted text begin servingdeleted text end new text begin
incarcerated fornew text end a felony sentence under the commissioner's jurisdiction deleted text begin or who were on
probation for a felony offense under the commissioner's jurisdiction that resulted in the loss
of civil rights but who have been discharged from the sentencedeleted text end new text begin and have been released from
incarcerationnew text end .
deleted text begin (d)deleted text end new text begin (c)new text end Each report under this subdivision must include the following information for
each individual: name, address, date of birth, and, if available, the last four digits of the
Social Security number. For deleted text begin reportsdeleted text end new text begin the reportnew text end required by deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (b) deleted text begin and
(c)deleted text end , deleted text begin eachdeleted text end new text begin thenew text end report must also include the individual's, if available: corrections' state
identification number, driver's license or state identification card number, date of deleted text begin sentence,
effective date of the sentencedeleted text end new text begin incarcerationnew text end , county in which the conviction occurred, and
date of discharge.
deleted text begin (e)deleted text end new text begin (d)new text end No later than seven calendar days after receiving a report under this subdivision,
the secretary of state must determine if a person identified under paragraph (a) deleted text begin or (b)deleted text end is
registered to vote and must prepare a list of those registrants for the county auditor. No later
than seven calendar days after receiving a report under this subdivision, the secretary of
state must determine if any data newly indicates that a person identified under paragraph
deleted text begin (c)deleted text end new text begin (b)new text end is registered to vote and must prepare a list of those registrants for the county auditor.
No later than seven calendar days after receiving the list from the secretary of state, the
county auditor must remove the challenge status on the record in the statewide voter
registration system of each individual named in the list.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 14.
Minnesota Statutes 2022, section 203B.001, is amended to read:
203B.001 ELECTION LAW APPLICABILITY.
The Minnesota Election Law is applicable to voting by absentee ballotnew text begin and early votingnew text end
unless otherwise provided in this chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 15.
Minnesota Statutes 2022, section 203B.01, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Early voting. new text end
new text begin
"Early voting" means voting in person before election day as
provided in section 203B.30.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 16.
Minnesota Statutes 2022, section 203B.03, subdivision 1, is amended to read:
Subdivision 1.
Violation.
(a) No individual shall intentionally:
(1) make or sign any false certificate required by this chapter;
(2) make any false or untrue statement in any application for absentee ballots;
(3) apply for absentee ballots more than once in any election with the intent to cast an
illegal ballot;
(4) exhibit a ballot marked by that individual to any other individual;
(5) do any act in violation of the provisions of this chapter for the purpose of casting an
illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
(6) use information from absentee ballot new text begin or early voting new text end materials or records for purposes
unrelated to elections, political activities, or law enforcement;
(7) provide assistance to an absenteenew text begin or earlynew text end voter except in the manner provided by
section 204C.15, subdivision 1;
(8) solicit the vote of an absentee voter while in the immediate presence of the voter
during the time the individual knows the absentee voter is voting; or
(9) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.
(b) Before inspecting information from absentee ballot new text begin or early voting new text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 17.
Minnesota Statutes 2022, section 203B.05, subdivision 1, is amended to read:
Subdivision 1.
Generally.
The full-time clerk of any city or town shall administer the
provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 new text end if:
(1) the county auditor of that county has designated the clerk to administer them; or
(2) the clerk has given the county auditor of that county notice of intention to administer
them.
The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.
A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 new text end if the clerk has been designated
by each of the county auditors or has provided notice to each of the county auditors that the
city will administer absentee voting. A clerk may only administer the provisions of sections
203B.04 to 203B.15new text begin and 203B.30new text end if the clerk has technical capacity to access the statewide
voter registration system in the secure manner prescribed by the secretary of state. The
secretary of state must identify hardware, software, security, or other technical prerequisites
necessary to ensure the security, access controls, and performance of the statewide voter
registration system. A clerk must receive training approved by the secretary of state on the
use of the statewide voter registration system before administering this section. A clerk may
not use the statewide voter registration system until the clerk has received the required
training. The county auditor must notify the secretary of state of any municipal clerk who
will be administering the provisions of this section and the duties that the clerk will
administer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 18.
Minnesota Statutes 2022, section 203B.081, subdivision 1, is amended to read:
Subdivision 1.
Location; timingnew text begin for absentee votingnew text end .
An eligible voter may vote by
absentee ballot in the office of the county auditor and at any other polling place designated
by the county auditor during the 46 days before the election, except as provided in this
section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 19.
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Location; timing for early voting. new text end
new text begin
An eligible voter may vote using early
voting during the 18 days before a federal, state, or county election, and during the 18 days
before a municipal election if authorized under section 203B.05, in the office of the county
auditor and at any other polling place designated by the county auditor. In elections in which
early voting is provided, the alternative voting procedure authorized by subdivision 3 must
not be provided.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 20.
Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:
Subd. 3.
Alternative procedure.
(a) The county auditor may make available a ballot
counter and ballot box for use by the voters during the deleted text begin sevendeleted text end new text begin 18new text end days before the election.
If a ballot counter and ballot box is provided, a voter must be given the option either (1) to
vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the
manner provided in this subdivision.
(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's namedeleted text begin ,deleted text end new text begin andnew text end addressdeleted text begin ,deleted text end andnew text begin , upon request of the election official, the voter'snew text end
date of birth to the county auditor or municipal clerk. The voter shall sign a voter's certificate,
which must include the voter's name, identification number, and the certification required
by section 201.071, subdivision 1. The signature of an individual on the voter's certificate
and the issuance of a ballot to the individual is evidence of the intent of the individual to
vote at that election.
(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.
(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.
(e) The election duties required by this subdivision must be performed by new text begin an election
judge, new text end the county auditor, municipal clerk, or a deputy of the auditor or clerk.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 21.
Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:
Subd. 3.
Alternative procedure.
(a) new text begin In elections not eligible to use early voting under
subdivision 1a, new text end the county auditor may make available a ballot counter and ballot box for
use by the voters during the deleted text begin sevendeleted text end new text begin 18new text end days before the election. If a ballot counter and ballot
box is provided, a voter must be given the option either (1) to vote using the process provided
in section 203B.08, subdivision 1, or (2) to vote in the manner provided in this subdivision.
(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's namedeleted text begin ,deleted text end new text begin andnew text end addressdeleted text begin ,deleted text end andnew text begin , upon the request of the election official, the voter'snew text end
date of birth to the county auditor or municipal clerk. The voter shall sign a voter's certificate,
which must include the voter's name, identification number, and the certification required
by section 201.071, subdivision 1. The signature of an individual on the voter's certificate
and the issuance of a ballot to the individual is evidence of the intent of the individual to
vote at that election.
(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.
(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.
(e) The election duties required by this subdivision must be performed by new text begin an election
judge,new text end the county auditor, municipal clerk, or a deputy of the auditor or clerk.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 22.
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Temporary locations. new text end
new text begin
A county auditor or municipal clerk authorized under
section 203B.05 to administer voting before election day may designate additional polling
places with days and hours that differ from those required by section 203B.085.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 23.
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Town elections. new text end
new text begin
Voters casting absentee ballots in person for a town election
held in March may do so during the 30 days before the election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 24.
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Designation of locations. new text end
new text begin
The county auditor must make polling place
designations at least 14 weeks before the election and must provide the notice to the secretary
of state at the time the designations are made.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 25.
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Notice to voters. new text end
new text begin
The county auditor must prepare a notice to the voters of the
days, times, and locations for voting before election day as authorized by this section. This
notice must be posted on the secretary of state's website, the county's website, and the
website for each municipality in which a voting location under this section is located at
least 14 days before the first day of the absentee voting period. If a county or municipality
does not have a website, the county auditor or municipal clerk must publish the notice at
least once in the jurisdiction's official newspaper at least seven days and not more than 14
days before the first day of the absentee voting period.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 26.
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Equipment. new text end
new text begin
The county auditor must provide each polling place with at least
one voting booth; a ballot box; an electronic ballot counter, unless it has not adopted use
of one; and at least one electronic ballot marker for individuals with disabilities pursuant
to section 206.57, subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 27.
Minnesota Statutes 2022, section 203B.085, is amended to read:
203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
new text begin Subdivision 1. new text end
new text begin State general elections. new text end
new text begin
Prior to a state general election, the county
auditor's office in each county and the clerk's office in each city or town authorized under
section 203B.05 to administer voting before election day must be open:
new text end
new text begin
(1) until 7:00 p.m. on the Tuesday before the election;
new text end
new text begin
(2) from 9:00 a.m. to 3:00 p.m. on the two Saturdays before the election;
new text end
new text begin
(3) from 9:00 a.m. to 3:00 p.m. on the Sunday immediately before the election; and
new text end
new text begin
(4) until 5:00 p.m. on the day before the election.
new text end
new text begin
A polling place designated under section 203B.081, subdivision 4, may be open alternate
days and hours.
new text end
new text begin Subd. 2. new text end
new text begin Other elections. new text end
new text begin In elections other than the state general election, new text end the county
auditor's office in each county and the clerk's office in each city or town authorized under
section 203B.05 to administer deleted text begin absentee ballotingdeleted text end new text begin voting before election daynew text end must be open
for deleted text begin acceptance of absentee ballot applications and casting of absentee ballotsdeleted text end new text begin voting as
authorized under section 203B.081new text end from deleted text begin 10:00deleted text end new text begin 9:00new text end a.m. to 3:00 p.m. on Saturday and until
5:00 p.m. on the day immediately preceding a primary, special, or general election unless
that day falls on a Saturday or Sunday. Town clerks' officesnew text begin , and county auditors' offices if
the county auditor has agreed to perform those duties on behalf of the township,new text end must be
open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town
general election held in March. The school district clerk, when performing the county
auditor's election duties, need not comply with this section.
new text begin Subd. 3. new text end
new text begin Voters in line. new text end
new text begin
All voters in line at a time when a polling place is scheduled to
close must be allowed to vote in the same manner as provided in section 204C.05, subdivision
2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 28.
Minnesota Statutes 2022, section 203B.12, subdivision 7, is amended to read:
Subd. 7.
Names of persons; rejected absentee ballots.
deleted text begin (a)deleted text end The names of voters who
have submitted an absentee ballot to the county auditor or municipal clerk that has not been
accepted deleted text begin may not be made available for public inspection until the close of voting on election
day.
deleted text end
deleted text begin (b) After the close of voting on election day, the listsdeleted text end must be available to the public in
the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2024.
new text end
Sec. 29.
Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Names of persons; early voting. new text end
new text begin
The secretary of state must maintain a list of
voters who cast a ballot using the early voting procedures established in section 203B.30
for all elections at which those procedures are used. The list must be available to the public
in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 30.
Minnesota Statutes 2022, section 203B.121, subdivision 1, is amended to read:
Subdivision 1.
Establishment; applicable laws.
(a) The governing body of each county,
municipality, and school district with responsibility to accept and reject absentee ballots new text begin or
to administer early voting new text end must, by ordinance or resolution, establish a ballot board. The
board must consist of a sufficient number of election judges appointed as provided in sections
204B.19 to 204B.22. The board may include deputy county auditors or deputy city clerks
who have received training in the processing and counting of absentee ballots. Each member
of the 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.
(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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 31.
Minnesota Statutes 2022, 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 signature envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each signature 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 signature envelope "Accepted" and
initial or sign the signature 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 signature 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 signature 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 deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, deleted text begin by absentee ballotdeleted text end new text begin as provided
by section 203B.081new text end .
The signature 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 signature envelope
find that an absentee voter has failed to meet one of the requirements provided in paragraph
(b), they shall mark the signature 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 secrecy 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 signature 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 email 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 signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 32.
Minnesota Statutes 2022, section 203B.121, subdivision 3, is amended to read:
Subd. 3.
Record of voting.
(a) When applicable, the county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been accepted. After the close
of business on the deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, a voter whose record indicates that
an absentee ballot has been accepted must not be permitted to cast another ballot at that
election. In a state primary, general, or state special election for federal deleted text begin ordeleted text end new text begin ,new text end statenew text begin , or countynew text end
office, the auditor or clerk must also record this information in the statewide voter registration
system.
(b) The roster must be marked, and a supplemental report of absentee voters who
submitted a voter registration application with their ballot must be created, no later than the
start of voting on election day to indicate the voters that have already cast a ballot at the
election. The roster may be marked either:
(1) by the county auditor or municipal clerk before election day;
(2) by the ballot board before election day; or
(3) by the election judges at the polling place on election day.
deleted text begin
The record of a voter whose absentee ballot was received after the close of business on
the seventh day before the election is not required to be marked on the roster or contained
in a supplemental report as required by this paragraph.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
The amendment to paragraph (a) is effective June 1, 2023. The
amendment to paragraph (b) is effective the day following final enactment.
new text end
Sec. 33.
Minnesota Statutes 2022, section 203B.121, subdivision 3, is amended to read:
Subd. 3.
Record of voting.
(a) When applicable, the county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been acceptednew text begin or that the voter
has cast a ballot pursuant to the early voting procedures provided in this chapternew text end . After the
close of business on the deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, a voter whose record indicates
that an absentee ballot has been acceptednew text begin or that the voter has cast an early ballotnew text end must not
be permitted to cast another ballot at that election. In a state primary, general, or state special
election for federal deleted text begin ordeleted text end new text begin ,new text end statenew text begin , or countynew text end office, the auditor or clerk must also record this
information in the statewide voter registration system.
(b) The roster must be marked, and a supplemental report of absentee new text begin and early new text end voters
who submitted a voter registration application with their ballot must be created, no later
than the start of voting on election day to indicate the voters that have already cast a ballot
at the election. The roster may be marked either:
(1) by the county auditor or municipal clerk before election day;
(2) by the ballot board before election day; or
(3) by the election judges at the polling place on election day.
deleted text begin
The record of a voter whose absentee ballot was received after the close of business on
the seventh day before the election is not required to be marked on the roster or contained
in a supplemental report as required by this paragraph.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 34.
Minnesota Statutes 2022, section 203B.121, subdivision 4, is amended to read:
Subd. 4.
Opening of envelopes.
After the close of business on the deleted text begin seventhdeleted text end new text begin 19thnew text end day
before the election, the ballots from secrecy envelopes within the signature envelopes marked
"Accepted" 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 35.
new text begin
[203B.30] PROCEDURES FOR EARLY VOTING.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "early voting official" means
the county auditor, city clerk, a deputy of the auditor or clerk, or an election judge.
new text end
new text begin Subd. 2. new text end
new text begin Voting procedure. new text end
new text begin
(a) When a voter appears in an early voting polling place,
the voter must state the voter's name, address, and, if requested, the voter's date of birth to
the early voting official. The early voting official must confirm that the voter's registration
is current in the statewide voter registration system and that the voter has not already cast
a ballot in the election. If the voter's status is challenged, the voter may resolve the challenge
as provided in section 204C.12. An individual who is not registered to vote or whose name
or address has changed must register in the manner provided in section 201.061, subdivision
3. A voter who has already cast a ballot in the election must not be provided with a ballot.
new text end
new text begin
(b) Each voter must sign the certification provided in section 204C.10. The signature of
an individual on the voter's certificate and the issuance of a ballot to the individual is evidence
of the intent of the individual to vote at that election. After the voter signs the certification,
two early voting officials must initial the ballot and issue it to the voter. The voter must
immediately retire to a voting station or other designated location in the polling place to
mark the ballot. The voter must not take a ballot from the polling place. If the voter spoils
the ballot, the voter may return it to the early voting official in exchange for a new ballot.
After completing the ballot, the voter must deposit the ballot into the ballot counter and
ballot box. The early voting official must immediately record that the voter has voted in the
manner provided in section 203B.121, subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Processing of ballots. new text end
new text begin
Early voting officials must remove and secure ballots
cast during the early voting period following the procedures in section 203B.121, subdivision
5, paragraph (a). The absentee ballot board must count the ballots after the polls have closed
on election day following the procedures in section 203B.121, subdivision 5, paragraph (b).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 36.
Minnesota Statutes 2022, section 204B.09, subdivision 3, is amended to read:
Subd. 3.
Write-in candidates.
(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request. The filing officer shall not accept a written request later than
5:00 p.m. on the last day for filing a written request.
new text begin
(b) The governing body of a statutory or home rule charter city may adopt a resolution
governing the counting of write-in votes for local elective office. The resolution may:
new text end
new text begin
(1) require the candidate to file a written request with the chief election official at least
19 days before the city election if the candidate wants to have the candidate's write-in votes
individually recorded; or
new text end
new text begin
(2) require that write-in votes for an individual candidate only be individually recorded
if the total number of write-in votes for that office is equal to or greater than the fewest
number of non-write-in votes for a ballot candidate.
new text end
new text begin
If the governing body of the statutory or home rule charter city adopts a resolution authorized
by this paragraph, the resolution must be adopted before the first day of filing for office. A
resolution adopted under this paragraph remains in effect until a subsequent resolution on
the same subject is adopted by the governing body of the statutory or home rule charter
city.
new text end
new text begin
(c) The governing body of a township, school board, hospital district, park district, soil
and water district, or other ancillary elected district may adopt a resolution governing the
counting of write-in votes for local elective office. The resolution may require that write-in
votes for an individual candidate only be individually recorded if the total number of write-in
votes for that office is equal to or greater than the fewest number of non-write-in votes for
a ballot candidate.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end A candidate for president of the United States who files a request under this
subdivision must deleted text begin file jointly with another individual seeking nomination as a candidate for
vice president of the United States. A candidate for vice president of the United States who
files a request under this subdivision must file jointly with another individual seeking
nomination asdeleted text end new text begin include the name of new text end a candidate for new text begin vice new text end president of the United States. The
request must also include the name of at least one candidate for presidential elector. The
total number of names of candidates for presidential elector on the request may not exceed
the total number of electoral votes to be cast by Minnesota in the presidential election.
deleted text begin (c)deleted text end new text begin (e)new text end A candidate for governor who files a request under this subdivision must file
jointly with another individual seeking nomination as a candidate for lieutenant governor.
A candidate for lieutenant governor who files a request under this subdivision must file
jointly with another individual seeking nomination as a candidate for governor.
Sec. 37.
Minnesota Statutes 2022, section 204B.26, is amended to read:
204B.26 ELECTION JUDGES; VIOLATIONS; PENALTIES.
new text begin A county auditor or municipal clerk may remove any precinct election official at any
time if the official engages in a neglect of duty, malfeasance, misconduct in office, or for
other cause. new text end Any individual who serves as an election judge in violation of any of the
provisions of sections 204B.19 to 204B.25, is guilty of a misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 38.
Minnesota Statutes 2022, section 204B.28, subdivision 2, is amended to read:
Subd. 2.
Election supplies; duties of county auditors and clerks.
new text begin (a) new text end Except as
otherwise provided for absentee ballotsnew text begin in this section andnew text end in section 204B.35, subdivision
4, the county auditor shall complete the preparation of the election materials for which the
auditor is responsible at least four days before every state primary and state general election.
At any time after all election materials are available from the county auditor but not later
than four days before the election each municipal clerk shall secure from the county auditor:
deleted text begin (a)deleted text end new text begin (1)new text end the forms that are required for the conduct of the election;
deleted text begin (b)deleted text end new text begin (2)new text end any printed voter instruction materials furnished by the secretary of state;
deleted text begin (c)deleted text end new text begin (3)new text end any other instructions for election officers; and
deleted text begin (d)deleted text end new text begin (4)new text end a sufficient quantity of the official ballots, registration files, envelopes for ballot
returns, and other supplies and materials required for each precinct in order to comply with
the provisions of the Minnesota Election Law. The county auditor may furnish the election
supplies to the municipal clerks in the same manner as the supplies are furnished to precincts
in unorganized territory pursuant to section 204B.29, subdivision 1.
new text begin
(b) The county auditor must prepare and make available election materials for early
voting to municipal clerks designated to administer early voting under section 203B.05 on
or before the 19th day before the election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 48 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Sec. 39.
Minnesota Statutes 2022, section 204B.45, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
A town of any size deleted text begin not located in a metropolitan county
as defined by section 473.121,deleted text end or a city having fewer than 400 registered voters on June 1
of an election year deleted text begin and not located in a metropolitan county as defined by section 473.121,deleted text end
may provide balloting by mail at any municipal, county, or state election with no polling
place other than the office of the auditor or clerk or other locations designated by the auditor
or clerk. The governing body may apply to the county auditor for permission to conduct
balloting by mail. The county board may provide for balloting by mail in unorganized
territory. The governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of the county
auditor.
Voted ballots may be returned in person to any location designated by the county auditor
or municipal clerk.
Sec. 40.
Minnesota Statutes 2022, section 204B.45, subdivision 2, is amended to read:
Subd. 2.
Procedure.
Notice of the election and the special mail procedure must be given
at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before
a regularly scheduled election and not more than 30 days nor later than 14 days before any
other election, the auditor shall mail ballots by nonforwardable mail to all voters registered
in the city, town, or unorganized territory. No later than 14 days before the election, the
auditor must make a subsequent mailing of ballots to those voters who register to vote after
the initial mailing but before the 20th day before the election. Eligible voters not registered
at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot
return envelopes, with return postage provided, must be preaddressed to the auditor or clerk
and the voter may return the ballot by mail or in person to the office of the auditor or clerk.
The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot
return envelopes and mark them "accepted" or "rejected" within three days of receipt if
there are 14 or fewer days before election day, or within five days of receipt if there are
more than 14 days before election day. The board may consist of deputy county auditors or
deputy municipal clerks who have received training in the processing and counting of mail
ballots, who need not be affiliated with a major political party. Election judges performing
the duties in this section must be of different major political parties, unless they are exempt
from that requirement under section 205.075, subdivision 4, or section 205A.10. If an
envelope has been rejected at least five days before the election, the ballots in the envelope
must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot
and return envelope in place of the spoiled ballot. If the ballot is rejected within five days
of the election, the envelope must remain sealed and the official in charge of the ballot board
must attempt to contact the voter by telephone or email to notify the voter that the voter's
ballot has been rejected. The official must document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from mail or absentee ballots may be made public before the
close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter
deleted text begin residesdeleted text end new text begin maintains residencenew text end . Any ballot received by 8:00 p.m. on the day of the election
must be counted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 41.
Minnesota Statutes 2022, section 204B.46, is amended to read:
204B.46 MAIL ELECTIONS; QUESTIONS.
A county, municipality, or school district submitting questions to the voters at a special
election may conduct an election by mail with no polling place other than the office of the
auditor or clerk. No offices may be voted on at a mail electiondeleted text begin .deleted text end new text begin , except in overlapping school
and municipality jurisdictions, where a mail election may include an office when one of the
jurisdictions also has a question on the ballot.new text end Notice of the election must be given to the
county auditor at least 74 days prior to the election. This notice shall also fulfill the
requirements of Minnesota Rules, part 8210.3000. The special mail ballot procedures must
be posted at least six weeks prior to the election. Not more than 46 nor later than 14 days
prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all
voters registered in the county, municipality, or school district. No later than 14 days before
the election, the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant
to chapter 203B. The auditor or clerk must appoint a ballot board to examine the mail and
absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days
of receipt if there are 14 or fewer days before election day, or within five days of receipt if
there are more than 14 days before election day. The board may consist of deputy county
auditors, deputy municipal clerks, or deputy school district clerks who have received training
in the processing and counting of mail ballots, who need not be affiliated with a major
political party. Election judges performing the duties in this section must be of different
major political parties, unless they are exempt from that requirement under section 205.075,
subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must remain sealed and the auditor or clerk must
provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.
If the ballot is rejected within five days of the election, the envelope must remain sealed
and the official in charge of the ballot board must attempt to contact the voter by telephone
or email to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from ballots may be made public before the close of voting
on election day.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2023.
new text end
Sec. 42.
Minnesota Statutes 2022, section 204B.49, is amended to read:
204B.49 "I VOTED" STICKERS.
The secretary of state, county auditor, municipal clerk, school district clerk, or an election
judge may provide a sticker containing the words "I VOTED," and nothing more, to an
individual who:
(1) has successfully deposited a ballot into a ballot boxdeleted text begin , under section 203B.081,
subdivision 3, or 204C.13, subdivision 5deleted text end ;
(2) is provided an absentee ballot under section 203B.07, subdivision 1, or 203B.21,
subdivision 2; or
(3) is provided a ballot by mail under section 204B.45 or 204B.46.
Sec. 43.
Minnesota Statutes 2022, section 206.845, subdivision 1, is amended to read:
Subdivision 1.
Prohibited connections.
The county auditor and municipal clerk must
secure ballot recording and tabulating systems physically and electronically against
unauthorized access. Except for wired connections within the polling place, ballot recording
and tabulating systems must not be connected to or operated on, directly or indirectly, any
electronic network, including a local area network, a wide-area network, the Internet, or the
World Wide Web. Wireless communications may not be used in any way in a vote recording
or vote tabulating system. Wireless, device-to-device capability is not permitted. No
connection by modem is permitted.
Transfer of information from the ballot recording or tabulating system to another system
for network distribution or broadcast must be made by disk, tape, or other physical means
of communication, other than direct or indirect electronic connection of the vote recording
or vote tabulating system.new text begin A county auditor or municipal clerk may not create or disclose,
or permit any other person to create or disclose, an electronic image of the hard drive of
any vote recording or tabulating system or any other component of an electronic voting
system, except as authorized in writing by the secretary of state or for the purpose of
conducting official duties as expressly authorized by law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 44.
Minnesota Statutes 2022, section 211A.02, subdivision 1, is amended to read:
Subdivision 1.
When and where filed by committees.
(a) A committee or a candidate
who receives contributions or makes disbursements of more than $750 in a calendar year
shall submit an initial report to the filing officer within 14 days after the candidate or
committee receives or makes disbursements of more than $750 and shall continue to make
the reports listed in paragraph (b) until a final report is filed.
(b) The committee or candidate must file a report by January 31 of each year following
the year when the initial report was filed and in a year when the candidate's name or a ballot
question appears on the ballot, the candidate or committee shall file a report:
(1) ten days before the primary or special primarynew text begin . In a jurisdiction where the local
primary is eliminated due to the adoption of ranked choice voting, candidates running in a
ranked choice voting election must file a report in the same manner as if a primary were
being held for such officesnew text end ;
(2) ten days before the general election or special election; and
(3) 30 days after a general or special election.
Sec. 45.
new text begin
[211B.076] INTIMIDATION AND INTERFERENCE RELATED TO THE
PERFORMANCE OF DUTIES BY AN ELECTION OFFICIAL; PENALTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "election official" means a
member of a canvassing board, the county auditor or municipal clerk charged with duties
relating to elections, a member of an absentee ballot board, an election judge, an election
judge trainee, or any other individual assigned by a state entity or municipal government
to perform official duties related to elections.
new text end
new text begin Subd. 2. new text end
new text begin Intimidation. new text end
new text begin
(a) A person may not directly or indirectly use or threaten force,
coercion, violence, restraint, damage, harm, or loss, including loss of employment or
economic reprisal, against another with the intent to influence an election official in the
performance of a duty of election administration.
new text end
new text begin
(b) In a civil action brought to prevent and restrain violations of this subdivision or to
require the payment of civil penalties, the plaintiff must demonstrate that the action or
attempted action would cause a reasonable person to feel intimidated. The plaintiff does
not need to show that the defendant intended to cause the victim to feel intimidated.
new text end
new text begin Subd. 3. new text end
new text begin Interfering with or hindering the administration of an election. new text end
new text begin
A person
may not intentionally hinder, interfere with, or prevent an election official's performance
of a duty related to election administration.
new text end
new text begin Subd. 4. new text end
new text begin Dissemination of personal information about an election official. new text end
new text begin
(a) A
person may not knowingly and without consent make publicly available, including but not
limited to through the Internet, personal information about an election official or an election
official's family or household member if:
new text end
new text begin
(1) the dissemination poses an imminent and serious threat to the official's safety or the
safety of an official's family or household member; and
new text end
new text begin
(2) the person making the information publicly available knows or reasonably should
know of any imminent and serious threat.
new text end
new text begin
(b) As used in this subdivision, "personal information" means the home address of the
election official or a member of an election official's family, directions to that home, or
photographs of that home.
new text end
new text begin Subd. 5. new text end
new text begin Obstructing access. new text end
new text begin
A person may not intentionally and physically obstruct
an election official's access to or egress from a polling place, meeting of a canvassing board,
place where ballots and elections equipment are located or stored, or any other place where
the election official performs a duty related to election administration.
new text end
new text begin Subd. 6. new text end
new text begin Tampering with voting equipment. new text end
new text begin
(a) A person may not access without
authorization, tamper with, or facilitate unauthorized access to or tampering with an electronic
voting system, electromechanical voting equipment, or an election night reporting system
before, during, or after any election required by law.
new text end
new text begin
(b) A person may not knowingly publish or cause to be published passwords or other
confidential information relating to an electronic voting system. In addition to any other
remedies and penalties provided by this section, the secretary of state, county auditor, or
municipal clerk must immediately revoke any authorized access rights of a person found
to be in violation of this paragraph.
new text end
new text begin Subd. 7. new text end
new text begin Tampering with ballot box. new text end
new text begin
A person may not willfully tamper with or open
a ballot box, including a ballot drop box, except for the purpose of conducting official duties
as expressly authorized by law.
new text end
new text begin Subd. 8. new text end
new text begin
Tampering with statewide voter registration system, registration list, or
polling place roster.
new text end
new text begin
Except for the purpose of conducting official duties as expressly
authorized by law, a person may not mutilate or erase any name, figure, or word on a voter
registration list or polling place roster; remove or destroy a registration list or polling place
roster; or mutilate, erase, or remove any part of a list or roster from the place where it has
been deposited with an intention to destroy it, to procure or prevent the election of any
person, or to prevent any voter from voting.
new text end
new text begin Subd. 9. new text end
new text begin Unauthorized access to statewide voter registration system. new text end
new text begin
A person may
not knowingly access, or attempt to access, the statewide voter registration system except
for the purpose of conducting official duties as expressly authorized by law.
new text end
new text begin Subd. 10. new text end
new text begin Vicarious liability; conspiracy. new text end
new text begin
A person may be held vicariously liable for
any damages resulting from the violation of this section and may be identified in an order
restraining violations of this section if that person:
new text end
new text begin
(1) intentionally aids, advises, hires, counsels, abets, incites, compels, or coerces a person
to violate any provision of this section or attempts to aid, advise, hire, counsel, abet, incite,
compel, or coerce a person to violate any provision of this section; or
new text end
new text begin
(2) conspires, combines, agrees, or arranges with another to either commit a violation
of this section or aid, advise, hire, counsel, abet, incite, compel, or coerce a third person to
violate any provision of this section.
new text end
new text begin Subd. 11. new text end
new text begin Criminal penalties; civil remedies. new text end
new text begin
(a) Except as otherwise provided, a person
who violates this section is guilty of a gross misdemeanor.
new text end
new text begin
(b) The attorney general, a county attorney, or an election official may bring a civil
action to prevent or restrain a violation of this section.
new text end
new text begin
(c) The attorney general, or an election official injured by an act prohibited by this
section, may bring a civil action pursuant to section 8.31 to recover damages, together with
costs of investigation and reasonable attorney fees, and receive other equitable relief as
determined by the court. An action brought by an election official under section 8.31,
subdivision 3a, is in the public interest. In addition to all other damages, the court may
impose a civil penalty of up to $1,000 for each violation.
new text end
new text begin
(d) Civil remedies allowable under this section are cumulative and do not restrict any
other right or remedy otherwise available. An action for a penalty or remedy under this
section must be brought within two years of the date the violation is alleged to have occurred.
The complaint process provided in sections 211B.31 to 211B.36 does not apply to violations
of this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 15, 2023, and applies to violations
occurring on or after that date.
new text end
Sec. 46.
Minnesota Statutes 2022, section 211B.11, subdivision 1, is amended to read:
Subdivision 1.
Soliciting near polling places.
A person deleted text begin may not display campaign
material, post signs,deleted text end new text begin must not:
new text end
new text begin (1)new text end ask, solicit, or in any manner try to induce or persuade a voter new text begin to vote for or refrain
from voting for a candidate or ballot question; or
new text end
new text begin
(2) wear, exhibit, or distribute any item that displays:
new text end
new text begin
(i) the name, likeness, logo, or slogan of a candidate who appears on the ballot;
new text end
new text begin
(ii) the number, title, subject, slogan, or logo of a ballot question that appears on the
ballot; or
new text end
new text begin
(iii) the name, logo, or slogan of a political party represented by a candidate on the ballot.
new text end
new text begin
For purposes of this paragraph, "item" includes pamphlets, advertisements, flyers, signs,
banners, stickers, buttons, badges, pencils, pens, shirts, hats, or any similar item.
new text end
new text begin
(b) The prohibitions in paragraph (a) apply during voting hours:
new text end
new text begin
(1) throughout the absentee and early voting periods:
new text end
new text begin
(i) within a polling place; and
new text end
new text begin
(ii) within 100 feet of the room in which a polling place is situated, to the extent
practicable; and
new text end
new text begin
(2) on the day of a primary or general election:
new text end
new text begin (i) new text end within a polling place deleted text begin ordeleted text end new text begin ;
new text end
new text begin (ii)new text end within 100 feet of the building in which a polling place is situateddeleted text begin , ordeleted text end new text begin ; and
new text end
new text begin (iii)new text end anywhere on the public property on which a polling place is situateddeleted text begin , on primary
or election day to vote for or refrain from voting for a candidate or ballot question. A person
may not provide political badges, political buttons, or other political insignia to be worn at
or about the polling place on the day of a primary or election. A political badge, political
button, or other political insignia may not be worn at or about the polling place on primary
or election day. This section applies to areas established by the county auditor or municipal
clerk for absentee voting as provided in chapter 203Bdeleted text end .
new text begin (c) new text end Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as
provided in section 204B.49.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 15, 2023.
new text end
Sec. 47.
Minnesota Statutes 2022, section 211B.32, subdivision 1, is amended to read:
Subdivision 1.
Administrative remedy; exhaustion.
(a) Except as provided in deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (b)new text begin and (c)new text end , a complaint alleging a violation of chapter 211A or 211B must be
filed with the office. The complaint must be finally disposed of by the office before the
alleged violation may be prosecuted by a county attorney.
(b) Complaints arising under those sections and related to those individuals and
associations specified in section 10A.022, subdivision 3, must be filed with the Campaign
Finance and Public Disclosure Board.
new text begin
(c) Violations of section 211B.076 may only be enforced as provided in section 211B.076.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 48. new text begin CERTIFICATION.
new text end
new text begin
The secretary of state must certify to the revisor of statutes that the statewide voter
registration system has been tested and shown to properly allow for tracking of the
information required to conduct early voting and can handle the expected volume of use.
new text end
Sec. 49. new text begin RANKED CHOICE VOTING EDUCATION GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Authorized costs. new text end
new text begin
A home rule charter city that has adopted ranked
choice voting for local elections is eligible to apply to the secretary of state for a grant to
be used for a public education campaign on the use of ranked choice voting. The public
education campaign must provide information to voters citywide but must focus on
communities with language barriers, new voters, or low voter participation rates.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
The secretary of state may make a grant to an eligible home rule
charter city only after receiving an application from the city. The application must contain:
new text end
new text begin
(1) the date the application is submitted;
new text end
new text begin
(2) the name of the home rule charter city;
new text end
new text begin
(3) the name and title of the individual who prepared the application;
new text end
new text begin
(4) the total amount of the grant requested and a description of the proposed public
education campaign, including how the campaign will reach communities with language
barriers, new voters, or low voter participation rates;
new text end
new text begin
(5) the total amount and source of the home rule charter city's money to be used to match
a grant from the account;
new text end
new text begin
(6) a certified statement by the home rule charter city that the grant will be used only
for purposes authorized by this section; and
new text end
new text begin
(7) any other information required by the secretary of state.
new text end
new text begin
The deadline to submit grant applications is December 1, 2024.
new text end
new text begin Subd. 3. new text end
new text begin Awarding grants. new text end
new text begin
(a) The secretary of state must not award grants prior to
January 1, 2025. The secretary of state must not award more than $40,000 in grants to any
home rule charter city.
new text end
new text begin
(b) Subject to the limitations in paragraph (a), a home rule charter city is eligible to
receive a grant of no more than 50 percent of the total cost of public educational campaigns
related to use of ranked choice voting. A home rule charter city may partner with and provide
grant funds to third-party entities to assist with a public education campaign.
new text end
new text begin
(c) The secretary of state must establish a procedure for awarding and distributing grants
and a process for verifying the proper use of the grants after distribution. In evaluating the
applications, the secretary of state must consider only the information set forth in the
application and is not subject to Minnesota Statutes, chapter 14. If the secretary of state
determines that the application has been fully and properly completed, and that there are
sufficient funds available to award the grant, either in whole or in part, the secretary of state
may approve the application, subject to the limitations in paragraph (a).
new text end
new text begin Subd. 4. new text end
new text begin Report to the legislature. new text end
new text begin
No later than February 15, 2026, the secretary of
state must submit a report to the legislative committees with jurisdiction over elections
policy on grants awarded by this section. The report must include:
new text end
new text begin
(1) a list of each grant awarded including the home rule charter city, the amount of the
grant, and how the funding will be spent; and
new text end
new text begin
(2) the remaining balance of the appropriation for grants, if any.
new text end
Sec. 50. new text begin RANKED CHOICE VOTING AND VOTER ENGAGEMENT ADVISORY
TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
A Ranked Choice Voting and Voter Engagement Task Force is
established. The purpose of the task force is to engage election officials, state and local
lawmakers, and community members for the purpose of assessing the adoption and
implementation of ranked choice voting for local and statewide elections and to study voter
engagement.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of:
new text end
new text begin
(1) the secretary of state or their designee;
new text end
new text begin
(2) the state election director or their designee;
new text end
new text begin
(3) four representatives of counties with experience administering elections, appointed
by the Minnesota Association of County Officers, as follows:
new text end
new text begin
(i) one representative from the seven-county metropolitan area;
new text end
new text begin
(ii) two representatives from outside the seven-county metropolitan area; and
new text end
new text begin
(iii) one representative from a jurisdiction that has implemented ranked choice voting;
new text end
new text begin
(4) four representatives of cities with experience administering elections, appointed by
the League of Minnesota Cities, as follows:
new text end
new text begin
(i) one representative from the seven-county metropolitan area;
new text end
new text begin
(ii) two representatives from outside the seven-county metropolitan area; and
new text end
new text begin
(iii) one representative from a jurisdiction that has implemented ranked choice voting;
new text end
new text begin
(5) one member of the house of representatives appointed by the speaker of the house
of representatives;
new text end
new text begin
(6) one member of the senate appointed by the majority leader of the senate;
new text end
new text begin
(7) one member of the house of representatives appointed by the minority leader of the
house of representatives;
new text end
new text begin
(8) one member of the senate appointed by the minority leader of the senate;
new text end
new text begin
(9) one representative of community-based organizations with demonstrated experience
and interest in voting methods and election administration, appointed by the governor;
new text end
new text begin
(10) one representative who has experience administering elections at the county or city
level, appointed by the governor;
new text end
new text begin
(11) one town clerk with experience administering elections, appointed by the Minnesota
Association of Townships;
new text end
new text begin
(12) one representative appointed by the Council on Asian Pacific Minnesotans;
new text end
new text begin
(13) one representative appointed by the Minnesota Council on Latino Affairs;
new text end
new text begin
(14) one representative appointed by the Council for Minnesotans of African Heritage;
new text end
new text begin
(15) one representative appointed by the Indian Affairs Council;
new text end
new text begin
(16) one representative appointed by the Minnesota Council on Disability;
new text end
new text begin
(17) one representative appointed by the Minnesota Commission of the Deaf, DeafBlind,
and Hard of Hearing;
new text end
new text begin
(18) three public members appointed by the governor;
new text end
new text begin
(19) two public members appointed by the senate majority leader;
new text end
new text begin
(20) one public member appointed by the senate minority leader;
new text end
new text begin
(21) two public members appointed by the speaker of the house of representatives; and
new text end
new text begin
(22) one public member appointed by the minority leader of the house of representatives.
new text end
new text begin
(b) The secretary of state, or the secretary's designee, serves as the chair of the task force.
Members of the task force and subcommittees are governed by Minnesota Statutes, section
15.059, subdivision 6.
new text end
new text begin Subd. 3. new text end
new text begin Organization. new text end
new text begin
(a) Appointments to the task force must be made no later than
August 1, 2023. No later than August 15, 2023, the secretary of state, or the secretary's
designee, must convene the first meeting of the task force. Appointing authorities described
in subdivision 2, paragraph (a), clauses (18) to (22), must give preference to appointees
who are new Americans; seniors; infrequent voters; Black, Indigenous, or people of color;
individuals with disabilities; residents of greater Minnesota; or residents of cities that have
adopted ranked choice voting. Appointing authorities described in subdivision 2, paragraph
(a), clauses (18) to (22), must not appoint political party chairs, officers or employees of a
political party, elected officials, family members of elected officials, or registered lobbyists.
new text end
new text begin
(b) The task force and subcommittees are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin Subd. 4. new text end
new text begin Staff. new text end
new text begin
The Legislative Coordinating Commission must provide support staff,
office space, and administrative services for the task force.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
The task force must study voter-facing issues related to ranked choice
voting, including but not limited to ballot design, voter instructions, usability of equipment,
and other aspects of ranked choice voting that involve the voter. The task force must meet
at least twice between August 1, 2023, and February 15, 2024, and at least twice between
February 16, 2024, and February 15, 2025.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
(a) By February 15, 2024, and February 15, 2025, the task force must
submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over elections policy and finance. The report must include:
new text end
new text begin
(1) findings, conclusions, or recommendations relating to the voter-facing issues;
new text end
new text begin
(2) draft legislation, if any, to implement the task force's recommendations; and
new text end
new text begin
(3) the reports submitted to the task force chair by the subcommittees as required by
subdivisions 7 and 8.
new text end
new text begin Subd. 7. new text end
new text begin Ranked choice voting technical subcommittee. new text end
new text begin
(a) A ranked choice voting
technical subcommittee is established within the task force. The ranked choice voting
technical subcommittee must assess the technical aspects of implementing ranked choice
voting for local and statewide elections. Members designated or appointed pursuant to
subdivision 2, paragraph (a), clauses (1) to (11), are the members of the ranked choice voting
technical subcommittee. The ranked choice voting technical subcommittee must meet at
least monthly until the first report is submitted as provided in paragraph (d). After submission
of the first report, the ranked choice voting technical subcommittee must meet regularly.
new text end
new text begin
(b) One member of the ranked choice voting technical subcommittee designated by the
secretary of state and the gubernatorial appointee with experience administering elections
at the county or city level serve as cochairs of the ranked choice voting technical
subcommittee. The cochairs of the ranked choice voting technical subcommittee are
encouraged to request the participation of at least two members of Minnesota's congressional
delegation, or their designees, including one member of the United States House of
Representatives and one member of the United States Senate. These members serve as ex
officio, nonvoting members of the ranked choice voting technical subcommittee.
new text end
new text begin
(c) The ranked choice voting technical subcommittee must:
new text end
new text begin
(1) assess the feasibility of local governments adopting ranked choice voting in
conjunction with state general elections, including cross-county municipalities and school
districts;
new text end
new text begin
(2) assess the feasibility of adopting statewide ranked choice voting, particularly the
impact on local election administration and voter experience;
new text end
new text begin
(3) assess system readiness and any challenges, obstacles, or barriers to adoption or
implementation of ranked choice voting for local and statewide elections;
new text end
new text begin
(4) make recommendations on the standards and rules that would be needed to implement
ranked choice voting for local and statewide elections;
new text end
new text begin
(5) assess the technology required to implement ranked choice voting for local and
statewide elections, including an inventory of current voting equipment across the state; an
assessment of the feasibility of ranked choice voting with varied election equipment and
systems; and recommendations for upgrading technology, where necessary or prudent; and
new text end
new text begin
(6) recommend appropriations required to implement ranked choice voting for local and
statewide elections, including equipment and software, education, and training.
new text end
new text begin
(d) By February 1, 2024, and February 1, 2025, the ranked choice voting technical
subcommittee must submit a report to the chair of the task force. The report must include:
new text end
new text begin
(1) findings, conclusions, or recommendations relating to the duties of the subcommittee;
and
new text end
new text begin
(2) draft legislation, if any, to implement the subcommittee's recommendations.
new text end
new text begin Subd. 8. new text end
new text begin Voter engagement subcommittee. new text end
new text begin
(a) A voter engagement subcommittee is
established within the task force. The voter engagement subcommittee must assess voter
engagement. Members designated or appointed pursuant to subdivision 2, paragraph (a),
clauses (1) and (12) to (22), are the members of the voter engagement subcommittee. The
voter engagement subcommittee must meet at least monthly until the first report is submitted
as provided in paragraph (d). After submission of the first report, the voter engagement
subcommittee must meet regularly.
new text end
new text begin
(b) The senate majority leader must designate one of the individuals appointed by the
senate majority leader as a cochair of the voter engagement subcommittee. The speaker of
the house of representatives must designate one of the individuals appointed by the speaker
of the house of representatives as a cochair of the voter engagement subcommittee.
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(c) The voter engagement subcommittee must focus its analysis on eligible voters who
are new Americans; seniors; Black, Indigenous, or people of color; low income; and
individuals with disabilities. The voter engagement subcommittee must assess:
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(1) current levels of understanding of voting methods used in Minnesota within the
communities of focus;
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(2) voter education efforts that were undertaken in Bloomington, Minneapolis,
Minnetonka, St. Louis Park, and St. Paul after the adoption of ranked choice voting; and
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(3) best practices for educating and engaging voters in the communities of focus.
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(d) By February 1, 2024, and February 1, 2025, the voter engagement subcommittee
must submit a report to the chair of the task force. The report must include:
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(1) recommendations on how to increase voter participation in communities of focus;
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(2) recommendations on how to further educate and engage voters in communities of
focus, including whether current voter education and outreach efforts are sufficient or should
be modified;
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(3) recommendations on methods of voter outreach and education that should be
employed within communities of focus in cases in which a jurisdiction is considering
changing its method of voting and if it proceeds with changing its voting method; and
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(4) any other recommendations related to voter engagement or education.
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new text begin Subd. 9. new text end
new text begin Sunset. new text end
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The task force and subcommittees expire March 1, 2025, or upon
submission of the final report to the legislature, whichever is earlier.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2023, provided that the designated
appointing authorities may take actions necessary to name members to serve on the task
force beginning the day following final enactment.
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Sec. 51. new text begin REPEALER.
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Minnesota Statutes 2022, section 203B.081, subdivision 2,
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is repealed.
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new text begin EFFECTIVE DATE. new text end
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This section is effective June 1, 2023.
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APPENDIX
Repealed Minnesota Statutes: S1636-1
203B.081 LOCATIONS AND METHODS FOR ABSENTEE VOTING IN PERSON.
Subd. 2.
Town elections.
Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before the election. The county auditor shall make such designations at least 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.