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SF 3537

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2022 08:57am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to elections; requiring people who register on election day to cast
provisional ballots; requiring voters with a challenged registration status to cast
provisional ballots; making technical and conforming changes; amending Minnesota
Statutes 2020, sections 201.061, subdivisions 1a, 3, 4; 201.091, subdivision 4;
201.121, subdivision 1; 201.225, subdivision 5; 203B.04, subdivision 4; 203B.07,
subdivision 3; 203B.081, subdivision 3; 204C.10; 204C.12, subdivision 2; 204C.32;
204C.33, subdivision 1; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03,
subdivision 4; 205A.10, subdivision 3; Minnesota Statutes 2021 Supplement,
sections 201.225, subdivision 2; 203B.08, subdivision 3; 203B.121, subdivision
2; proposing coding for new law in Minnesota Statutes, chapters 201; 204C;
repealing Minnesota Statutes 2020, sections 135A.17, subdivision 2; 201.061,
subdivision 7; 204C.12, subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 201.061, subdivision 1a, is amended to read:


Subd. 1a.

Incomplete registration by mail.

If deleted text beginthe county auditor determines thatdeleted text end a voter
deleted text begin whodeleted text end has submitted a voter registration application by mail deleted text beginhas not previously voted in this
state for a federal office and has also not presented a document authorized for election day
registration in section 201.061, subdivision 3,
deleted text end to the new text begincounty new text endauditor, and the county auditor
is unable to verify deleted text beginthe voter's driver's license, state identification, or last four digits of the
voter's Social Security number as provided by the voter on the voter registration application
deleted text endnew text begin
whether the voter is eligible to vote
new text end, then the county auditor must notify the voter that the
registration is incomplete and to complete registration by using one of the following methods:

(1) deleted text beginpresenting to the auditordeleted text endnew text begin submitting a completed voter registration applicationnew text end more
than 20 days before the election deleted text begina document authorized for election day registration in
section 201.061, subdivision 3
deleted text end;

(2) registering in person before or on election day;new text begin or
new text end

(3) if voting by absentee ballot or by mail, following election day registration procedures
for absentee voters as described in section 203B.04, subdivision 4deleted text begin; or
deleted text end

deleted text begin (4) providing proof of residence by any of the methods authorized for election day
registration in section 201.061, subdivision 3
deleted text end.

Sec. 2.

Minnesota Statutes 2020, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residencedeleted text begin, bydeleted text endnew text begin andnew text end completing a new text beginvoter new text endregistration applicationdeleted text begin, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:
deleted text endnew text begin.
new text end

deleted text begin (1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;
deleted text end

deleted text begin (2) presenting any document approved by the secretary of state as proper identification;
deleted text end

deleted text begin (3) presenting one of the following:
deleted text end

deleted text begin (i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or
deleted text end

deleted text begin (ii) a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or
deleted text end

deleted text begin (4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. A voter who is registered to vote in the precinct may sign
up to eight proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.
deleted text end

deleted text begin The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
deleted text end

deleted text begin (b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.
deleted text end

deleted text begin (c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as defined
in section 245A.02, subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28; setting
authorized to provide housing support as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly
or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
deleted text end

deleted text begin (d) For tribal band members, an individual may prove residence for purposes of
registering by:
deleted text end

deleted text begin (1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or
deleted text end

deleted text begin (2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
deleted text end new text begin For purposes of registration
under this subdivision, the voter registration application must be printed on or affixed to a
provisional ballot envelope and contain the information required by section 201.071,
subdivision 1. The application may be completed using an electronic roster and then printed
and affixed to the provisional ballot envelope. An individual who registers on election day
is entitled to cast a provisional ballot pursuant to section 204C.135.
new text end

deleted text begin (e)deleted text end new text begin(b) new text endA county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 3.

Minnesota Statutes 2020, section 201.061, subdivision 4, is amended to read:


Subd. 4.

Registration by election judges; procedures.

Registration at the polling place
on election day shall be conducted by the election judges. Before registering an individual
to vote at the polling place, the election judge must review any list of absentee election day
registrants provided by the county auditor or municipal clerk to see if the person has already
voted by absentee ballot. If the person's name appears on the list, the election judge must
not allow the individual to register or to vote in the polling place. The election judge who
registers an individual at the polling place on election day shall not handle that voter's ballots
at any time prior to the opening of the ballot box after the voting ends. Registration
applications deleted text beginand forms for oathsdeleted text end shall be available at each polling place. deleted text beginIf an individual
who registers on election day proves residence by oath of a registered voter, the form
containing the oath shall be attached to the individual's registration application. Registration
applications completed on election day shall be forwarded to the county auditor who shall
add the name of each voter to the registration system unless the information forwarded is
substantially deficient. A county auditor who finds an election day registration substantially
deficient shall give written notice to the individual whose registration is found deficient.
An election day registration shall not be found deficient solely because the individual who
provided proof of residence was ineligible to do so.
deleted text end

Sec. 4.

Minnesota Statutes 2020, section 201.091, subdivision 4, is amended to read:


Subd. 4.

Public information lists.

new text begin(a) new text endThe county auditor shall make available for
inspection a public information list which must contain the name, address, year of birth,
and voting history of each registered voter in the county. new text beginThe list must indicate each voter
whose status is challenged in the statewide voter registration system at the time the list was
prepared. For each voter, the list must include the history of each change in status and the
date that the change to that status was made. The list must also include individuals who
were previously registered but were removed or made inactive in the statewide voter
registration system, and the reason for the removal or inactivation.
new text end

The list must not include the party choice of any voter who voted in a presidential
nomination primary. The telephone number must be included on the list if provided by the
voter. The public information list may also include information on voting districts.

new text begin (b) new text endThe county auditor may adopt reasonable rules governing access to the list. No
individual inspecting the public information list shall tamper with or alter it in any manner.
No individual who inspects the public information list or who acquires a list of registered
voters prepared from the public information list may use any information contained in the
list for purposes unrelated to elections, political activities, or law enforcement. The secretary
of state may provide copies of the public information lists and other information from the
statewide registration system for uses related to elections, political activities, or in response
to a law enforcement inquiry from a public official concerning a failure to comply with any
criminal statute or any state or local tax statute.

new text begin (c) new text endBefore inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information from the public information
lists or the statewide registration system must be made and processed in the manner provided
in the rules of the secretary of state.

new text begin (d) new text endUpon receipt of a statement signed by the voter that withholding the voter's name
from the public information list is required for the safety of the voter or the voter's family,
the secretary of state and county auditor must withhold from the public information list the
name of a registered voter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to public
information lists created on or after that date. Information on status changes or individuals
removed from the statewide voter registration system collected prior to July 1, 2022, must
not be included on a public information list.
new text end

Sec. 5.

Minnesota Statutes 2020, section 201.121, subdivision 1, is amended to read:


Subdivision 1.

Entry of registration information.

(a) At the time a voter registration
application is properly completed, submitted, and received in accordance with sections
201.061 and 201.071, the county auditor shall enter the information contained on it into the
statewide registration system. Voter registration applications completed before election day
must be entered into the statewide registration system within ten days after they have been
submitted to the county auditor. Voter registration applications completed on election day
must be entered into the statewide registration system deleted text beginwithin 42deleted text endnew text begin as soon as possible, but no
later than three
new text end days after the electiondeleted text begin, unless the county auditor notifies the secretary of
state before the deadline has expired that the deadline will not be met. Upon receipt of a
notification under this paragraph, the secretary of state must extend the deadline for that
county auditor by an additional 28 days. The secretary of state may waive a county's
obligations under this paragraph if, on good cause shown, the county demonstrates its
permanent inability to comply
deleted text end.

deleted text begin The secretary of state must post data on each county's compliance with this paragraph on
the secretary of state's website including, as applicable, the date each county fully complied
or the deadline by which a county's compliance must be complete.
deleted text end

(b) Upon receiving a completed voter registration application, the secretary of state may
electronically transmit the information on the application to the appropriate county auditor
as soon as possible for review by the county auditor before final entry into the statewide
registration system. The secretary of state may mail the voter registration application to the
county auditor.

(c) Within ten days after the county auditor has entered information from a voter
registration application into the statewide registration system, the secretary of state shall
compare the voter's name, date of birth, and driver's license number, state identification
number, or the last four digits of the Social Security number with the same information
contained in the Department of Public Safety databasenew text begin. For applications received on election
day, this must be completed within three days after the county auditor or municipal clerk
has entered the information into the statewide voter registration system
new text end.

(d) The secretary of state shall provide a report to the county auditor on a weekly basis
that includes a list of voters whose name, date of birth, or identification number have been
compared with the same information in the Department of Public Safety database and cannot
be verified as provided in this subdivision. The report must list separately those voters who
have submitted a voter registration application by mail and have not voted in a federal
election in this statenew text begin. For the six days following an election, the secretary of state must
provide this report at least daily to county auditors and municipal clerks
new text end.

(e) The county auditor shall compile a list of voters for whom the county auditor and
the secretary of state are unable to conclude that information on the voter registration
application and the corresponding information in the Department of Public Safety database
relate to the same person.

(f) The county auditor shall send a notice of incomplete registration to any voter whose
name appears on the list and change the voter's status to "incomplete." A voter who receives
a notice of incomplete registration from the county auditor may either provide the information
required to complete the registration at least 21 days before the next election or at the polling
place on election day.

Sec. 6.

new text begin [201.146] NOTICE OF CHALLENGE; CONTEST.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of challenge. new text end

new text begin No later than seven days after changing the status
of a registrant in the statewide voter registration system pursuant to section 201.13,
subdivision 1, 201.14, or 201.145, the county auditor or municipal clerk must mail a notice
to the registrant. The notice must include, at a minimum, the following information:
new text end

new text begin (1) a statement that the voter's status was challenged or that a challenge was removed;
new text end

new text begin (2) the reason for the change;
new text end

new text begin (3) a copy of the information provided by the state agency or court that was the basis
for the change in status; and
new text end

new text begin (4) a description of the process to contest the change in status, as provided in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Contest. new text end

new text begin (a) An individual whose status was challenged in the statewide voter
registration system pursuant to section 201.13, subdivision 1, 201.14, or 201.145 has the
right to contest the challenge as provided in this section.
new text end

new text begin (b) To contest the challenge, the individual must file a contest petition with the named
entity. The petition must state the basis for the contest and provide any supporting
documentation. The individual may request a review meeting as part of the petition. The
meeting may be conducted by interactive video technology. The petition must be in a form
prescribed by the secretary of state.
new text end

new text begin (c) No later than seven days after receiving the contest petition, the named entity must
review the contest petition and any supporting documentation, as well as the data provided
to the secretary of state. If the individual requested a review meeting, the named entity must
schedule a meeting with the individual within 14 days after receiving the contest petition.
new text end

new text begin (d) After reviewing the required data, and after the review meeting if one occurred, the
named entity must determine whether the data is accurate or should be changed. If the named
entity determines that no change to the data is required, the named entity must notify the
individual. If the named entity determines that the data must be changed, the named entity
must promptly notify the individual and the secretary of state. Upon receiving the changed
data from the named entity, the secretary of state must promptly remove the challenged
status. If an individual disagrees with the decision of the named entity, the individual may
appeal to the district court.
new text end

new text begin (e) For purposes of this section, "named entity" means the entity listed in the notice as
required by subdivision 1, clause (3).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to individuals
who are challenged on or after that date, and applies to reports received by the secretary of
state on or after that date. The notices required by subdivision 1 must be sent to individuals
who are challenged in the statewide voter registration system pursuant to this section on or
after July 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2021 Supplement, section 201.225, subdivision 2, is amended
to read:


Subd. 2.

Technology requirements.

An electronic roster must:

(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;

(2) allow for data to be exported in a file format prescribed by the secretary of state;

(3) allow for data to be entered manually or by scanning a Minnesota driver's license or
identification card to locate a voter record or populate a voter registration application that
would be printed and signed and dated by the voterdeleted text begin. The printed registration application
can be either a printed form, labels printed with voter information to be affixed to a preprinted
form, or a combination of both
deleted text endnew text begin and affixed to the provisional ballot envelopenew text end;

(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;

(5) cue an election judge to ask for and input data that is not populated from a scanned
driver's license or identification card that is otherwise required to be collected from the voter
or an election judge;

(6) immediately alert the election judge if the voter has provided information that indicates
that the voter is not eligible to vote;

(7) immediately alert the election judge if the electronic roster indicates that a voter has
already voted in that precinct, the voter's registration status is challenged, or it appears the
voter resides in a different precinct;

(8) provide immediate instructions on how to resolve a particular type of challenge when
a voter's record is challenged;

(9) provide for a printed voter signature certificate, containing the voter's name, address
of residence, date of birth, voter identification number, the oath required by section 204C.10,
and a space for the voter's original signature. The printed voter signature certificate can be
either a printed form or a label printed with the voter's information to be affixed to the oath;

(10) contain only preregistered voters within the precinct, and not contain preregistered
voter data on voters registered outside of the precinct;

(11) be only networked within the polling location on election day, except for the purpose
of updating absentee ballot records;

(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Department of Information
Technology Services;

(13) be capable of providing a voter's correct polling place; and

(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.

Electronic rosters used only for election day registration do not need to comply with clauses
(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
to comply with clauses (4) and (5).

Sec. 8.

Minnesota Statutes 2020, section 201.225, subdivision 5, is amended to read:


Subd. 5.

Election day.

(a) Precincts may use electronic rosters for election day
registration, to process preregistered voters, or both. deleted text beginThe printed election day registration
applications must be reviewed when electronic records are processed in the statewide voter
registration system.
deleted text end The election judges shall determine the number of ballots to be counted
by counting the number of original voter signature certificates or the number of voter receipts.

(b) Each precinct using electronic rosters shall have a paper backup system approved
by the secretary of state present at the polling place to use in the event that the election
judges are unable to use the electronic roster.

Sec. 9.

Minnesota Statutes 2020, section 203B.04, subdivision 4, is amended to read:


Subd. 4.

Registration at time of application.

An eligible voter who is not registered
to vote but who is otherwise eligible to vote by absentee ballot may register by deleted text beginincludingdeleted text endnew text begin
submitting
new text end a completed voter registration application with the absentee ballot. deleted text beginThe individual
shall present proof of residence as required by section 201.061, subdivision 3, to the
individual who witnesses the marking of the absentee ballots
deleted text endnew text begin If the absentee ballot and voter
registration application are returned by mail, the voter registration must be placed into the
return envelope along with the signature envelope
new text end. A military voter, as defined in section
203B.01, may register in this manner if voting pursuant to sections 203B.04 to 203B.15, or
may register pursuant to sections 203B.16 to 203B.27.

Sec. 10.

Minnesota Statutes 2020, section 203B.07, subdivision 3, is amended to read:


Subd. 3.

Eligibility certificate.

A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the return envelope. The certificate shall contain space for
the voter's Minnesota driver's license number, state identification number, or the last four
digits of the voter's Social Security number, or to indicate that the voter does not have one
of these numbers. The space must be designed to ensure that the voter provides the same
type of identification as provided on the voter's absentee ballot application for purposes of
comparison. The certificate must also contain a statement to be signed and sworn by the
voter indicating that the voter meets all of the requirements established by law for voting
by absentee ballot and space for a statement signed by a person who is registered to vote in
Minnesota or by a notary public or other individual authorized to administer oaths stating
that:

(1) the ballots were displayed to that individual unmarked;new text begin and
new text end

(2) the voter marked the ballots in that individual's presence without showing how they
were marked, or, if the voter was physically unable to mark them, that the voter directed
another individual to mark themdeleted text begin; and
deleted text end

deleted text begin (3) if the voter was not previously registered, the voter has provided proof of residence
as required by section 201.061, subdivision 3
deleted text end.

Sec. 11.

Minnesota Statutes 2021 Supplement, section 203B.08, subdivision 3, is amended
to read:


Subd. 3.

Procedures on receipt of ballots.

new text begin(a) new text endWhen absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope deleted text beginanddeleted text endnew text begin. The county auditor must open the return envelope to determine if a voter
registration application is in the envelope. If a voter registration application is in the envelope,
the county auditor must remove the voter registration application. The county auditor must
reseal the return envelope, initial across the seal, and note that a voter registration application
was removed from the envelope. The county auditor must
new text end place deleted text beginitdeleted text endnew text begin all return envelopesnew text end in a
locked ballot container or other secured and locked space with other return envelopes
received by that office.new text begin Except for voter registration applications removed pursuant to this
section, all contents of the return envelope must remain in the return envelope until delivered
to the ballot board.
new text end

new text begin (b)new text end Within five days after receipt, the county auditor or municipal clerk shall deliver to
the ballot board all ballots received, except that during the 14 days immediately preceding
an election, the county auditor or municipal clerk shall deliver all ballots received to the
ballot board within three days. Ballots received on election day either (1) after 3:00 p.m.,
if delivered in person; or (2) after 8:00 p.m., if delivered by mail or a package delivery
service, shall be marked as received late by the county auditor or municipal clerk, and must
not be delivered to the ballot board.

new text begin (c) Upon removing the voter registration application as required by paragraph (a), the
county auditor must immediately process the voter registration application as provided in
section 201.121, subdivisions 1 and 2.
new text end

Sec. 12.

Minnesota Statutes 2020, 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 deleted text beginthedeleted text endnew text begin preregisterednew text end voters during the seven 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 name, address, and 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 the county
auditor, municipal clerk, or a deputy of the auditor or clerk.

new text begin (f) If a person is not preregistered to vote, the person must not be allowed to cast an
absentee ballot using the alternative procedure authorized by this subdivision.
new text end

Sec. 13.

Minnesota Statutes 2021 Supplement, 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 deleted text beginor has included a properly
completed voter registration application in the signature envelope
deleted text end;

(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and

(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the seventh day before the election, by absentee ballot.

The 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 e-mail to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.

(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.

(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.

Sec. 14.

Minnesota Statutes 2020, section 204C.10, is amended to read:


204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual is at least 18 years of age, a citizen of the United
States, has resided in Minnesota for 20 days immediately preceding the election, maintains
residence at the address shown, is not under a guardianship in which the court order revokes
the individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been discharged from
the sentence, is registered and has not already voted in the election. The roster must also
state: "I understand that deliberately providing false information is a felony punishable by
not more than five years imprisonment and a fine of not more than $10,000, or both."

(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.

(c) deleted text beginA judge may,deleted text end Before the applicant signs the roster or voter signature certificate, new text beginan
election judge must
new text endconfirm the applicant's name, address, and date of birth.new text begin If the voter's
registration status is challenged, the voter must not be allowed to sign the polling place
roster or a voter signature certificate, but must be allowed to cast an administrative-challenged
ballot or a verification-challenged ballot pursuant to section 204C.136. A voter must be
allowed to cast an administrative-challenged ballot if the basis of the challenge is:
new text end

new text begin (1) based on a death reported by the commissioner of health;
new text end

new text begin (2) a name change recorded with a court in state;
new text end

new text begin (3) a Minnesota court order revoking the person's right to vote or where the court has
found the person to be legally incompetent to vote;
new text end

new text begin (4) a felony conviction; or
new text end

new text begin (5) a temporary lawful status in the county based on a person's driver's license status.
new text end

new text begin A voter must be allowed to cast a verification-challenged ballot if the challenge is for any
other reason.
new text end

(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.

(e) deleted text beginWhenever a challenged status appears on the polling place roster,deleted text endnew text begin If a voter has a
challenged status in the statewide voter registration system at the time the roster was prepared,
the voter's challenged status must be indicated on the roster. The roster must also include
the basis for the challenge.
new text end An election judge must ensure that the challenge is concealed
or hidden from the view of any voter other than the voter whose status is challenged.

Sec. 15.

Minnesota Statutes 2020, section 204C.12, subdivision 2, is amended to read:


Subd. 2.

Statement of grounds; oath.

A challenger must be a resident of this state. The
secretary of state shall prepare a form that challengers must complete and sign when making
a challenge. The form must include space to state the ground for the challenge, a statement
that the challenge is based on the challenger's personal knowledge, and a statement that the
challenge is made under oath. The form must include a space for the challenger's printed
name, signature, telephone number, and address.

deleted text begin An election judge shall administer to the challenged individual the following oath:
deleted text end

deleted text begin "Do you solemnly swear (or affirm) that you will fully and truly answer all questions
put to you concerning your eligibility to vote at this election?"
deleted text end

deleted text begin The election judge shall then ask the challenged individual sufficient questions to test
that individual's residence and right to vote.
deleted text end

Sec. 16.

new text begin [204C.135] PROVISIONAL BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting provisional ballots. new text end

new text begin (a) A voter who registered on election day
pursuant to section 201.061, subdivision 3, is entitled to cast a provisional ballot.
new text end

new text begin (b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster or
a provisional voter signature certificate and complete a voter registration application. The
voter registration application may be completed by an electronic roster and affixed to the
provisional ballot envelope. The voter must also swear or affirm in writing that the voter is
eligible to vote, has not voted previously in the same election, and meets the criteria for
registering to vote in the precinct in which the voter appears.
new text end

new text begin (c) Once the voter has completed the provisional ballot envelope, the voter must be
allowed to cast a provisional ballot. The provisional ballot must be in the same form as the
official ballot available in the precinct on election day. A completed provisional ballot shall
be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's
provisional ballot envelope and deposited by the voter in a secure, sealed provisional ballot
box. Completed provisional ballots must not be combined with other voted ballots in the
polling place.
new text end

new text begin (d) The secretary of state must prescribe the form of the secrecy and provisional ballot
envelopes. The provisional ballot envelope must be a color other than that provided for
absentee ballot envelopes or challenged ballot envelopes and must be prominently labeled
"Provisional Ballot Envelope."
new text end

new text begin (e) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.
new text end

new text begin Subd. 2. new text end

new text begin Accepting or rejecting provisional ballot envelopes. new text end

new text begin (a) Within seven days
after the election, two or more election judges that are affiliated with different major political
parties must process each applicant's registration application as provided by section 201.121,
subdivisions 1 and 2. If more than two election judges are processing registration applications,
the party balance requirements of section 204B.19, subdivision 5, apply. All election judges
processing voter registration applications must have a major political party affiliation. If
the applicant is registered to vote, then the election judges must determine if the voter's
status is challenged in the statewide voter registration system. If the voter's status is
challenged, the provisional ballot must not be accepted but must be processed as a challenged
ballot as provided in section 204C.136, subdivision 2. If the ballot will be treated as a
verification-challenged ballot, the election judges must attempt to contact the voter to inform
the voter they must appear in person to prove their eligibility to vote before their ballot will
be counted. If the applicant is registered to vote and the voter's status is not challenged in
the statewide voter registration system, that voter's provisional ballot envelope must be
accepted. The election judges must mark the provisional ballot envelope "Accepted" and
initial or sign the envelope below the word "Accepted." If the applicant is not registered to
vote, the provisional ballot envelope must be rejected. If a provisional ballot envelope is
rejected, the election judges must mark the provisional ballot envelope "Rejected," initial
or sign it below the word "Rejected," and list the reason for rejection on the envelope. The
election judges must promptly record in the statewide voter registration system that a voter's
provisional ballot envelope has been accepted or rejected.
new text end

new text begin (b) The county auditor or municipal clerk must mail the voter a written notice of
provisional ballot rejection between six and ten weeks following the election. The notice
must include the reason for rejection and the name of the appropriate election official to
whom the voter may direct further questions, along with appropriate contact information.
new text end

new text begin (c) A provisional ballot envelope marked "Rejected" may not be opened or subject to
further review except in an election contest filed pursuant to chapter 209.
new text end

new text begin Subd. 3. new text end

new text begin Provisional ballots; reconciliation. new text end

new text begin On the seventh day after the election and
prior to counting any provisional ballots in the final vote totals from a precinct, the two or
more election judges that are affiliated with different major political parties must verify that
the number of signatures appearing on the provisional ballot roster from that precinct is
equal to or greater than the number of provisional ballots submitted by voters in the precinct
on election day. If more than two election judges are reconciling ballots, the party balance
requirements of section 204B.19, subdivision 5, apply. All election judges must have a
major political party affiliation. Any discrepancy must be resolved before the provisional
ballots from the precinct may be counted. Excess provisional ballots must be randomly
withdrawn from the accepted provisional ballots in the manner required by section 204C.20,
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Counting provisional ballots. new text end

new text begin Once the reconciliation process required by
subdivision 3 is completed, accepted provisional ballot envelopes must be opened; duplicated
as needed in the manner provided in section 206.86, subdivision 5; initialed by the election
judges; and deposited in the appropriate ballot box. If more than one ballot is enclosed in
the ballot envelope, the ballots must be spoiled and must not be counted.
new text end

Sec. 17.

new text begin [204C.136] CHALLENGED BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting challenged ballots. new text end

new text begin (a) A voter whose registration status is
challenged is entitled to cast a challenged ballot. A voter must be allowed to cast an
administrative-challenged ballot if the basis of the challenge is:
new text end

new text begin (1) based on a death reported by the commissioner of health;
new text end

new text begin (2) a name change recorded with a court in state;
new text end

new text begin (3) a Minnesota court order revoking the person's right to vote or where the court has
found the person to be legally incompetent to vote;
new text end

new text begin (4) a felony conviction; or
new text end

new text begin (5) a temporary lawful status in the county based on a person's driver's license status.
new text end

new text begin A voter must be allowed to cast a verification-challenged ballot if the challenge is for any
other reason. For purposes of this section, both types of challenged ballots are handled in
the same manner except where otherwise specified.
new text end

new text begin (b) A voter seeking to cast a challenged ballot must sign a challenged ballot roster or a
challenged voter signature certificate and complete a challenged ballot envelope. The roster
must indicate whether the voter is provided with an administrative-challenged ballot or a
verification-challenged ballot. The envelope must contain a space for the voter to list the
voter's name, address of residence, date of birth, voter identification number, and any other
information prescribed by the secretary of state. The voter must also swear or affirm, in
writing, that the voter is eligible to vote, has not voted previously in the same election, and
meets the criteria for registering to vote in the precinct in which the voter appears.
new text end

new text begin (c) Once the voter has completed the challenged ballot envelope, the voter must be
allowed to cast a challenged ballot. The challenged ballot must be in the same form as the
official ballot available in the precinct on election day. A completed challenged ballot shall
be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's
challenged ballot envelope and deposited by the voter in a secure, sealed challenged ballot
box. There must be separate ballot boxes for administrative-challenged ballot envelopes
and verification-challenged ballot envelopes. Completed challenged ballots may not be
combined with other voted ballots in the polling place.
new text end

new text begin (d) The form of the secrecy and challenged ballot envelopes shall be prescribed by the
secretary of state. The administrative-challenged ballot envelopes and verification-challenged
ballot envelopes must be different colors and must be a color other than that provided for
absentee ballot envelopes or provisional ballot envelopes and must be prominently labeled
"Administrative-Challenged Ballot Envelope" or "Verification-Challenged Ballot Envelope."
new text end

new text begin (e) Challenged ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.
new text end

new text begin Subd. 2. new text end

new text begin Accepting or rejecting challenged ballot envelopes. new text end

new text begin (a) This paragraph applies
to accepting or rejecting administrative-challenged ballot envelopes. Before the meeting of
the canvassing board, the two or more election judges that are affiliated with different major
political parties must accept or reject each challenged ballot. If more than two election
judges are processing registration applications, the party balance requirements of section
204B.19, subdivision 5, apply. All election judges processing voter registration applications
must have a major political party affiliation. The election judges must review the information
in the statewide voter registration system, required by section 201.145, subdivision 1, for
the date of the election. If the information shows that the voter was not challenged, or should
not have been challenged on that date and was otherwise eligible to vote, that voter's
challenged ballot must be accepted. The election judges must mark the challenged ballot
envelope "Accepted" and initial or sign the envelope below the word "Accepted." If a
challenged ballot envelope is not accepted, the election judges must mark the challenged
ballot envelope "Rejected," initial or sign it below the word "Rejected," and list the reason
for the rejection on the envelope. The election judges must promptly record in the statewide
voter registration system that a voter's challenged ballot has been accepted or rejected.
new text end

new text begin (b) This paragraph applies to accepting or rejecting verification-challenged ballot
envelopes. A voter who casts a verification-challenged ballot may personally appear at the
office of the county auditor or municipal clerk no later than seven calendar days following
the election to prove that the voter's challenged ballot should be counted. The county auditor's
office and the city clerk's office must be open for approving verification-challenged ballots
on the Saturday following the election for the hours prescribed in section 203B.085. The
voter must provide proof of eligibility to vote in the precinct where the voter cast the
verification-challenged ballot. Two or more election judges that are affiliated with different
major political parties must review the voter's proof of eligibility. If more than two election
judges are reviewing eligibility, the party balance requirements of section 204B.19,
subdivision 5, apply. All election judges processing voter registration applications must
have a major political party affiliation. The election judges must accept a challenged ballot
if the voter is able to provide satisfactory proof of the voter's eligibility. The election judges
must mark the challenged ballot envelope "Accepted" and initial or sign the envelope below
the word "Accepted." If a challenged ballot envelope is not accepted, the election judges
must mark the challenged ballot envelope "Rejected," initial or sign it below the word
"Rejected," and list the reason for the rejection on the envelope. The election judges must
promptly record in the statewide voter registration system that a voter's challenged ballot
has been accepted or rejected.
new text end

new text begin (c) The county auditor or municipal clerk must mail the voter a written notice of
challenged ballot rejection between six and ten weeks following the election. The notice
must include the reason for rejection and the name of the appropriate election official to
whom the voter may direct further questions, along with appropriate contact information.
new text end

new text begin (d) A challenged ballot envelope marked "Rejected" may not be opened or subject to
further review except in an election contest filed pursuant to chapter 209.
new text end

new text begin Subd. 3. new text end

new text begin Challenged ballots; reconciliation. new text end

new text begin Prior to counting any challenged ballots
in the final vote totals from a precinct, the two or more election judges that are affiliated
with different major political parties must verify that the number of signatures appearing
on the challenged ballot roster from that precinct is equal to or greater than the number of
challenged ballots submitted by voters in the precinct on election day. If more than two
election judges are reconciling ballots, the party balance requirements of section 204B.19,
subdivision 5, apply. All election judges must have a major political party affiliation. Any
discrepancy must be resolved before the challenged ballots from the precinct may be counted.
Excess challenged ballots to be counted must be randomly withdrawn in the manner required
by section 204C.20, subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Counting challenged ballots. new text end

new text begin Accepted challenged ballot envelopes must be
opened, duplicated as needed in the manner provided in section 206.86, subdivision 5,
initialed by the election judges, and deposited in the appropriate ballot box. If more than
one ballot is enclosed in the ballot envelope, the ballots must be spoiled and must not be
counted.
new text end

Sec. 18.

new text begin [204C.137] PROVISIONAL AND CHALLENGED BALLOTS; PUBLIC
INFORMATION LISTS.
new text end

new text begin On the eighth day after the election, the following information must be made available
for public inspection:
new text end

new text begin (1) the names of all voters who cast provisional ballots;
new text end

new text begin (2) the names of all voters whose provisional ballots were rejected;
new text end

new text begin (3) the names of all voters who cast challenged ballots and whether the ballot was an
administrative-challenged ballot or a verification-challenged ballot; and
new text end

new text begin (4) the names of all voters whose challenged ballots were rejected.
new text end

new text begin This information 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

Sec. 19.

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


204C.32 CANVASS OF STATE PRIMARIES.

Subdivision 1.

County canvass.

The county canvassing board shall meet at the county
auditor's office on deleted text begineither the second or thirddeleted text endnew text begin the tenthnew text end day following the state primary. After
taking the oath of office, the canvassing board shall publicly canvass the election returns
delivered to the county auditor. The board shall complete the canvass by the deleted text beginthirddeleted text endnew text begin tenthnew text end day
following the state primary and shall promptly prepare and file with the county auditor a
report that states:

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

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

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

(d) the names of the candidates of each major political party who are nominated; and

(e) the number of votes received by each of the candidates for nonpartisan office in each
precinct in the county and the names of the candidates nominated for nonpartisan office.

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

Subd. 2.

State canvass.

The State Canvassing Board shall meet at a public meeting
space located in the Capitol complex area deleted text beginsevendeleted text end new text begin14 new text enddays after the state primary to canvass
the certified copies of the county canvassing board reports received from the county auditors.
Immediately after the canvassing board declares the results, the secretary of state shall
certify the names of the nominees to the county auditors. The secretary of state shall mail
to each nominee a notice of nomination.

Sec. 20.

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


Subdivision 1.

County canvass.

The county canvassing board shall meet at the county
auditor's office between the deleted text beginthirddeleted text endnew text begin tenthnew text end and deleted text begintenthdeleted text endnew text begin 17thnew text end days following the state general
election. After taking the oath of office, the board shall promptly and publicly canvass the
general election returns delivered to the county auditor. Upon completion of the canvass,
the board shall promptly prepare and file with the county auditor a report which states:

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

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

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

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

(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to elections on
or after that date.
new text end

Sec. 21.

Minnesota Statutes 2020, section 205.065, subdivision 5, is amended to read:


Subd. 5.

Results.

The municipal primary shall be conducted and the returns made in the
manner provided for the state primary so far as practicable. deleted text beginThe canvass may be conducted
on either the second or third day after the primary.
deleted text end

The governing body of the municipality shall canvass the returnsnew text begin on the tenth day after
the primary
new text end, and the two candidates for each office who receive the highest number of votes,
or a number of candidates equal to twice the number of individuals to be elected to the
office, who receive the highest number of votes, shall be the nominees for the office named.
Their names shall be certified to the municipal clerk who shall place them on the municipal
general election ballot without partisan designation and without payment of an additional
fee.

Sec. 22.

Minnesota Statutes 2020, section 205.185, subdivision 3, is amended to read:


Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

(a) Between
the deleted text beginthirddeleted text endnew text begin tenthnew text end and deleted text begintenthdeleted text endnew text begin 17thnew text end days after an election, the governing body of a city conducting
any election including a special municipal election, or the governing body of a town
conducting the general election in November shall act as the canvassing board, canvass the
returns, and declare the results of the election. The governing body of a town conducting
the general election in March shall act as the canvassing board, canvass the returns, and
declare the results of the election within deleted text begintwodeleted text endnew text begin ninenew text end days after an election.

(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.

(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality
shall determine the result by lot. The clerk of the canvassing board shall certify the results
of the election to the county auditor, and the clerk shall be the final custodian of the ballots
and the returns of the election.

Sec. 23.

Minnesota Statutes 2020, section 205A.03, subdivision 4, is amended to read:


Subd. 4.

Results.

deleted text begin(a)deleted text end The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. deleted text beginIf the primary is
conducted:
deleted text end

deleted text begin (1) only within that school district, a canvass may be conducted on either the second or
third day after the primary; or
deleted text end

deleted text begin (2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b).
deleted text end

new text begin On the tenth day after the primary, new text endthe school board of the school district shall canvass
the returns, and the two candidates for each specified school board position who receive
the highest number of votes, or a number of candidates equal to twice the number of
individuals to be elected to at-large school board positions who receive the highest number
of votes, are the nominees for the office named. Their names must be certified to the school
district clerk who shall place them on the school district general election ballot without
partisan designation and without payment of an additional fee.

deleted text begin (b) Following a school district primary as described in paragraph (a), clause (2), a canvass
may be conducted on the second day after the primary if the county auditor of each county
in which the school district is located agrees to administratively review the school district's
primary voting statistics for accuracy and completeness within a time that permits the canvass
to be conducted on that day.
deleted text end

Sec. 24.

Minnesota Statutes 2020, section 205A.10, subdivision 3, is amended to read:


Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

Between the
deleted text begin thirddeleted text endnew text begin tenthnew text end and deleted text begintenthdeleted text endnew text begin 17thnew text end days after a school district election other than a recount of a special
election conducted under section 126C.17, subdivision 9, or 475.59, the school board shall
canvass the returns and declare the results of the election. After the time for contesting
elections has passed, the school district clerk shall issue a certificate of election to each
successful candidate. If there is a contest, the certificate of election to that office must not
be issued until the outcome of the contest has been determined by the proper court. If there
is a tie vote, the school board shall determine the result by lot. The clerk shall deliver the
certificate of election to the successful candidate by personal service or certified mail. The
successful candidate shall file an acceptance and oath of office in writing with the clerk
within 30 days of the date of mailing or personal service. A person who fails to qualify prior
to the time specified shall be deemed to have refused to serve, but that filing may be made
at any time before action to fill the vacancy has been taken. The school district clerk shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.

A school district canvassing board shall perform the duties of the school board according
to the requirements of this subdivision for a recount of a special election conducted under
section 126C.17, subdivision 9, or 475.59.

Sec. 25. new text beginPUBLIC AWARENESS CAMPAIGN; SECRETARY OF STATE.
new text end

new text begin The secretary of state must contract with a vendor to conduct a public awareness campaign
to encourage people to register to vote prior to election day. At a minimum, the vendor must
conduct the public awareness campaign in each even-numbered year from June 1 until the
voter registration period ends prior to the state general election. The secretary of state may
consult with the vendor in coordinating material related to the campaign, but the secretary,
the secretary's staff, and any other documents or materials promoting the Office of the
Secretary of State may not appear visually or audibly in any advertising or promotional
items disseminated by the vendor as part of the public awareness campaign.
new text end

Sec. 26. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 135A.17, subdivision 2; 201.061, subdivision 7; and
204C.12, subdivision 3,
new text end new text begin are repealed.
new text end

Sec. 27. new text beginEFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this act is effective January 1, 2023, and applies to elections
on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-06150

135A.17 PROVISIONS TO FACILITATE VOTING.

Subd. 2.

Residential housing list.

All postsecondary institutions that enroll students accepting state or federal financial aid may prepare a current list of students enrolled in the institution and residing in the institution's housing or within ten miles of the institution's campus. The list shall include each student's current address. The list shall be certified and sent to the appropriate county auditor or auditors for use in election day registration as provided under section 201.061, subdivision 3. A residential housing list provided under this subdivision may not be used or disseminated by a county auditor or the secretary of state for any other purpose.

201.061 REGISTRATION ON OR BEFORE ELECTION DAY.

Subd. 7.

Record of attempted registrations.

The election judge responsible for election day registration shall attempt to keep a record of the number of individuals who attempt to register on election day but who cannot provide proof of residence as required by this section. The record shall be forwarded to the county auditor with the election returns for that precinct.

204C.12 CHALLENGES TO VOTERS; PENALTY.

Subd. 3.

Determination of residence.

In determining the legal residence of a challenged individual, the election judges shall be governed by the principles contained in section 200.031. If the challenged individual's answers to the questions show ineligibility to vote in that precinct, the individual shall not be allowed to vote. If the individual has marked ballots but not yet deposited them in the ballot boxes before the election judges determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened with the spoiled ballots. If the answers to the questions fail to show that the individual is not eligible to vote in that precinct and the challenge is not withdrawn, the election judges shall verbally administer the oath on the voter certificate to the individual. After taking the oath and completing and signing the voter certificate, the challenged individual shall be allowed to vote.