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SF 2270

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 09:54am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; providing for ranked choice voting in elections for federal
and state offices; establishing a Statewide Ranked Choice Voting Implementation
Task Force; authorizing jurisdictions to adopt ranked choice voting for local offices;
establishing procedures for adoption, implementation, and use of ranked choice
voting for local jurisdictions; allowing local jurisdictions to use electronic voting
systems with a reallocation feature; authorizing rulemaking; requiring a report;
appropriating money; amending Minnesota Statutes 2022, sections 204B.35,
subdivision 1; 204C.19, by adding a subdivision; 204C.21, by adding a subdivision;
204C.24, subdivision 1; 204D.07, subdivision 3; 205.13, subdivision 2; 206.57,
subdivision 6; 206.58, subdivision 1; 206.83; 208.05; 211A.02, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding
for new law as Minnesota Statutes, chapter 204E.

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

ARTICLE 1

STATEWIDE RANKED CHOICE VOTING IMPLEMENTATION TASK FORCE;
APPROPRIATION

Section 1. new text beginSTATEWIDE RANKED CHOICE VOTING IMPLEMENTATION TASK
FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin A Statewide Ranked Choice Voting Implementation Task Force
is established. The purpose of the task force is to engage election officials and recommend
statewide standards for ranked choice voting tabulation and reporting processes and a
timetable for implementation in federal and state elections.
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 designee;
new text end

new text begin (2) the state election director;
new text end

new text begin (3) three representatives of counties, 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) one representative 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) three representatives of cities, 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) one representative 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;
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;
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) four representatives 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 of a labor union appointed by the governor;
new text end

new text begin (11) three representatives appointed by the Association of Minnesota Counties, as follows:
new text end

new text begin (i) one representative from the seven-county metropolitan area; and
new text end

new text begin (ii) two representatives from outside the seven-county metropolitan area;
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; and
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 The cochairs of the task force 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 task force.
new text end

new text begin (b) Members of the task force 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, a designee appointed by the speaker of the
house must convene the first meeting of the task force. The members appointed by the
speaker of the house and the majority leader of the senate serve as cochairs.
new text end

new text begin (b) The task force must meet at least monthly until the first report is submitted to the
legislature. After submission of the first report, the task force must meet regularly.
new text end

new text begin (c) The task force is subject to 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 Reports. new text end

new text begin By February 15, 2024, January 15, 2025, February 15, 2026, and
January 15, 2027, the task force must submit reports to the chairs and ranking minority
members of the legislative committees with jurisdiction over elections. The report due by
January 15, 2027, is the final report of the task force unless the task force, by majority vote,
deems an earlier report to be the final report. Each report must include the following
information or a statement that the task force has not reached agreement on an item:
new text end

new text begin (1) a recommended date for implementation of statewide ranked choice voting;
new text end

new text begin (2) recommendations on the standards and rules that would be needed for requirements
and procedures to implement statewide ranked choice voting;
new text end

new text begin (3) draft legislation to implement statewide ranked choice voting;
new text end

new text begin (4) identification of any educational needs for public awareness and training for election
officials, candidates, and the public, with a particular focus on communities with language
barriers or new voters;
new text end

new text begin (5) a summary of the status of current voting equipment across the state to conduct
ranked choice voting elections and recommendations for upgrading technology, where
necessary or prudent; and
new text end

new text begin (6) recommended appropriations required to implement statewide ranked choice voting,
including equipment and software, education, and training.
new text end

new text begin Subd. 6. new text end

new text begin Sunset. new text end

new text begin The task force expires June 30, 2027, or upon submission of the task
force's final report, whichever is earlier.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund
to the Legislative Coordinating Commission to support the work of the task force. This
appropriation is available until June 30, 2027.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin 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 of this act.
new text end

ARTICLE 2

RANKED CHOICE VOTING IMPLEMENTATION

Section 1.

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

new text begin This chapter applies to all elections conducted using ranked choice voting. Except as
otherwise provided by this chapter, Minnesota election law applies to elections conducted
using ranked choice voting.
new text end

Sec. 2.

new text begin [204E.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For the purposes of this chapter, the terms defined in this
section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Active candidate. new text end

new text begin "Active candidate" means any candidate who has not been
defeated or elected and is not a withdrawn candidate.
new text end

new text begin Subd. 3. new text end

new text begin Batch elimination. new text end

new text begin "Batch elimination" means a simultaneous defeat of multiple
continuing candidates that have no mathematical chance of being elected.
new text end

new text begin Subd. 4. new text end

new text begin Cast vote record. new text end

new text begin "Cast vote record" means the tabulatable record of all
aggregated votes produced by a single voter in one voting session. For ballots on which
voters have indicated a write-in choice, the finalized cast vote record indicates whether the
write-in choice was cast for one of the declared write-in candidates, and if so, which one.
new text end

new text begin Subd. 5. new text end

new text begin Duplicate ranking. new text end

new text begin "Duplicate ranking" means a voter has ranked the same
candidate at multiple rankings for the office being counted.
new text end

new text begin Subd. 6. new text end

new text begin Inactive ballot. new text end

new text begin "Inactive ballot" means a ballot that does not count for any
candidate in a given round of tabulation as provided in section 204E.06 or 204E.07.
new text end

new text begin Subd. 7. new text end

new text begin Hand count election. new text end

new text begin "Hand count election" means an election in which all
tabulation of ballots is done by hand, regardless of whether the ballots are cast in a polling
place or as absentee or mail ballots.
new text end

new text begin Subd. 8. new text end

new text begin Highest continuing ranking. new text end

new text begin "Highest continuing ranking" means the ranking
on a voter's ballot with the lowest numerical value for a continuing candidate.
new text end

new text begin Subd. 9. new text end

new text begin Local election official. new text end

new text begin "Local election official" means the county auditor or
municipal clerk responsible for duties related to election administration in the applicable
jurisdiction. Where more than one jurisdiction is involved, the local election in the jurisdiction
with a greater population is the local election official for the purpose of administering the
ranked choice voting election.
new text end

new text begin Subd. 10. new text end

new text begin Mathematically impossible to be elected. new text end

new text begin "Mathematically impossible to be
elected" means:
new text end

new text begin (1) the candidate cannot be elected because the candidate's surplus votes and current
vote total plus the surplus votes and votes of all other candidates in the current round with
fewer votes or an equal number of votes would not be enough to surpass the candidate with
the next higher current vote total; or
new text end

new text begin (2) the candidate has a lower current vote total than a candidate who is described by
clause (1).
new text end

new text begin Subd. 11. new text end

new text begin Maximum possible threshold. new text end

new text begin "Maximum possible threshold" means the
number of votes sufficient for a candidate to be elected under a first ranked choice tabulation
under sections 204E.06 and 204E.07. Maximum possible threshold equals:
new text end

new text begin (1) the sum of the total ballots cast that include votes, undervotes, skipped rankings, and
overvotes for the office; divided by
new text end

new text begin (2) the sum of one plus the number of offices to be filled; then
new text end

new text begin (3) adding one to the result; and
new text end

new text begin (4) with any fractions disregarded.
new text end

new text begin Subd. 12. new text end

new text begin Multiple-seat election. new text end

new text begin "Multiple-seat election" means an election in which
two or more seats in an office are to be filled from a single set of candidates on the ballot.
new text end

new text begin Subd. 13. new text end

new text begin Overvote. new text end

new text begin "Overvote" means a voter has ranked more than one candidate at
the same ranking.
new text end

new text begin Subd. 14. new text end

new text begin Partially defective ballot. new text end

new text begin "Partially defective ballot" means a ballot that is
defective to the extent that the election judges are unable to determine the voter's intent with
respect to the office being counted.
new text end

new text begin Subd. 15. new text end

new text begin Political subdivision. new text end

new text begin "Political subdivision" means a county, home rule
charter or statutory city, or school district.
new text end

new text begin Subd. 16. new text end

new text begin Ranked choice voting. new text end

new text begin "Ranked choice voting" means an election method in
which voters rank candidates for an office in order of their preference, with each vote
counting for the highest-ranked continuing candidate on each ballot until that candidate has
been elected or defeated as provided in this chapter.
new text end

new text begin Subd. 17. new text end

new text begin Ranked choice voting tabulation center. new text end

new text begin "Ranked choice voting tabulation
center" means the location where ballots are processed automatically or by hand and are
tabulated.
new text end

new text begin Subd. 18. new text end

new text begin Ranking. new text end

new text begin "Ranking" means the number assigned by a voter to a candidate to
express the voter's preference for that candidate. Ranking number one is the highest ranking.
A ranking of lower numerical value indicates a greater preference for a candidate than a
ranking of higher numerical value.
new text end

new text begin Subd. 19. new text end

new text begin Repeat candidate ranking. new text end

new text begin "Repeat candidate ranking" means any ranking
except the first of a group of duplicate rankings.
new text end

new text begin Subd. 20. new text end

new text begin Round. new text end

new text begin "Round" means an instance of the sequence of voting tabulation steps
established in section 204E.06 or 204E.07.
new text end

new text begin Subd. 21. new text end

new text begin Single-seat election. new text end

new text begin Single-seat election means an election in which one seat
in an office is to be filled from a single set of candidates on the ballot.
new text end

new text begin Subd. 22. new text end

new text begin Skipped ranking. new text end

new text begin "Skipped ranking" means a voter has left a ranking blank
and ranks a candidate at a subsequent ranking.
new text end

new text begin Subd. 23. new text end

new text begin Surplus. new text end

new text begin "Surplus" means the total number of votes cast for an elected
candidate in excess of the threshold.
new text end

new text begin Subd. 24. new text end

new text begin Surplus fraction of a vote. new text end

new text begin "Surplus fraction of a vote" means the proportion
of each vote to be transferred when a surplus is transferred. The surplus fraction is calculated
by dividing the surplus by the total votes cast for the elected candidate, calculated to four
decimal places, ignoring any remainder.
new text end

new text begin Subd. 25. new text end

new text begin Threshold. new text end

new text begin "Threshold" means the number of votes sufficient for a candidate
to be elected. In any given single-seat election, the threshold equals: the total votes counted,
during that tabulation round, excluding inactive ballots; divided by two; then adding one;
and disregarding any fractions. In any given multiple-seat election, the threshold equals:
the total votes counted in the first round after removing defective ballots; divided by the
sum of one plus the number of offices to be filled; adding one to the result; and disregarding
any fractions.
new text end

new text begin Subd. 26. new text end

new text begin Totally defective ballot. new text end

new text begin "Totally defective ballot" means a ballot that is
defective to the extent that election judges are unable to determine the voter's intent for any
office on the ballot.
new text end

new text begin Subd. 27. new text end

new text begin Transfer value. new text end

new text begin "Transfer value" means the fraction of a vote that a transferred
ballot will contribute to the next ranked continuing candidate on that ballot. The transfer
value of a vote cast for an elected candidate is calculated by multiplying the surplus fraction
of each vote by its current value, calculated to four decimal places, ignoring any remainder.
The transfer value of a vote cast for a defeated candidate is the same as its current value.
new text end

new text begin Subd. 28. new text end

new text begin Transferable vote. new text end

new text begin "Transferable vote" means a vote or a fraction of a vote
for a candidate who has been either elected or defeated.
new text end

new text begin Subd. 29. new text end

new text begin Undervote. new text end

new text begin "Undervote" means a voter did not rank any candidates for an
office.
new text end

Sec. 3.

new text begin [204E.03] AUTHORIZATION FOR LOCAL ADOPTION.
new text end

new text begin (a) After January 1, 2024, a political subdivision may adopt, in the manner provided in
this section, ranked choice voting as a method of voting for local offices within the political
subdivision.
new text end

new text begin (b) A political subdivision that adopts ranked choice voting may do so by adopting an
ordinance or resolution, by a ballot question presented to the voters, or by amending the
charter. The ranked choice voting method may be repealed by the same methods used for
adoption.
new text end

new text begin (c) A home rule charter jurisdiction that adopts a ranked choice voting system in its
charter may adopt this chapter by reference in an ordinance but is not required to do so.
Nothing in this chapter prevents a home rule charter jurisdiction from adopting another
voting method in its charter.
new text end

new text begin (d) Ranked choice voting must only be used to elect local offices at a general or special
election.
new text end

new text begin (e) A political subdivision that adopts the use of ranked choice voting in local elections
must do so no later than 90 days before the first day for filing affidavits of candidacy for
the office for which ranked choice voting is to be used as the method of election.
new text end

new text begin (f) Repeal of ranked choice voting must be no later than 90 days before the first day for
filing affidavits of candidacy for offices for which ranked choice voting is used as the method
of election.
new text end

new text begin (g) The local election official must notify the secretary of state and, if applicable, the
county auditor within 30 days following adoption or repeal of ranked choice voting.
new text end

Sec. 4.

new text begin [204E.04] BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Ballot format. new text end

new text begin (a) If there are three or more qualified candidates, a ballot
must allow a voter to rank at least three candidates for each office in order of preference
and must also allow the voter to add write-in candidates.
new text end

new text begin (b) A ballot must:
new text end

new text begin (1) include instructions to voters that clearly indicate how to mark the ballot;
new text end

new text begin (2) include instructions to voters that clearly indicate how to rank candidates in order
of the voter's preference; and
new text end

new text begin (3) indicate the number of seats to be elected for each office.
new text end

new text begin Subd. 2. new text end

new text begin Mixed-election method ballots. new text end

new text begin If elections are held in which ranked choice
voting is used in addition to other methods of voting, the ranked choice voting and nonranked
choice voting elections must be on the same ballot card if possible, with ranked choice
voting and nonranked choice voting portions clearly separated. A separate ballot card may
be used if necessary. A jurisdiction may deviate from the standard ballot order of offices
to allow separation of ranked choice voting and nonranked choice voting elections.
new text end

new text begin Subd. 3. new text end

new text begin Ballot format rules. new text end

new text begin After a voting mechanism has been selected, the local
election official must adopt the necessary procedures for that ballot format, consistent with
this section.
new text end

Sec. 5.

new text begin [204E.05] RANKED CHOICE VOTING TABULATION CENTER.
new text end

new text begin Subdivision 1. new text end

new text begin Tabulation of votes; generally. new text end

new text begin The local election official must designate
one location to serve as the ranked choice voting tabulation center. If the tabulation includes
a manual count of physical ballots, the center must be accessible to the public for the purpose
of observing the vote tabulation. Tabulation of votes must be conducted as described in
sections 204E.06 and 204E.07.
new text end

new text begin Subd. 2. new text end

new text begin Write-in votes. new text end

new text begin A candidate for local office who wants write-in votes to be
counted as votes for the candidate must file a written request with the local election official
no later than seven days before the general or special election. The local election official
shall provide copies of the form to make the request.
new text end

new text begin Subd. 3. new text end

new text begin Precinct tabulation. new text end

new text begin When the hours for voting have ended and all voting has
concluded, the election judges in each precinct must record and publicly declare the number
of votes cast at each ranking on the ballot, to the extent practicable. The election judges
must then securely transfer all electronic voting data and ballots from the precinct to the
ranked choice voting tabulation center. Upon receipt at the ranked choice voting tabulation
center, all electronic voting data and ballots must be secured.
new text end

new text begin Subd. 4. new text end

new text begin Recording write-in votes. new text end

new text begin At a time set by the local election official, the judges
and any other election officials designated by the local election official shall convene at the
ranked choice voting tabulation center to examine ballots or ballot images on which voters
have indicated a write-in choice and record the names and number of votes received by
each declared write-in candidate. The number of votes received by write-in candidates who
did not file a request as provided in subdivision 2 will be recorded as a group by office.
new text end

new text begin Subd. 5. new text end

new text begin Ranked choice vote tabulation. new text end

new text begin After all votes have been recorded, and at a
time set by the local election official, the process of tabulating votes cast for offices to be
elected using the ranked choice method must begin. The counting must continue until
preliminary results for all races are determined, subject to subdivision 6.
new text end

new text begin Subd. 6. new text end

new text begin Notice of recess in count. new text end

new text begin At any time following receipt of materials under
subdivision 3, the local election official may declare a recess. Notice of the recess must
include the date, time, and location at which the process of recording and tabulating votes
will resume and the reason for the recess. Notice must be posted on the local jurisdiction's
official bulletin board and on the door of the ranked choice voting tabulation center. During
any recess, all electronic voting data and ballots must be secured.
new text end

Sec. 6.

new text begin [204E.06] TABULATION OF VOTES; SINGLE-SEAT ELECTIONS.
new text end

new text begin (a) This section applies to a ranked choice voting election in which one seat in an office
is to be filled from a single set of candidates on the ballot. The method of tabulating ranked
choice votes for single-seat elections as described in this section must be known as the
"single-seat single transferable vote" method of tabulation.
new text end

new text begin (b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
as described in paragraph (c). A first ranked choice tabulation will consist of a first round
only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
votes marked number one. The maximum possible threshold must be determined. If the
vote total for a candidate, other than an undeclared or a declared write-in candidate, is equal
to or greater than the maximum possible threshold, that candidate is declared elected and
the tabulation is complete. If the vote total for no candidate, other than an undeclared or a
declared write-in candidate, is equal to or greater than the maximum possible threshold,
additional rounds must be performed as provided in paragraph (c).
new text end

new text begin (c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
rounds for each office to be counted. The threshold must be calculated. The sum of all
ranked choice votes for every candidate must be calculated. Each round must proceed
sequentially as follows:
new text end

new text begin (1) the number of votes cast for each candidate, as indicated by the highest continuing
ranking on each ballot, must be counted. If a candidate, other than an undeclared write-in
candidate, has a vote total that is equal to or greater than the threshold, that candidate is
declared elected and the tabulation is complete. If no candidate, other than an undeclared
write-in candidate, has a vote total that is equal to or greater than the threshold, a new round
begins and the tabulation must continue as described in clause (2);
new text end

new text begin (2) at the beginning of the second round only, all candidates who did not file a request
as provided in section 204E.05, subdivision 2, and write-in candidates who did not file a
request as provided in section 204E.05, subdivision 2, must be defeated and all candidates
for whom it is mathematically impossible to be elected may be defeated simultaneously.
For third and subsequent rounds, the candidate with the fewest votes must be defeated and
all candidates for whom it is mathematically impossible to be elected may be defeated
simultaneously. Votes for the defeated candidates must be transferred to each ballot's
next-ranked continuing candidate, except votes for candidates defeated in the final round
are not transferred if, by their defeat, the number of continuing candidates is reduced to one.
If no candidate can be defeated under this clause, the tabulation must continue as described
in clause (3). Otherwise, the tabulation must continue as described in clause (4);
new text end

new text begin (3) the candidate with the fewest votes is defeated. Votes for the defeated candidate
must be transferred to each ballot's next-ranked continuing candidate, except votes for
candidates defeated in the final round are not transferred if, by their defeat, the number of
continuing candidates is reduced to one. Ties between candidates with the fewest votes must
be resolved by lot by the local election official. The candidate chosen by lot must be defeated.
The result of the tie resolution must be recorded and reused in the event of a recount;
new text end

new text begin (4) the procedures in clauses (1) to (3) must be repeated until one candidate reaches the
threshold. When only one continuing candidate remains, that continuing candidate must be
elected; and
new text end

new text begin (5) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
no further continuing candidates are ranked on that ballot, or because the only votes for
further continuing candidates that are ranked on that ballot are either overvotes or repeat
candidate rankings, the ballot shall not count toward any candidate in that round or in
subsequent rounds for the office being counted.
new text end

Sec. 7.

new text begin [204E.07] TABULATION OF VOTES; MULTIPLE-SEAT ELECTIONS.
new text end

new text begin (a) This section applies to a ranked choice voting election in which two or more seats
in an office are to be filled from a single set of candidates on the ballot. The method of
tabulating ranked choice votes for multiple-seat elections as described in this section must
be known as the "multiple-seat single transferable vote" method of tabulation.
new text end

new text begin (b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
as described in paragraph (c). A first ranked choice tabulation will consist of a first round
only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
votes marked number one. The maximum possible threshold must be determined. If the
number of candidates, other than any undeclared or declared write-in candidate, whose vote
total is equal to or greater than the maximum possible threshold is equal to the number of
seats to be filled, those candidates are declared elected and the tabulation is complete. If
the number of candidates, other than any undeclared or declared write-in candidate, whose
vote total is equal to or greater than the maximum possible threshold is less than the number
of seats to be filled, additional rounds must be performed as provided in paragraph (c).
new text end

new text begin (c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
rounds for each office to be counted. The threshold must be calculated. The sum of all
ranked choice votes for every candidate must be calculated. Each round must proceed
sequentially as follows:
new text end

new text begin (1) the number of votes cast for each candidate for the current round must be counted.
If the number of candidates, other than any undeclared write-in candidate, whose vote total
is equal to or greater than the threshold is equal to the number of seats to be filled, those
candidates who are continuing candidates are elected and the tabulation is complete. If the
number of candidates, other than any undeclared write-in candidate, whose vote total is
equal to or greater than the threshold is not equal to the number of seats to be filled, a new
round begins and the tabulation must continue as described in clause (2);
new text end

new text begin (2) surplus votes for any candidates whose vote total is equal to or greater than the
threshold must be calculated;
new text end

new text begin (3) the candidate with the largest surplus is declared elected and that candidate's surplus
is transferred. A tie between two or more candidates must be resolved by lot by the local
election official. The surplus of the candidate chosen by lot must be transferred before other
transfers are made. The result of the tie resolution must be recorded and reused in the event
of a recount. The transfer value of each vote cast for an elected candidate must be transferred
to the next continuing candidate on that ballot. If no candidate has a surplus, the tabulation
must continue as described in clause (4). Otherwise, the tabulation must continue as described
in clause (1);
new text end

new text begin (4) if there are no transferable surplus votes, the candidate with the fewest votes is
defeated. Votes for a defeated candidate are transferred at their transfer value to each ballot's
next-ranked continuing candidate, except votes for candidates defeated in the final round
are not transferred if, by their defeat, the number of continuing candidates is reduced to the
number of seats yet to be filled. Ties between candidates with the fewest votes must be
resolved by lot by the local election official, and the candidate chosen by lot must be defeated.
The result of the tie resolution must be recorded and reused in the event of a recount;
new text end

new text begin (5) the procedures in clauses (1) to (4) must be repeated until the number of candidates
whose vote total is equal to or greater than the threshold is equal to the number of seats to
be filled, or until the number of continuing candidates is equal to the number of seats yet
to be filled. If the number of continuing candidates is equal to the number of seats yet to be
filled, any remaining continuing candidates must be declared elected; and
new text end

new text begin (6) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
no further continuing candidates are ranked on that ballot, or because the only votes for
further continuing candidates that are ranked on that ballot are either overvotes or repeat
candidate rankings, the ballot shall not count toward any candidate in that round or in
subsequent rounds for the office being counted.
new text end

Sec. 8.

new text begin [204E.08] REPORTING RESULTS.
new text end

new text begin (a) Each precinct must print a precinct summary statement, which must include the
number of first choices cast for each candidate in that precinct.
new text end

new text begin (b) The local election official must provide a tabulation summary statement of each
office with the following information:
new text end

new text begin (1) total votes cast;
new text end

new text begin (2) number of undervotes;
new text end

new text begin (3) number of totally defective and spoiled ballots;
new text end

new text begin (4) threshold calculation;
new text end

new text begin (5) total first choice rankings for all candidates;
new text end

new text begin (6) round-by-round tabulation results, including simultaneous batch eliminations, surplus
transfers if applicable, and defeated candidate transfers; and
new text end

new text begin (7) exhausted ballots at each round.
new text end

new text begin (c) In jurisdictions where ballots are scanned and recorded electronically, the local
election official must provide an electronically available spreadsheet of the cast vote record.
To the extent practicable, the spreadsheet must be in a format that is human-readable.
new text end

new text begin (d) The election abstract must include the information required in the ranked choice
voting tabulation center summary statement, with the addition of the number of registered
voters by precinct, the number of same-day voter registrations, and the number of absentee
voters.
new text end

Sec. 9.

new text begin [204E.09] RECOUNTS.
new text end

new text begin (a) A candidate defeated in the final round of tabulation may request a recount as provided
in section 204C.36, subdivision 1, to the extent applicable.
new text end

new text begin (b) A candidate defeated in the final round of tabulation when the vote difference is
greater than that provided in section 204C.36 may request a recount at the candidate's own
expense. A candidate defeated in an earlier round of tabulation may request a recount at the
candidate's own expense. The candidate is responsible for all expenses associated with the
recount, regardless of the vote difference between the candidates in the round in which the
requesting candidate was defeated. The requesting candidate shall file with the filing officer
a bond, cash, or surety in an amount set by the filing officer for the payment of the recount
expenses. Expenses must be determined as provided in section 204C.36, subdivision 4.
new text end

new text begin (c) Rules adopted by the secretary of state under section 204C.36 for recounts apply to
recounts conducted under this section.
new text end

new text begin (d) At the discretion of the recount official, in the case of a recount under paragraph (a)
or by the requesting candidate in the case of a recount under paragraph (b) or by the
requesting candidates, a recount may commence with the earliest tabulation round in which
any requesting candidate was defeated on any prior round. All other candidates who, in the
initial tabulation, were defeated prior to the round in which the recount starts may be
presumed to have been correctly defeated.
new text end

new text begin (e) A candidate must not request a recount until a winner is determined.
new text end

Sec. 10.

new text begin [204E.10] POSTELECTION REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Selection of test date; notice. new text end

new text begin At the canvass, the local election official
must select by lot the offices and precincts to be reviewed and set the date, time, and place
for the postelection review, in accordance with section 206.89 and this section. Postelection
review is not required for a hand count election.
new text end

new text begin Subd. 2. new text end

new text begin Scope and conduct of test. new text end

new text begin The postelection review must be conducted in
public and must review a sample of ballots cast for at least one single-seat ranked-choice
voting election and at least one multiple-seat election, if such an election occurred.
new text end

new text begin Subd. 3. new text end

new text begin Review. new text end

new text begin (a) For each office to be reviewed, the number of precincts selected
for review shall be determined as follows. If the office was voted on in fewer than five
precincts, one precinct shall be selected. If the office was voted on in at least five precincts
and fewer than 50 precincts, two precincts shall be selected. If the office was voted on in
at least 50 precincts and fewer than 100 precincts, three precincts shall be selected. If the
office was voted on in at least 100 precincts, four precincts or three percent of the total
number of precincts in the election shall be selected, whichever is greater.
new text end

new text begin (b) For each office voted on in a county election, the local election official may select
precincts as specified in paragraph (a) or use the precincts selected in accordance with
section 206.89.
new text end

new text begin (c) Using the actual ballots cast in each precinct selected, the judges of the election shall
conduct a hand-count tabulation of how many ballots contain each combination of candidates
across the rankings. All undeclared write-in candidates shall be considered as a group in
this hand count, and blank or overvoted rankings shall be included as such in the tabulated
combinations.
new text end

new text begin Subd. 4. new text end

new text begin Standard of acceptable performance by voting system. new text end

new text begin A comparison of the
results compiled by the voting system with the cast vote records compiled by the judges of
the election performing the hand count must show that the results of the electronic voting
system differed by no more than the applicable percentage provided in section 204C.36
from the hand count of the sample tested. Valid votes that have been marked by the voter
outside the vote targets or using a manual marking device that cannot be read by the voting
system must not be included in making the determination whether the voting system has
met the standard of acceptable performance.
new text end

new text begin Subd. 5. new text end

new text begin Additional review if needed. new text end

new text begin An additional review is required if:
new text end

new text begin (1) a test reveals a difference greater than the percentage threshold provided in section
204C.36 in at least one precinct of an office, the local election official must immediately,
publicly select by lot two additional precincts of the same office for review. The additional
precinct review must be completed within two days after the precincts are selected and the
results immediately reported to the county auditor; and
new text end

new text begin (2) the additional precinct review indicates a difference in the vote totals that is greater
than the applicable percentage threshold, as provided by section 204C.36, in at least one
additional precinct of an office, the local election official must conduct a review of the
ballots from all the remaining precincts in the office being reviewed.
new text end

new text begin This review must be completed no later than two weeks after the canvass.
new text end

new text begin Subd. 6. new text end

new text begin Report of results. new text end

new text begin Upon completion of the postelection review, the local election
official must immediately report the results to the county auditor and make the results
available to the public.
new text end

new text begin Subd. 7. new text end

new text begin Update of vote totals. new text end

new text begin If the postelection review under this section results in
a change in the number of votes counted for any candidate, the revised vote totals must be
incorporated in the official result from those precincts.
new text end

new text begin Subd. 8. new text end

new text begin Effect on voting systems. new text end

new text begin If a voting system is found to have failed to record
votes accurately and in the manner provided by this chapter, the voting system must not be
used at another election until it has been reapproved for use, pursuant to section 206.58. In
addition, the county auditor may order the local election official to conduct a hand recount
of all ballots cast in the election.
new text end

Sec. 11.

new text begin [204E.11] RULES.
new text end

new text begin The secretary of state may adopt rules necessary to implement the requirements and
procedures established by this chapter.
new text end

ARTICLE 3

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2022, section 204B.35, subdivision 1, is amended to read:


Subdivision 1.

Application.

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

Sec. 2.

Minnesota Statutes 2022, section 204C.19, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Ranked choice voting election. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 204C.21, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Ranked choice voting election. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 204C.24, subdivision 1, is amended to read:


Subdivision 1.

Information requirements.

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

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

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

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

(4) the number of individuals who voted at the election in the precinct which must equal
the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86,
subdivision 1
;

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

(6) the signatures of the election judges who counted the ballots certifying that all of the
ballots cast were properly piled, checked, and counted; and that the numbers entered by the
election judges on the summary statements correctly show the number of votes cast for each
candidate and for and against each questionnew text begin; and
new text end

new text begin (7) in the case of a ranked choice voting election, any additional information required
by section 204E.08
new text end.

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

Sec. 5.

Minnesota Statutes 2022, section 204D.07, subdivision 3, is amended to read:


Subd. 3.

Exception; certain nonpartisan candidate.

If not more than twice the number
of individuals to be elected to a nonpartisan office file for the nomination, their names and
the name of the office shall be omitted from the state and county nonpartisan primary ballot
and the candidates who filed shall be the nominees.new text begin For candidates in a nonpartisan ranked
choice voting election, candidates shall be omitted from the state and county primary ballot.
new text end

Sec. 6.

Minnesota Statutes 2022, section 205.13, subdivision 2, is amended to read:


Subd. 2.

Notice of filing dates.

At least two weeks before the first day to file affidavits
of candidacy, the municipal clerk shall publish a notice stating the first and last dates on
which affidavits of candidacy may be filed in the clerk's office and the closing time for
filing on the last day for filing. The clerk shall post a similar notice at least ten days before
the first day to file affidavits of candidacy. new text beginThe notice must indicate the method of election
to be used for the offices on the ballot.
new text endThe notice must separately list any office for which
affidavits of candidacy may be filed to fill the unexpired portion of a term when a special
election is being held to fill a vacancy as provided in section 412.02, subdivision 2a.

Sec. 7.

Minnesota Statutes 2022, section 206.57, subdivision 6, is amended to read:


Subd. 6.

Required certification.

In addition to the requirements in subdivision 1, a
new text begin vendor of a new text endvoting system must deleted text beginbe certified by an independent testing authoritydeleted text endnew text begin obtain a
test report from a voting system test lab
new text end accredited by the Election Assistance Commission
or appropriate federal agency responsible for testing and certification of compliance with
the federal voting systems guidelines at the time of submission of the application required
by subdivision 1 to be in conformity with voluntary voting system guidelines issued by the
Election Assistance Commission or other previously referenced agency. The application
must be accompanied by the deleted text begincertificationdeleted text endnew text begin testnew text end report of the voting systems test laboratory.
A deleted text begincertificationdeleted text endnew text begin test reportnew text end under this section from an independent testing authority accredited
by the Election Assistance Commission or other previously referenced agency meets the
requirement of Minnesota Rules, part 8220.0350, item L. A vendor must provide a copy of
the source code for the voting system to the secretary of state. A chair of a major political
party or the secretary of state may select, in consultation with the vendor, an independent
third-party evaluator to examine the source code to ensure that it functions as represented
by the vendor and that the code is free from defects. A major political party that elects to
have the source code examined must pay for the examination. Except as provided by this
subdivision, a source code that is trade secret information must be treated as nonpublic
information, according to section 13.37. A third-party evaluator must not disclose the source
code to anyone else.

Sec. 8.

Minnesota Statutes 2022, section 206.58, subdivision 1, is amended to read:


Subdivision 1.

Municipalities.

new text begin(a) new text endThe governing body of a municipality, at a regular
meeting or at a special meeting called for the purpose, may provide for the use of an
electronic voting system in one or more precincts and at all elections in the precincts, subject
to approval by the county auditor. The governing body shall disseminate information to the
public about the use of a new voting system at least 60 days prior to the election and shall
provide for instruction of voters with a demonstration voting system in a public place for
the six weeks immediately prior to the first election at which the new voting system will be
used.

new text begin (b) new text endNo system may be adopted or used unless it has been approved by the secretary of
state pursuant to section 206.57.

new text begin (c) The governing body of a municipality may provide for the use of an electronic voting
system that has been approved by the secretary of state under section 206.57 and the use of
automatic tabulating equipment or a software reallocation feature that is compatible with
the electronic voting system but has not been approved by the secretary of state if the
municipal clerk certifies to the secretary of state, within 30 days from the date of adoption
under paragraph (a), that the reallocation feature:
new text end

new text begin (1) has been tested as required under section 206.57, subdivision 6; and
new text end

new text begin (2) meets the municipality's ordinance requirements for electronic voting systems.
new text end

Sec. 9.

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

new text begin A voting system purchased for use in Minnesota on or after the effective date of this
section must have the ability to:
new text end

new text begin (1) capture, store, and publicly report ballot data;
new text end

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

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

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

new text begin (5) be programmable to follow all other specifications of the ranked choice voting system
or be compatible with automatic tabulating equipment or a software reallocation feature as
provided in section 206.58;
new text end

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

new text begin (7) to the extent practicable, notify voters of the following errors: overvotes, skipped
rankings, and duplicate rankings in a ranked choice voting election; and
new text end

new text begin (8) be programmable to print a zero tape indicating all rankings for all candidates in a
ranked choice voting election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon certification by the secretary of
state that equipment meeting the standards required by this section is available for purchase
and implementation.
new text end

Sec. 10.

Minnesota Statutes 2022, section 206.83, is amended to read:


206.83 TESTING OF VOTING SYSTEMS.

new text begin (a) new text endWithin 14 days before election day, the official in charge of elections shall have the
voting system tested to ascertain that the system will correctly mark ballots using all methods
supported by the system, including new text beginranked choice voting if applicable, and new text endthrough assistive
technology, and count the votes cast for all candidates and on all questions. Public notice
of the time and place of the test must be given at least two days in advance by publication
once in official newspapers. The test must be observed by at least two election judges, who
are not of the same major political party, and must be open to representatives of the political
parties, candidates, the press, and the public. The test must be conducted by (1) processing
a preaudited group of ballots punched or marked to record a predetermined number of valid
votes for each candidate and on each question, and must include for each office one or more
ballot cards which have votes in excess of the number allowed by law in order to test the
ability of the voting system tabulator and electronic ballot marker to reject those votes; and
(2) processing an additional test deck of ballots marked using the electronic ballot marker
for the precinct, including ballots marked using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker.new text begin If an
election is to be conducted using ranked choice voting, the equipment must also be tested
to ensure that each ranking for each candidate is recorded properly.
new text end

new text begin (b)new text end If any error is detected, the cause must be ascertained and corrected and an errorless
count must be made before the voting system may be used in the election.

new text begin (c)new text end After the completion of the test, the programs used and ballot cards must be sealed,
retained, and disposed of as provided for paper ballots.

Sec. 11.

Minnesota Statutes 2022, section 208.05, is amended to read:


208.05 STATE CANVASSING BOARD.

The State Canvassing Board at its meeting on the date provided in section 204C.33 shall
open and canvass the returns made to the secretary of state for presidential electors and
alternates, prepare a statement of the number of votes cast for the persons receiving votes
for these offices, and declare the person or persons receiving the highest number of votes
for each officenew text begin according to the tabulation procedure established in chapter 204E, if
applicable,
new text end duly electednew text begin, except that if the Agreement Among the States to Elect the President
by National Popular Vote governs the appointment of presidential electors, the State
Canvassing Board shall declare duly elected the candidates for presidential elector and
alternates identified in accordance with the provisions of that agreement
new text end. When it appears
that more than the number of persons to be elected as presidential electors or alternates have
the highest and an equal number of votes, the secretary of state, in the presence of the board
shall decide by lot which of the persons shall be declared electednew text begin, except that if the Agreement
Among the States to Elect the President by National Popular Vote governs the appointment
of presidential electors, no such drawing of lots shall be conducted
new text end. The governor shall
transmit to each person declared elected a certificate of election, signed by the governor,
sealed with the state seal, and countersigned by the secretary of state.new text begin If the Agreement
Among the States to Elect the President by National Popular Vote governs the appointment
of presidential electors and the election of presidential electors in this state is determined
by ranked choice voting, the final determination of the presidential vote count reported and
certified to the agreement's member states and to the federal government shall be the final
round votes received by each slate of candidates for the offices of President and Vice
President of the United States that received votes in the final round of statewide tabulation.
new text end

Sec. 12.

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 offices
new text end;

(2) ten days before the general election or special election; and

(3) 30 days after a general or special election.

ARTICLE 4

APPROPRIATION FOR LOCAL GOVERNMENTS

Section 1. new text beginRANKED CHOICE VOTING GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized costs. new text end

new text begin (a) A local government may apply for a grant to support
the following costs related to the implementation of ranked choice voting:
new text end

new text begin (1) equipment upgrades and associated professional consulting; and
new text end

new text begin (2) public education campaigns related to local use of ranked choice voting.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) The secretary of state may make a grant to a political
subdivision only after receiving an application from the political subdivision. 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 political subdivision;
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 type of voting system currently used in each precinct in the political subdivision
and whether the system's software functionality currently supports the implementation of
ranked choice voting;
new text end

new text begin (5) the total number of registered voters, as of the date of the application, in each precinct
in the political subdivision;
new text end

new text begin (6) the total amount of the grant requested, itemized by the purposes for which the grant
will be used;
new text end

new text begin (7) the total amount and source of the political subdivision's money to be used to match
a grant from the account;
new text end

new text begin (8) a certified statement by the political subdivision that the grant will be used only for
purposes authorized by this section; and
new text end

new text begin (9) any other information required by the secretary of state.
new text end

new text begin (b) The secretary of state must establish a deadline for receipt of grant applications, a
procedure for awarding and distributing grants, and a process for verifying the proper use
of the grants after distribution.
new text end

new text begin Subd. 3. new text end

new text begin Amount of grant. new text end

new text begin A local government is eligible to receive a grant of no more
than .... percent of the total cost of equipment upgrades and associated professional consulting
and .... percent of the total cost of public educational campaigns related to local use of ranked
choice voting. A local government may partner with and subgrant funding to third-party
entities to assist with a public education campaign. In evaluating the application, the secretary
of state shall consider only the information set forth in the application and is not subject to
Minnesota Statutes, chapter 14, including Minnesota Statutes, section 14.386. 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.
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 January 15, 2025, and annually
thereafter until the appropriations provided for grants under this section have been exhausted,
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 detail each grant
awarded, including the jurisdiction, the amount of the grant, and the type of equipment
purchased.
new text end

Sec. 2. new text beginAPPROPRIATION; LOCAL GRANTS.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the secretary of state
for costs associated with implementing this act. This appropriation is available until spent.
Of this amount, at least $....... must be distributed as grants to political subdivisions as
authorized by this article.
new text end