SF 3818

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/03/2024 10:54am

A bill for an act
relating to elections; modifying various provisions related to election administration;
modifying voter registration requirements; amending requirements related to voting
instructions and sample ballots; amending requirements relating to tabulating votes
and tabulation equipment; amending the timeline for notification provided to
counties of certain elections; amending recount threshold requirements; restricting
use of public voter information list; amending canvassing timelines; providing a
separate process for presidential election contests; amending the notice of
restoration of rights; amending Minnesota Statutes 2022, sections 201.071,
subdivision 3; 204C.20, subdivision 1, by adding a subdivision; 204C.33,
subdivision 1; 204C.35, subdivisions 1, 2, by adding a subdivision; 204C.36,
subdivisions 2, 3; 205.16, subdivisions 4, 5; 205A.05, subdivision 3; 205A.07,
subdivisions 3, 3b; 205A.11, subdivision 2; 206.89, subdivisions 2, 3, 5, 6; 208.06;
208.44; 208.47; 209.01, subdivision 2; 447.32, subdivision 3; Minnesota Statutes
2023 Supplement, sections 201.061, subdivisions 3, 3a; 201.071, subdivision 1;
201.091, subdivision 4; 204B.09, subdivision 3; 204B.16, subdivision 1; 204B.295,
subdivisions 1, 2, 3, by adding a subdivision; 204C.24, subdivision 1; 204C.33,
subdivision 3; 206.61, subdivision 1; 243.205, by adding a subdivision; proposing
coding for new law as Minnesota Statutes, chapter 209A; repealing Minnesota
Statutes 2023 Supplement, section 243.205, subdivision 3.

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

Section 1.

Minnesota Statutes 2023 Supplement, 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 residence, by completing a registration application, 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:

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

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

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

(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.

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

(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.

(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; an assisted living facility licensed by the commissioner of health under chapter 144G; 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 10a; a shelter for battered women as defined in section 611A.37,
subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to
provide temporary living accommodations for the homeless; a facility where a provider
operates a residential treatment program as defined in section 245.462, subdivision 23; or
a facility where a provider operates an adult foster care program as defined in section
245A.02, subdivision 6c.

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

(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

(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.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 201.061, subdivision 3a, is amended
to read:

Subd. 3a.

Additional proofs of residence permitted for students.

(a) deleted text begin An eligible deleted text end new text begin If an
eligible voter's name; student identification number, if available; and address within the
precinct appear on a current residential housing list under section 135A.17 certified to the
county auditor by the postsecondary educational institution, the new text end voter may prove residence
by presenting a current valid photo identification issued by a postsecondary educational
institution in Minnesota deleted text begin if the voter's name; student identification number, if available; and
address within the precinct appear on a current residential housing list under section 135A.17,
certified to the county auditor by the postsecondary educational institution deleted text end new text begin ; identification
authorized in subdivision 3, paragraph (a), clause (1) or (2); or identification authorized in
subdivision 3, paragraph (d), clause (1) or (2) new text end .

(b) This additional proof of residence for students must not be allowed unless the
postsecondary educational institution submits to the county auditor no later than 60 days
prior to the election a written agreement that the postsecondary educational institution will
certify for use at the election accurate updated residential housing lists under section 135A.17.
A written agreement is effective for the election and all subsequent elections held in that
calendar year, including the November general election.

(c) The additional proof of residence for students must be allowed on an equal basis for
voters who reside in housing meeting the requirements of section 135A.17, if the residential
housing lists certified by the postsecondary educational institution meet the requirements
of this subdivision.

(d) An updated residential housing list must be certified to the county auditor no deleted text begin earlier deleted text end
new text begin later new text end than 20 days prior to each election. The certification must be dated and signed by the
chief officer or designee of the postsecondary educational institution and must state that the
list is current and accurate and includes only the names of persons residing new text begin in the institution's
housing and, for students who do not live in the institution's housing, that it reflects the
institution's records new text end as of the date of the certification.

(e) The county auditor shall instruct the election judges of the precinct in procedures for
use of the list in conjunction with photo identification. The auditor shall supply a list to the
election judges with the election supplies for the precinct.

(f) The county auditor shall notify all postsecondary educational institutions in the county
of the provisions of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 201.071, subdivision 1, is amended
to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; a box to indicate a voter's preference
to join the permanent absentee voter list; and voter's signature. new text begin The paper registration
application must provide a space for a voter to provide a physical description of the location
of their residence, if the voter resides in an area lacking a specific physical address. new text end The
paper registration application may include the voter's email address, if provided by the voter.
The electronic voter registration application must include the voter's email address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) am at least 16 years old and understand that I must be at least 18 years old to be
eligible to vote;

(2) am a citizen of the United States;

(3) will have maintained residence in Minnesota for 20 days immediately preceding
election day;

(4) maintain residence at the address new text begin or location new text end given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) am not currently incarcerated for a conviction of a felony offense; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Are you at least 16 years old and will you be at least 18 years old on or before the
day of the election in which you intend to vote?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 201.071, subdivision 3, is amended to read:

Subd. 3.

Deficient registration.

No voter registration application is deficient if it contains
the voter's name, address new text begin or location of residence new text end , date of birth, current and valid Minnesota
driver's license number or Minnesota state identification number, or if the voter has no
current and valid Minnesota driver's license or Minnesota state identification number, the
last four digits of the voter's Social Security number, if the voter has been issued a Social
Security number, prior registration, if any, and signature. The absence of a zip code number
does not cause the registration to be deficient. Failure to check a box on an application form
that a voter has certified to be true does not cause the registration to be deficient. The election
judges shall request an individual to correct a voter registration application if it is deficient
or illegible. No eligible voter may be prevented from voting unless the voter's registration
application is deficient or the voter is duly and successfully challenged in accordance with
section 201.195 or 204C.12.

A voter registration application accepted prior to August 1, 1983, is not deficient for
lack of date of birth. The county or municipality may attempt to obtain the date of birth for
a voter registration application accepted prior to August 1, 1983, by a request to the voter
at any time except at the polling place. Failure by the voter to comply with this request does
not make the registration deficient.

A voter registration application accepted before January 1, 2004, is not deficient for lack
of a valid Minnesota driver's license or state identification number or the last four digits of
a Social Security number. A voter registration application submitted by a voter who does
not have a Minnesota driver's license or state identification number, or a Social Security
number, is not deficient for lack of any of these numbers.

A voter registration application submitted electronically through the website of the
secretary of state prior to April 30, 2014, is not invalid as a result of its electronic submission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 201.091, subdivision 4, is amended
to read:

Subd. 4.

Public information lists.

new text begin (a) new text end The 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. Data on applicants submitted
pursuant to section 201.061, subdivision 1b, are not part of the public information list until
the voter is registered or has voting history. 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. The county auditor may adopt reasonable rules governing
access to the list.

new text begin (b) new text end 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 end Before 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 end Upon 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 (e) Notwithstanding paragraphs (b) and (c) and regardless of the purpose of the
publication, a recipient of a public information list must not:
new text end

new text begin (1) publish any of the information from the list on the Internet on any list, database, or
other similar searchable format; or
new text end

new text begin (2) sell, loan, provide access to, or otherwise surrender any information obtained from
the list to any person or entity, except that an individual who obtains the public information
list on behalf of an organization, entity, or political subdivision may distribute the information
to the organization's, entity's, or political subdivision's volunteers or employees for purposes
related to elections, political activities, or law enforcement in the case where the information
is provided 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. Nothing in this
section prohibits the preparation, use, or transfer, for purposes related to elections or political
activities, of a database that includes data obtained from the public information list which
is aggregated with data obtained from other sources provided that such database is used
exclusively for purposes related to elections or political activities and no information from
the list is published on the Internet. The prohibitions of this paragraph do not apply if the
subject of the information provides express written permission to use the subject's data in
a manner otherwise prohibited by this paragraph. For purposes of this paragraph, "publish"
means information is made available to the public or to individuals outside of the information
recipient's organization, entity, or political subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 204B.09, subdivision 3, is amended
to read:

Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request. The filing officer shall not accept a written request later than
5:00 p.m. on the last day for filing a written request.

(b) The governing body of a statutory or home rule charter city may adopt a resolution
governing the counting of write-in votes for local elective office. The resolution may:

(1) require the candidate to file a written request with the chief election official no later
than the seventh day before the city election if the candidate wants to have the candidate's
write-in votes individually recorded; or

(2) require that write-in votes for an individual candidate only be individually recorded
if the total number of write-in votes for that office is equal to or greater than the fewest
number of non-write-in votes for a ballot candidate.

If the governing body of the statutory or home rule charter city adopts a resolution authorized
by this paragraph, the resolution must be adopted new text begin and the city clerk must notify the county
auditor new text end before the first day of filing for office. A resolution adopted under this paragraph
remains in effect until a subsequent resolution on the same subject is adopted by the
governing body of the statutory or home rule charter city.

(c) The governing body of a township, school board, hospital district, park district, soil
and water district, or other ancillary elected district may adopt a resolution governing the
counting of write-in votes for local elective office. The resolution may require that write-in
votes for an individual candidate only be individually recorded if the total number of write-in
votes for that office is equal to or greater than the fewest number of non-write-in votes for
a ballot candidate. new text begin If a governing body adopts a resolution authorized by this paragraph,
the resolution must be adopted and the clerk must notify the county auditor before the first
day of filing for office. A resolution adopted under this paragraph remains in effect until a
subsequent resolution on the same subject is adopted by the governing body.
new text end

(d) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

(e) A candidate for governor who files a request under this subdivision must file jointly
with another individual seeking nomination as a candidate for lieutenant governor. A
candidate for lieutenant governor who files a request under this subdivision must file jointly
with another individual seeking nomination as a candidate for governor.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 204B.16, subdivision 1, is amended
to read:

Subdivision 1.

Authority; location.

(a) By December 31 of each year, the governing
body of each municipality and of each county with precincts in unorganized territory must
designate by ordinance or resolution any changes to a polling place location. A polling place
must be maintained deleted text begin for the following calendar year deleted text end unless changed new text begin in accordance with this
paragraph, or new text end :

(1) deleted text begin by ordinance or resolution by December 31 of the previous year;
deleted text end

deleted text begin (2) deleted text end pursuant to section 204B.175;

deleted text begin (3) deleted text end new text begin (2) new text end because a polling place has become unavailable;

deleted text begin (4) deleted text end new text begin (3) new text end because a township designates one location for all state, county, and federal
elections and one location for all township only elections; and

deleted text begin (5) deleted text end new text begin (4) new text end pursuant to section 204B.14, subdivision 3.

(b) Polling places must be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a school district and municipal
election held on the same day. The polling place for a precinct in a city or in a school district
located in whole or in part in the metropolitan area defined by section 200.02, subdivision
24, shall be located within the boundaries of the precinct or within one mile of one of those
boundaries unless a single polling place is designated for a city pursuant to section 204B.14,
subdivision 2, or a school district pursuant to section 205A.11. The polling place for a
precinct in unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available within a town or
within a school district located outside the metropolitan area defined by section 200.02,
subdivision 24, then the polling place for a town or school district may be located outside
the town or school district within five miles of one of the boundaries of the town or school
district.

Sec. 8.

Minnesota Statutes 2023 Supplement, section 204B.295, subdivision 1, is amended
to read:

Subdivision 1.

Duty.

The secretary of state or county auditor must contract with a
translator certified by the American Translators Association to develop voting instructions
and sample ballots in languages other than English, to be made available in polling places
during elections as required by this section. At a minimum, the secretary of state must
prepare voting instructions and make the instructions available in polling places in the three
most commonly spoken non-English languages in the state as determined by the state
demographer for the previous calendar year. new text begin For state elections, new text end the secretary of state must
prepare and provide example ballots to county auditors and post voting instructions in print,
electronic, and audio-visual formats, on the secretary of state's website in at least the three
most commonly spoken non-English languages in the state as determined by the state
demographer for the previous calendar year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 204B.295, subdivision 2, is amended
to read:

Subd. 2.

Designation of language minority districts.

deleted text begin No later than 90 days before an
election deleted text end new text begin By January 1 of each year new text end , the secretary of state or county auditor, in consultation
with the state demographer, must determine the percentage of residents in each census tract
who are members of a language minority and who lack sufficient skills in English to vote
without assistance. Language minority districts will be designated if three percent or more
of the population in a corresponding census tract speak English "less than very well"
according to the most recent census data. new text begin The secretary of state must maintain the list of
designated language minority districts on its website. new text end new text begin The state demographer must consider
the identified margin of error in the census data when identifying census tracts. Designations
made in January apply to elections for which absentee balloting begins on or after January
1 of each year and continue through the end of the calendar year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 204B.295, subdivision 3, is amended
to read:

Subd. 3.

Translation required; interpreter required.

(a) If the number of residents
determined under subdivision 2 equals three percent or more of a census tract, or if interested
citizens or organizations provide information that gives the secretary of state or county
auditor sufficient reason to believe a need exists, at least two copies of the translated voting
instructions and sample ballots must be provided to each precinct in that district during any
regular or special state election conducted in that district. new text begin If more than one language is
represented in three percent or more of residents as determined in subdivision 2, translated
materials must be provided in, at minimum, the highest determined language and any
language representing three percent or more of a census tract.
new text end

(b) If the number of residents determined under subdivision 2 equals 20 percent or more
of the population of a census tract, or if interested citizens or organizations provide
information that gives the secretary of state or county auditor sufficient reason to believe a
need exists, at least four copies of the translated voting instructions and sample ballots must
be provided to each precinct in that district during any regular or special state election
conducted in that district. new text begin If more than one language is represented in the 20 or more percent
of residents as determined in subdivision 2, translated materials must be provided in, at
minimum, the highest determined language and any language representing three percent or
more of a census tract. new text end In these precincts, the county auditor or municipal clerk must appoint
at least one interpreter to translate in a specified language if ten or more registered voters
in the precinct file a request for interpretive services for that language with the secretary of
state or county auditor at least 30 days prior to the date of the election. This interpreter must
wear a name tag or other badge indicating the interpreter's language certification. For
purposes of section 204C.06 and any other applicable law, an interpreter appointed under
this section is considered an election official and may be present in a polling place for the
purpose of conducting duties assigned by the county auditor or municipal clerk.

new text begin (c) The county auditor must maintain a list of the designated language minority districts
on its website, including the precinct name, languages that materials will be provided in,
and, if applicable, where interpreters will be provided and the language they speak. This
list must be posted no later than 90 days after receiving language minority district
designations under subdivision 2 and must be updated as it is determined that materials or
interpreters will be provided for additional districts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 204B.295, is amended by adding
a subdivision to read:

new text begin Subd. 5. new text end

new text begin Sample ballot format requirements. new text end

new text begin For the purposes of this section, sample
ballots must accurately reflect the offices, candidates, and rotation sequence on the ballots
used in that polling place. Sample ballots may deviate from other ballot formatting
requirements to the extent required to accommodate the translated content.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 12.

Minnesota Statutes 2022, section 204C.20, subdivision 1, is amended to read:

Subdivision 1.

Determination of proper number.

The election judges shall determine
the number of ballots to be counted by deleted text begin adding the number of return envelopes from accepted
absentee ballots to deleted text end new text begin tallying new text end the number of signed voter's certificates deleted text begin , deleted text end or deleted text begin to deleted text end the number of
names entered in the election register. The election judges shall then remove all the ballots
from the box. Without considering how the ballots are marked, the election judges shall
ascertain that each ballot is separate and shall count them to determine whether the number
of ballots in the box corresponds with the number of ballots to be counted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 13.

Minnesota Statutes 2022, section 204C.20, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Precincts with ballot tabulators. new text end

new text begin In precincts using ballot tabulators, once the
final count of ballots agrees with the number of ballots to be counted, election judges must
immediately prepare the summary statement in accordance with section 204C.24 and seal
the ballots in accordance with section 204C.25 for return to the county auditor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 204C.24, subdivision 1, is amended
to read:

Subdivision 1.

Information requirements.

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

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

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

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

(4) the number of voted ballots indicating only a voter's choices as provided by section
206.80, paragraph (b), clause (2), item (ii) new text begin , in precincts that use an assistive voting device
that produces this type of ballot new text end ;

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

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

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

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

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

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

Sec. 15.

Minnesota Statutes 2022, 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 third and deleted text begin tenth deleted text end new text begin eighth new 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.

Sec. 16.

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

Subd. 3.

State canvass.

The State Canvassing Board shall meet at a public meeting
space located in the Capitol complex area on the deleted text begin third Tuesday deleted text end new text begin 16th day new text end following the state
general election to canvass the certified copies of the county canvassing board reports
received from the county auditors and shall prepare a report that states:

(1) the number of individuals voting in the state and in each county;

(2) the number of votes received by each of the candidates, specifying the counties in
which they were cast; and

(3) the number of votes counted for and against each constitutional amendment, specifying
the counties in which they were cast.

new text begin If the 16th day falls on a state holiday, the canvassing board shall meet on the next business
day.
new text end

All members of the State Canvassing Board shall sign the report and certify its
correctness. Within three days after completing the canvass, the State Canvassing Board
shall declare the result and declare the candidates duly elected who received the highest
number of votes for each federal office and for each state office voted on in more than one
county.

Sec. 17.

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

Subdivision 1.

Publicly funded recounts.

(a) In a state primary when the difference
between the votes cast for the candidates for nomination to:

(1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that nomination or is ten votes or less and the total number of votes cast
for the nomination is 400 votes or less; or

(2) a statewide federal office, state constitutional office, statewide judicial office,
congressional office, or district judicial office is less than one-quarter of one percent of the
total number of votes counted for that nomination or is ten votes or less and the total number
of votes cast for the nomination is 400 votes or less;

and the difference determines the nomination, the canvassing board with responsibility for
declaring the results for that office shall manually recount the vote upon receiving a written
request from the candidate whose nomination is in question.

Immediately following the meeting of the board that has responsibility for canvassing
the results of the nomination, the filing officer must notify the candidate that the candidate
has the option to request a recount of the votes at no cost to the candidate. This written
request must be received by the filing officer no later than 5:00 p.m. on the second day after
the canvass of the primary for which the recount is being sought.

(b) In a state general election when the difference between the votes of a candidate who
would otherwise be declared elected to:

(1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that office or is ten votes or less and the total number of votes cast for the
office is 400 votes or less; or

(2) a statewide federal office, state constitutional office, statewide judicial office,
congressional office, or district judicial office and the votes of any other candidate for that
office is less than one-quarter of one percent of the total number of votes counted for that
office or is ten votes or less if the total number of votes cast for the office is 400 votes or
less,

the canvassing board shall manually recount the votes upon receiving a written request from
the candidate whose election is in question.

Immediately following the meeting of the board that has responsibility for canvassing
the results of the general election, the filing officer must notify the candidate that the
candidate has the option to request a recount of the votes at no cost to the candidate. deleted text begin This deleted text end new text begin
Except as provided in subdivision 2b, the new text end written request must be received by the filing
officer no later than 5:00 p.m. on the second day after the canvass of the election for which
the recount is being sought.

(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.

(d) Time for notice of a contest for an office which is recounted pursuant to this section
shall begin to run upon certification of the results of the recount by the canvassing board.

Sec. 18.

Minnesota Statutes 2022, section 204C.35, subdivision 2, is amended to read:

Subd. 2.

Discretionary candidate recounts.

(a) A losing candidate whose name was
on the ballot for nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office may request a recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the difference required by this section.
The votes shall be manually recounted as provided in this section if the candidate files a
request during the time for filing notice of contest of the primary or election for which a
recount is sought.

(b) 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. The requesting
candidate is responsible for the following expenses: the compensation of the secretary of
state, or designees, and any election judge, municipal clerk, county auditor, administrator,
or other personnel who participate in the recount; necessary supplies and travel related to
the recount; the compensation of the appropriate canvassing board and costs of preparing
for the canvass of recount results; and any attorney fees incurred in connection with the
recount by the governing body responsible for the recount.

(c) A discretionary recount of a primary must not delay delivery of the notice of
nomination to the winning candidate under section 204C.32.

(d) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

(e) The results of the recount must be certified by the canvassing board as soon as
possible.

(f) If the winner of the race is changed by the optional recount, the cost of the recount
must be paid by the jurisdiction conducting the recount.

(g) If a result of the vote counting in the manual recount is different from the result of
the vote counting reported on election day by a margin greater than deleted text begin the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, deleted text end new text begin two
votes and greater than one-quarter of one percent of the number of ballots counted, new text end the cost
of the recount must be paid by the jurisdiction conducting the recount.

Sec. 19.

Minnesota Statutes 2022, section 204C.35, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Recount for presidential electors. new text end

new text begin Any request for recount for the election
of presidential electors, whether publicly funded or discretionary, must be made by 5 p.m.
on the day after the canvass is completed. Any recount of votes under this section for the
election of presidential electors must be completed and certified by the canvassing board
no later than six days after the recount is requested.
new text end

Sec. 20.

Minnesota Statutes 2022, section 204C.36, subdivision 2, is amended to read:

Subd. 2.

Discretionary candidate recounts.

(a) A losing candidate for nomination or
election to a county, municipal, or school district office may request a recount in the manner
provided in this section at the candidate's own expense when the vote difference is greater
than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall be
manually recounted as provided in this section if the requesting candidate files with the
county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount
set by the governing body of the jurisdiction or the school board of the school district for
the payment of the recount expenses.

(b) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

(c) A discretionary recount of a primary must not delay delivery of the notice of
nomination to the winning candidate under section 204C.32.

(d) The results of the recount must be certified by the canvassing board as soon as
possible.

(e) If the winner of the race is changed by the optional recount, the cost of the recount
must be paid by the jurisdiction conducting the recount.

(f) If a result of the vote counting in the manual recount is different from the result of
the vote counting reported on election day by a margin greater than deleted text begin the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4 deleted text end new text begin two
votes and greater than one-quarter of one percent of the number of ballots recounted new text end , the
cost of the recount must be paid by the jurisdiction conducting the recount.

Sec. 21.

Minnesota Statutes 2022, section 204C.36, subdivision 3, is amended to read:

Subd. 3.

Discretionary ballot question recounts.

deleted text begin A recount may be conducted for a
ballot question when the difference between the votes for and the votes against the question
is less than or equal to the difference provided in subdivision 1. deleted text end A recount new text begin for a ballot
question new text end may be requested by any person eligible to vote on the ballot question. A written
request for a recount must be filed with the filing officer of the county, municipality, or
school district placing the question on the ballot and must be accompanied by a petition
containing the signatures of 25 voters eligible to vote on the question. Upon receipt of a
written request when the difference between the votes for deleted text begin and the votes against deleted text end the question
new text begin and the number required for passage new text end is less than or equal to the difference provided in
subdivision 1, the county auditor shall recount the votes for a county question at the expense
of the county, the governing body of the municipality shall recount the votes for a municipal
question at the expense of the municipality, and the school board of the school district shall
recount the votes for a school district question at the expense of the school district. If the
difference between the votes for deleted text begin and the votes against deleted text end the question new text begin and the number required
for passage new text end is greater than the difference provided in subdivision 1, the person requesting
the recount shall also file with the filing officer of the county, municipality, or school district
a bond, cash, or surety in an amount set by the appropriate governing body for the payment
of recount expenses. The written request, petition, and any bond, cash, or surety required
must be filed during the time for notice of contest for the election for which the recount is
requested.

Sec. 22.

Minnesota Statutes 2022, section 205.16, subdivision 4, is amended to read:

Subd. 4.

Notice to auditor.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every municipal election, the
municipal clerk shall provide a written notice to the county auditor, including the date of
the election, the offices to be voted on at the election, and the title and language for each
ballot question to be voted on at the election. At least deleted text begin 74 deleted text end new text begin 84 new text end days before every municipal
election, the municipal clerk must provide written notice to the county auditor of any special
election canceled under section 205.10, subdivision 6.

Sec. 23.

Minnesota Statutes 2022, section 205.16, subdivision 5, is amended to read:

Subd. 5.

Notice to secretary of state.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every municipal election
for which a notice is provided to the county auditor under subdivision 4, the county auditor
shall provide a notice of the election to the secretary of state, in a manner and including
information prescribed by the secretary of state.

Sec. 24.

Minnesota Statutes 2022, section 205A.05, subdivision 3, is amended to read:

Subd. 3.

Cancellation.

A special election ordered by the school board on its own motion
under subdivision 1 may be canceled by motion of the school board, but not less than deleted text begin 74 deleted text end new text begin
84 new text end days before deleted text begin an deleted text end new text begin any new text end election deleted text begin held in conjunction with a regularly scheduled election for
federal, state, county, city, or school board office or a special election for federal office, or
46 days before any other election deleted text end .

Sec. 25.

Minnesota Statutes 2022, section 205A.07, subdivision 3, is amended to read:

Subd. 3.

Notice to auditor.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every school district election, the
school district clerk shall provide a written notice to the county auditor of each county in
which the school district is located. The notice must include the date of the election, the
offices to be voted on at the election, and the title and language for each ballot question to
be voted on at the election. For the purposes of meeting the timelines of this section, in a
bond election, a notice, including a proposed question, may be provided to the county auditor
before receipt of a review and comment from the commissioner of education and before
actual initiation of the election. At least deleted text begin 74 deleted text end new text begin 84 new text end days before every school district election,
the school district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.

Sec. 26.

Minnesota Statutes 2022, section 205A.07, subdivision 3b, is amended to read:

Subd. 3b.

Notice to secretary of state.

At least deleted text begin 74 deleted text end new text begin 84 new text end days before every school district
election for which a notice is provided to the county auditor under subdivision 3, the county
auditor shall provide a notice of the election to the secretary of state, in a manner and
including information prescribed by the secretary of state.

Sec. 27.

Minnesota Statutes 2022, section 205A.11, subdivision 2, is amended to read:

Subd. 2.

Combined polling place.

(a) When no other election is being held in a school
district, the school board may designate combined polling places at which the voters in
those precincts may vote in the school district election.

(b) By December 31 of each year, the school board must designate, by resolution, new text begin any
changes to new text end combined polling places. The combined polling places designated in the resolution
are the polling places deleted text begin for the following calendar year deleted text end , unless a change is made new text begin in accordance
with this paragraph or new text end :

(1) pursuant to section 204B.175; or

(2) because a polling place has become unavailable.

(c) If the school board designates combined polling places pursuant to this subdivision,
polling places must be designated throughout the district, taking into account both
geographical distribution and population distribution. A combined polling place must be at
a location designated for use as a polling place by a county or municipality.

(d) In school districts that have organized into separate board member election districts
under section 205A.12, a combined polling place for a school general election must be
arranged so that it does not include more than one board member election district.

Sec. 28.

Minnesota Statutes 2023 Supplement, section 206.61, subdivision 1, is amended
to read:

Subdivision 1.

Official responsible for providing ballots.

(a) The official charged with
providing paper ballots when they are used shall provide all ballot cards, sample ballots,
precinct summary statements, and other necessary supplies needed for electronic voting
systems, except as otherwise provided by this section.

(b) At general elections and primaries the county auditor of each county in which an
electronic voting system is used shall provide all ballot cards and other necessary printed
forms and supplies needed for the electronic voting system, including all forms needed for
voting on candidates and questions, the ballots for which are required by the election laws
to be provided by the state when paper ballots are used.

(c) In precincts using a ballot format as provided by section 206.80, paragraph (b), clause
(2), item (ii), voters must be provided the option of voting with a regularly printed optical
scan ballot new text begin or paper ballot in precincts that hand count ballots new text end .

Sec. 29.

Minnesota Statutes 2022, section 206.89, subdivision 2, is amended to read:

Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the county
canvassing board in each county must set the date, time, and place for the postelection
review of the state general election to be held under this section. The postelection review
must not begin before the deleted text begin 11th deleted text end new text begin eighth new text end day after the state general election and must be
complete no later than the deleted text begin 18th deleted text end new text begin 12th new text end day after the state general election.

At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. The ballots to be reviewed for a precinct include both
the ballots counted at the polling place for that precinct and the absentee ballots counted
centrally by a ballot board for that precinct. The county canvassing board of a county with
fewer than 50,000 registered voters must conduct a postelection review of a total of at least
two precincts. The county canvassing board of a county with between 50,000 and 100,000
registered voters must conduct a review of a total of at least three precincts. The county
canvassing board of a county with over 100,000 registered voters must conduct a review
of a total of at least four precincts, or three percent of the total number of precincts in the
county, whichever is greater. At least one precinct selected in each county must have had
more than 150 votes cast at the general election.

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office website.

Sec. 30.

Minnesota Statutes 2022, section 206.89, subdivision 3, is amended to read:

Subd. 3.

Scope and conduct of review.

The county canvassing board shall appoint the
postelection review official as defined in subdivision 1. The postelection review must be
conducted of the votes cast for president or governor; United States senator; and United
States representative. The postelection review official may conduct postelection review of
the votes cast for additional offices.

The postelection review must be conducted in public at the location where the voted
ballots have been securely stored after the state general election or at another location chosen
by the county canvassing board. The postelection review official for each precinct selected
must conduct the postelection review and may be assisted by election judges designated by
the postelection review official for this purpose. The party balance requirement of section
204B.19 applies to election judges designated for the review. The postelection review must
consist of a manual count of the ballots used in the precincts selected and must be performed
in the manner provided by section 204C.21. The postelection review must be conducted in
the manner provided for recounts under section 204C.361 to the extent practicable. The
review must be completed no later than deleted text begin two days deleted text end new text begin one day new text end before the meeting of the state
canvassing board to certify the results of the state general election.

Sec. 31.

Minnesota Statutes 2022, section 206.89, subdivision 5, is amended to read:

Subd. 5.

Additional review.

(a) If the postelection review in one of the reviewed precincts
reveals a difference greater than the thresholds specified in subdivision 4, the postelection
review official must, within deleted text begin two days deleted text end new text begin one day new text end , conduct an additional review of the races
indicated in subdivision 3 in at least three precincts in the same jurisdiction where the
discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, the
county auditor must immediately publicly select by lot at least three additional precincts
for review. The postelection review official must complete the additional review within deleted text begin two
days deleted text end new text begin one day new text end after the precincts are selected and report the results immediately to the county
auditor. If the second review in any of the reviewed precincts also indicates a difference in
the vote totals compiled by the voting system that is greater than the thresholds specified
in subdivision 4, the county auditor must conduct a review of the ballots from all the
remaining precincts in the county for the races indicated in subdivision 3. This review must
be completed and the results must be reported to the secretary of state within deleted text begin one week deleted text end new text begin six
days new text end after the second review was completed.

(b) If the results from the countywide reviews from one or more counties comprising in
the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the secretary of state must notify
the postelection review official of each county in the district that they must conduct manual
recounts of all the ballots in the district for the affected office using the procedure outlined
in section 204C.35. The recount must be completed and the results reported to the appropriate
canvassing board within deleted text begin two weeks deleted text end new text begin one week new text end after the postelection review official received
notice from the secretary of state.

Sec. 32.

Minnesota Statutes 2022, section 206.89, subdivision 6, is amended to read:

Subd. 6.

Report of results.

Upon completion of the postelection review, the postelection
review official must immediately report the results to the county auditor. The county auditor
must then immediately submit the results of the postelection review electronically or in
writing to the secretary of state not later than deleted text begin two days deleted text end new text begin one day new text end before the State Canvassing
Board meets to canvass the state general election. The secretary of state shall report the
results of the postelection review at the meeting of the State Canvassing Board to canvass
the state general election.

Sec. 33.

Minnesota Statutes 2022, section 208.06, is amended to read:

208.06 ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL.

The presidential electors and alternate presidential electors, before 12:00 M. on the day
before that fixed by Congress for the electors to vote for president and vice president of the
United States, shall notify the governor that they are at the State Capitol and ready at the
proper time to fulfill their duties as electors. The governor new text begin or the governor's designee new text end shall
deliver to the electors present a certificate of the names of all the electors. The electors shall
meet at 12:00 p.m. in the deleted text begin executive chamber of the deleted text end State Capitol deleted text begin and deleted text end new text begin . The electors new text end shall
perform all the duties imposed upon them as electors by the Constitution and laws of the
United States and this state in the manner provided in section 208.46.

Sec. 34.

Minnesota Statutes 2022, section 208.44, is amended to read:

208.44 CERTIFICATION OF ELECTORS.

In submitting this state's certificate of ascertainment as required by United States Code,
title 3, section deleted text begin 6 deleted text end new text begin 5 new text end , the governor shall certify this state's electors and state in the certificate
that:

(1) the electors will serve as electors unless a vacancy occurs in the office of elector
before the end of the meeting at which elector votes are cast, in which case a substitute
elector will fill the vacancy; and

(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
amended certificate of ascertainment stating the names on the final list of this state's electors.

Sec. 35.

Minnesota Statutes 2022, section 208.47, is amended to read:

208.47 ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.

(a) After the vote of this state's electors is completed, if the final list of electors differs
from any list that the governor previously included on a certificate of ascertainment prepared
and transmitted under United States Code, title 3, section deleted text begin 6 deleted text end new text begin 5 new text end , the secretary of state
immediately shall prepare an amended certificate of ascertainment and transmit it to the
governor for the governor's signature.

(b) The governor immediately shall deliver the signed amended certificate of
ascertainment to the secretary of state and a signed duplicate original of the amended
certificate of ascertainment to all individuals entitled to receive this state's certificate of
ascertainment, indicating that the amended certificate of ascertainment is to be substituted
for the certificate of ascertainment previously submitted.

(c) The secretary of state shall prepare a certificate of vote. The electors on the final list
shall sign the certificate. The secretary of state shall process and transmit the signed certificate
with the amended certificate of ascertainment under United States Code, title 3, sections 9,
10, and 11.

Sec. 36.

Minnesota Statutes 2022, section 209.01, subdivision 2, is amended to read:

Subd. 2.

Statewide office.

For purposes of this chapter, "statewide office" means the
office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
chief justice or associate justice of the supreme court, judge of the court of appeals, new text begin or new text end United
States senator deleted text begin , or presidential elector or alternate deleted text end .

Sec. 37.

new text begin [209A.01] DEFINITIONS.
new text end

new text begin The definitions in chapter 200 apply to this chapter.
new text end

Sec. 38.

new text begin [209A.02] CONTESTANT; GROUNDS.
new text end

new text begin Any eligible voter, including a candidate, wishing to contest the election of the
presidential elector or alternate in the courts of this state whether over an irregularity in the
conduct of an election or canvass of votes, the question of who received the largest number
of votes legally cast, on the grounds of deliberate, serious, and material violations of
Minnesota election law, or any other ground must do so according to this chapter.
new text end

Sec. 39.

new text begin [209A.03] NOTICE OF CONTEST.
new text end

new text begin Subdivision 1. new text end

new text begin Manner; time; contents. new text end

new text begin Service of a notice of contest must be made
in the same manner as the service of summons in civil actions. The notice of contest must
specify the grounds on which the contest will be made. The contestant shall serve notice of
the contest on the parties enumerated in this section. Notice must be served and filed on or
before 5:00 p.m. one day after the canvass is completed, except that if the election is being
recounted pursuant to section 204C.35, the time for notice of a contest shall begin to run
upon certification of the results of the recount by the canvassing board.
new text end

new text begin Subd. 2. new text end

new text begin Notice filed with court. new text end

new text begin The contestant shall file the notice of contest under
this section with the supreme court.
new text end

new text begin Subd. 3. new text end

new text begin Notice served on parties. new text end

new text begin The notice of contest must be served on all candidates
for the office and on any other party as required by the court. A copy must also be furnished
to the governor and secretary of state. If personal or substituted service on any party cannot
be made, an affidavit of the attempt by the person attempting to make service and the
affidavit of the person who sent a copy of the notice to the contestee by certified mail is
sufficient to confer jurisdiction upon the court to decide the contest.
new text end

Sec. 40.

new text begin [209A.04] CONTESTEE'S ANSWER.
new text end

new text begin Subdivision 1. new text end

new text begin Contest of vote count. new text end

new text begin If a notice of contest questions only which of the
parties to the contest received the highest number of votes legally cast at the election, the
contestee need not file an answer, unless the contestee desires to raise issues not specified
in the notice of contest.
new text end

new text begin Subd. 2. new text end

new text begin Other contests. new text end

new text begin For all other election contests the contestee's answer to the
notice of contest must be filed and served on all candidates for the office and on any other
party as required by the court. A copy must also be furnished to the governor and secretary
of state. The answer must so far as practicable conform to the rules for pleading in civil
actions. Service and filing of the answer must be made two days after service of the notice
of contest. The contestee's answer must be served in the same manner as the answer in a
civil action or in the manner the court may order. Any other notices must be served in the
manner and within the times the court may order.
new text end

Sec. 41.

new text begin [209A.05] VENUE.
new text end

new text begin The court for the election contest of presidential electors shall be the supreme court.
new text end

Sec. 42.

new text begin [209A.06] GUARDING AND INSPECTING THE BALLOTS.
new text end

new text begin The provisions of sections 209.05 and 209.06 apply to election contests filed under this
section. The chief justice of the supreme court shall appoint any inspectors required under
this section.
new text end

Sec. 43.

new text begin [209A.07] PLEADINGS; PROCEDURE.
new text end

new text begin The notice of contest and any answer are the pleadings in the case and may be amended
in the discretion of the supreme court. The contest proceedings must be brought as soon as
practicable. The court shall proceed in the manner provided for the trial of civil actions so
far as practicable, but must issue its decision at least one day before the deadline to submit
the certificate of ascertainment as required under the laws of the United States.
new text end

Sec. 44.

new text begin [209A.08] RESULTS OF CONTEST.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin When the court decides an election contest under this chapter,
the court may invalidate and revoke any election certificate which has been issued to a
presidential elector. If the contest involved an error in the counting of ballots, the official
authorized to issue the certificate of election shall issue the certificate to the person entitled
to it, but if a contestant succeeds in a contest where there is no question as to which of the
candidates received the highest number of votes cast at the election, the contestant is not,
by reason of the disqualification of the contestee, entitled to the certificate of election.
new text end

new text begin Subd. 2. new text end

new text begin Defective ballots. new text end

new text begin In a contested election, if the court decides that a serious
and material defect in the ballots used changed the outcome of the election, the election
must be declared invalid.
new text end

new text begin Subd. 3. new text end

new text begin Costs of contest. new text end

new text begin If the contestee succeeds, costs of the contest must be paid
by the contestant. If the contestant succeeds, costs of the contest must be paid by the
contestee, except that if the contestee loses because of an error in the counting of ballots or
canvass of the returns or because of any other irregularity in the election procedure, costs
must be paid, in the discretion of the judge, by the election jurisdictions responsible for
errors which resulted in the reversal of the prior results of the election.
new text end

Sec. 45.

Minnesota Statutes 2023 Supplement, section 243.205, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must include all of the
following information:
new text end

new text begin (1) the statement "Your right to vote has been restored.";
new text end

new text begin (2) a statement that says the person is eligible to vote if the person meets the eligibility
requirements;
new text end

new text begin (3) a list of the eligibility requirements to vote;
new text end

new text begin (4) a statement that a voter registration application is attached to the notice and
information on all the ways to register to vote;
new text end

new text begin (5) information on where to find a list of documents to be used to provide current proof
of residence;
new text end

new text begin (6) the statement "If you violate the conditions of release, the commissioner may revoke
your release after due process and reimprison you. If that occurs, your right to vote is lost
again while you are in prison."; and
new text end

new text begin (7) information on where the person may find more information about voting rights.
new text end

Sec. 46.

Minnesota Statutes 2022, section 447.32, subdivision 3, is amended to read:

Subd. 3.

Election notices.

At least two weeks before the first day to file affidavits of
candidacy, the clerk of the district shall publish a notice stating the first and last day on
which affidavits of candidacy may be filed, the places for filing the affidavits and the closing
time of the last day for filing. The clerk shall post a similar notice in at least one conspicuous
place in each city and town in the district at least ten days before the first day to file affidavits
of candidacy.

At least deleted text begin 74 deleted text end new text begin 84 new text end days prior to every hospital district election, the hospital district clerk
shall provide a written notice to the county auditor of each county in which the hospital
district is located. The notice must include the date of the election, the offices to be voted
on at the election, and the title and language for each ballot question to be voted on at the
election. The county auditor shall immediately provide a notice to the secretary of state in
a manner and including information prescribed by the secretary of state.

The notice of each election must be posted in at least one public and conspicuous place
within each city and town included in the district at least two weeks before the election. It
must be published in the official newspaper of the district or, if a paper has not been
designated, in a legal newspaper having general circulation within the district, at least two
weeks before the election. Failure to give notice does not invalidate the election of an officer
of the district. A voter may contest a hospital district election in accordance with chapter
209. Chapter 209 applies to hospital district elections.

Sec. 47. new text begin TRANSITION TO NEW VOTER REGISTRATION APPLICATIONS.
new text end

new text begin Notwithstanding the requirements of this act, a completed voter registration application
submitted by a voter is not deficient for purposes of registering that voter if the application
form was printed or provided to the voter prior to the effective date of any modification
required by this act. Beginning on the effective date of a modification required by this act,
an election official must not print or copy a blank voter registration application that does
not include the required modification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024.
new text end

Sec. 48. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must title Minnesota Statutes, chapter 209A, "Election Contests
- Presidential Elections."
new text end

Sec. 49. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2023 Supplement, section 243.205, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S3818-1

243.205 NOTICE OF RESTORATION OF RIGHT TO VOTE.

Subd. 3.

Form of notice.

The notice required by subdivision 2 must appear substantially as follows:

"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.

Your receipt of this notice today means that your right to vote in Minnesota has been restored. Before you can vote on election day, you still need to register to vote. To register, you may complete a voter registration application online or complete a paper application and return it to the Office of the Secretary of State or to your county auditor. You may also register to vote in your polling place on election day. You will not be permitted to cast a ballot until you register to vote. The first time you appear at your polling place to cast a ballot, you may be required to provide proof of your current residence."