Minnesota Legislature
SF 4729
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/12/2024 10:03am
Current Version - 2nd Engrossment
2.7 2.8
2.9 2.10 2.11 2.12 2.13
2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
4.20 4.21
4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7
5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18
5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
6.10 6.11
6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4
8.5 8.6
8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14
8.15 8.16
8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19
9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12
10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15
11.16 11.17
11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6
13.7 13.8
13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18
13.19 13.20
13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16
14.17 14.18
14.19 14.20 14.21 14.22 14.23 14.24
14.25 14.26
14.27 14.28 14.29 14.30 14.31 15.1 15.2 15.3 15.4 15.5
15.6 15.7
15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34
16.1 16.2
16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2
17.3 17.4
17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21
18.22
18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21
20.22
20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23
21.24
21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7
23.8
23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33
24.1
24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17
25.18
25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16
26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31
27.32 27.33
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20
28.21 28.22
28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29
29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22
30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 31.1 31.2
31.3
31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16
31.17
31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17
32.18
32.19 32.20 32.21 32.22 32.23 32.24
32.25
32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33
33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10
33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22
33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30
33.31
34.1 34.2 34.3 34.4 34.5 34.6
34.7
34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 35.1 35.2 35.3 35.4 35.5 35.6
35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5
36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23
36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32
39.1 39.2 39.3 39.4 39.5 39.6 39.7
39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21
40.22 40.23 40.24 40.25 40.26 40.27 40.28
40.29 40.30 40.31 40.32 40.33 41.1 41.2
41.3 41.4 41.5 41.6 41.7
41.8 41.9 41.10 41.11 41.12 41.13
41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24
41.25 41.26 41.27 41.28 41.29
42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17
42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31
43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23
43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6
44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29
44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4
45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14
45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24
45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9
46.10 46.11 46.12 46.13 46.14
46.15 46.16
46.17 46.18 46.19 46.20 46.21 46.22
46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8
47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21
47.22 47.23
47.24 47.25 47.26 47.27
47.28 47.29 47.30 47.31 48.1 48.2
48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19
48.20 48.21 48.22 48.23 48.24 48.25
48.26 48.27 48.28 48.29 48.30 48.31
49.1 49.2 49.3 49.4
49.5 49.6 49.7 49.8 49.9
49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3
50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4
51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15
51.16 51.17 51.18 51.19 51.20 51.21
51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9
52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18
52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2
53.3 53.4
53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13
53.14 53.15
53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29
53.30 53.31
54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14
54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30
55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19
55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29
55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17
56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25
56.26 56.27 56.28 56.29 56.30 56.31 57.1 57.2 57.3
57.4 57.5
57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19
57.20 57.21
57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14
58.15 58.16
58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 59.1 59.2 59.3 59.4
59.5 59.6
59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16
59.17 59.18
59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27
59.28
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12
60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24
60.25 60.26 60.27 60.28 60.29 60.30 60.31
60.32
61.1 61.2 61.3
61.4 61.5 61.6 61.7 61.8
61.9 61.10 61.11
61.12 61.13
61.14 61.15
61.16 61.17
61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 63.1 63.2 63.3 63.4 63.5
63.6 63.7 63.8 63.9 63.10 63.11 63.12
63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10
65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5
67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29
68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14
69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26
69.27 69.28 69.29 69.30 69.31 69.32
70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10
71.11 71.12
A bill for an act
relating to elections; modifying various provisions related to election administration;
modifying various provisions relating to campaign finance and lobbying; amending
definitions; amending requirements related to voter registration; amending absentee
voting laws; modifying the authority of the Campaign Finance and Public
Disclosure Board to impose a civil penalty and late fees; amending electioneering
communications laws; requiring the Campaign Finance and Public Disclosure
Board to oversee campaign finance reporting requirements for political committees,
political funds, and party units engaged in campaign activity for certain local
elected offices and ballot questions for local governments; providing a separate
process for presidential election contests; requiring the allocation and exclusion
of certain incarcerated persons based on their last known address in Minnesota for
purposes of redistricting; modifying requirements for filling vacancies; requiring
local governments to use a .gov domain; modifying the deep fake election crime;
expanding scope of doxing crimes; classifying data; establishing the Minnesota
Voting Rights Act; prohibiting certain actions related to election administration
that result in voter suppression or vote dilution; establishing a civil cause of action
for violations; establishing remedies; making technical and conforming changes;
amending Minnesota Statutes 2022, sections 10A.01, subdivisions 7, 10d, 33, by
adding a subdivision; 10A.27, subdivision 17; 123B.09, subdivision 5b; 201.071,
subdivision 3; 204B.175; 204C.06, subdivision 1, by adding a subdivision; 204C.19,
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; 211A.01, subdivisions 3, 7, 8, by adding
a subdivision; 211A.02, subdivision 2; 211A.05, subdivision 1; 211A.06; 211A.07;
211A.12; 211A.14; 211B.17, subdivision 1; 211B.18; 375.08; 447.32, subdivision
3; 609.5151, subdivisions 1, 2; Minnesota Statutes 2023 Supplement, sections
2.92, subdivision 4; 5.305, subdivision 5; 10A.01, subdivision 21; 10A.04,
subdivision 6; 10A.20, subdivisions 2a, 12; 10A.201, subdivisions 3, 4, 6, 9;
10A.202, subdivision 1; 200.02, subdivision 7; 201.061, subdivisions 3, 3a;
201.071, subdivision 1; 201.091, subdivision 4; 201.1611, subdivision 1; 203B.04,
subdivision 1; 203B.07, subdivision 3; 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; 205.16, subdivision 2; 206.61, subdivision
1; 211A.02, subdivision 1; 211B.076, subdivision 4; 243.205, by adding a
subdivision; 609.771, subdivisions 2, 3, 4, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapters 2; 200; 241; 375; 471; proposing
coding for new law as Minnesota Statutes, chapter 209A; repealing Minnesota
Statutes 2022, sections 211A.01, subdivisions 2, 4; 211A.02, subdivision 4;
383B.031; Minnesota Statutes 2023 Supplement, sections 10A.201, subdivision
11; 243.205, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ELECTIONS, CAMPAIGN FINANCE, AND REDISTRICTING POLICY
Section 1.
Minnesota Statutes 2023 Supplement, section 2.92, subdivision 4, is amended
to read:
Subd. 4.
Applicability.
This section applies deleted text begin from January 1 to July 1 in any year during
which adeleted text end new text begin to allnew text end decennial census deleted text begin isdeleted text end new text begin activitiesnew text end conducted under the authority of the United
States Constitution, article 1, section 2.
Sec. 2.
new text begin
[2.93] INCARCERATED PERSONS IN DISTRICT PLANS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the definitions have the
meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of corrections.
new text end
new text begin
(c) "Director" means the director of the Legislative Coordinating Commission.
new text end
new text begin
(d) "Legislative Coordinating Commission" means the Legislative Coordinating
Commission established in section 3.303.
new text end
new text begin Subd. 2. new text end
new text begin Reallocation and exclusion of incarcerated persons. new text end
new text begin
(a) For purposes of
drawing congressional, legislative, and all other election districts, the legislature and local
governments must use the population from the federal decennial census as modified by
reallocating and excluding persons who are incarcerated.
new text end
new text begin
(b) A person who was incarcerated in a state or federal correctional facility, as determined
by the decennial census, and who has a last known address in Minnesota must be reallocated
to the census block of the last known address.
new text end
new text begin
(c) A person who was incarcerated in a state or federal correctional facility, as determined
by the decennial census, and who has a last known address outside of Minnesota or does
not have a last known address must:
new text end
new text begin
(1) be excluded from the population count for purposes of drawing congressional,
legislative, or political subdivision districts; and
new text end
new text begin
(2) be counted as part of the statewide population total.
new text end
new text begin Subd. 3. new text end
new text begin Department of Corrections duties. new text end
new text begin
(a) On or before June 1 in a year ending
in zero, the commissioner must provide to the director of the Legislative Coordinating
Commission the following information, in electronic form, for each person incarcerated in
a state correctional facility on April 1 in the year of the decennial census:
new text end
new text begin
(1) a unique identifier that does not include the person's name, Department of Corrections
identification number, or other identifying information;
new text end
new text begin
(2) the street address of the correctional facility in which the person was incarcerated at
the time of the report;
new text end
new text begin
(3) the residential address of the person immediately prior to incarceration, if known,
or if the person resided in an area lacking a specific physical address immediately prior to
incarceration, a description of the physical location where the person regularly stayed
immediately prior to being incarcerated;
new text end
new text begin
(4) the following demographic information, if known: the racial and ethnic information
collected by the census and whether the person is over the age of 18; and
new text end
new text begin
(5) any additional information the director of the Legislative Coordinating Commission
deems necessary.
new text end
new text begin
(b) Notwithstanding any law to the contrary, the commissioner must provide the director
with access to the best available data necessary to conduct the reallocations and exclusions
required by this section.
new text end
new text begin Subd. 4. new text end
new text begin Federal correctional facilities. new text end
new text begin
By April 15 in a year ending in zero, the director
must request each agency that operates a federal facility in Minnesota that incarcerates
persons convicted of a criminal offense to provide the director with a report, including the
information listed in subdivision 3. The information must reflect the persons incarcerated
in the federal facility on April 1 of that year. If information is provided pursuant to this
subdivision, the information must be provided by June 1 of the year ending in zero. If
information is not provided pursuant to this subdivision, persons incarcerated at federal
facilities must be treated as having no known last address and must be excluded as provided
in subdivision 2, paragraph (c).
new text end
new text begin Subd. 5. new text end
new text begin Legislative Coordinating Commission duties. new text end
new text begin
(a) The director must reallocate
and exclude people who are incarcerated in state or federal correctional facilities as provided
in this subdivision and subdivision 2. Within 30 calendar days of receiving the Public Law
94-171 data from the United States Census Bureau, the director must post the population
counts that reflect all required reallocations and exclusions on the Legislative Coordinating
Commission's website.
new text end
new text begin
(b) The director must, in consultation with the commissioner, develop a standardized
format and technical guidelines to be used in collecting addresses from incarcerated persons.
The commissioner must use this format and follow the guidelines in collecting addresses.
The commissioner and the director may enter a memorandum of understanding detailing
the additional details regarding the methodology to be used and the format and manner in
which the data will be provided. Notwithstanding any law to the contrary, the commissioner
must provide the director with access to the best available data necessary to conduct the
reallocations and exclusions required by this section.
new text end
new text begin
(c) Prior to reallocating and excluding incarcerated persons, the director must geocode
addresses received from the commissioner. When geocoding addresses, the director must
accept an address that has an exact match or is approximated to the street level and reject
any address that is approximated to the center of a zip code, city, county, or state. The
director must only reallocate those addresses that are accepted pursuant to this paragraph.
The director must not reallocate any person at an address that was rejected but must instead
count that person as part of the statewide population total.
new text end
new text begin
(d) The director must not disseminate data received pursuant to this section in any
manner, except as explicitly required by state or federal law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2030, and applies to population
counts used for redistricting conducted on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 5.305, subdivision 5, is amended to
read:
Subd. 5.
Use of funds.
A local unit of government may use the funds allocated pursuant
to this section for the following purposes, provided the expenditures are directly related to
election administration:
(1) equipment;
(2) hardware or software;
(3) cybersecurity;
(4) security-related infrastructure;
(5) capital improvements to government-owned property to improve access to polling
places for individuals with disabilities;
(6) staff costs for election administrators, election judges, and other election officials;
(7) printing and publication;
(8) postage;
(9) programming;
(10) new text begin transitioning to a .gov domain;
new text end
new text begin (11) new text end local match for state or federal funds; and
deleted text begin (11)deleted text end new text begin (12)new text end any other purpose directly related to election administration.
Sec. 4.
Minnesota Statutes 2022, section 10A.01, subdivision 7, is amended to read:
Subd. 7.
Ballot question.
"Ballot question" means a question or proposition that is placed
on the ballot and that may be voted on by:
(1) all voters of the state;new text begin or
new text end
(2) all voters of deleted text begin Hennepin County;
deleted text end
deleted text begin
(3) all voters of any home rule charter city or statutory city located wholly within
Hennepin County and having a population of 75,000 or more; or
deleted text end
deleted text begin (4) all voters of Special School District No. 1deleted text end new text begin a county, city, school district, township,
or special districtnew text end .
"Promoting or defeating a ballot question" includes activities, other than lobbying
activities, related to qualifying the question for placement on the ballot.
Sec. 5.
Minnesota Statutes 2022, section 10A.01, subdivision 10d, is amended to read:
Subd. 10d.
Local candidate.
"Local candidate" means an individual who seeks
nomination or election todeleted text begin :
deleted text end
deleted text begin
(1) any county office in Hennepin County;
deleted text end
deleted text begin
(2) any city office in any home rule charter city or statutory city located wholly within
Hennepin County and having a population of 75,000 or more; or
deleted text end
deleted text begin (3) the school board in Special School District No. 1deleted text end new text begin a county, city, school district,
township, or special district officenew text end .
Sec. 6.
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin Subd. 16b. new text end
new text begin Employee of a political subdivision. new text end
new text begin
"Employee of a political subdivision"
includes an individual hired or appointed by the political subdivision. An individual is also
an employee of a political subdivision if the individual is:
new text end
new text begin
(1) hired to provide the political subdivision services as a consultant or independent
contractor; or
new text end
new text begin
(2) employed by a business that has contracted with the political subdivision to provide
legal counsel, professional services, or policy recommendations to the 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 and
applies to activities occurring on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2023 Supplement, section 10A.01, subdivision 21, is amended
to read:
Subd. 21.
Lobbyist.
(a) "Lobbyist" means an individual:
(1) engaged for pay or other consideration of more than $3,000 from all sources in any
year:
(i) for the purpose of attempting to influence legislative or administrative action, or the
official action of a political subdivision, by communicating deleted text begin or urging others to communicatedeleted text end
with public or local officials; or
(ii) from a business whose primary source of revenue is derived from facilitating
government relations or government affairs services if the individual's job duties include
offering direct or indirect consulting or advice that helps the business provide those services
to clients; or
(2) who spends more than $3,000 of the individual's personal funds, not including the
individual's own traveling expenses and membership dues, in any year for the purpose of
attempting to influence legislative or administrative action, or the official action of a political
subdivision, by communicating deleted text begin or urging others to communicatedeleted text end with public or local officials.
(b) "Lobbyist" does not include:
(1) a public official;
(2) an employee of the state, including an employee of any of the public higher education
systems;
(3) an elected local official;
(4) a nonelected local official or an employee of a political subdivision acting in an
official capacity, unless the nonelected official or employee of a political subdivision spends
more than 50 hours in any month attempting to influence legislative or administrative action,
or the official action of a political subdivision other than the political subdivision employing
the official or employee, by communicating or urging others to communicate with public
or local officials, including time spent monitoring legislative or administrative action, or
the official action of a political subdivision, and related research, analysis, and compilation
and dissemination of information relating to legislative or administrative policy in this state,
or to the policies of political subdivisions;
(5) a party or the party's representative appearing in a proceeding before a state board,
commission, or agency of the executive branch unless the board, commission, or agency is
taking administrative action;
(6) an individual while engaged in selling goods or services to be paid for by public
funds;
(7) a news medium or its employees or agents while engaged in the publishing or
broadcasting of news items, editorial comments, or paid advertisements which directly or
indirectly urge official action;
(8) a paid expert witness whose testimony is requested by the body before which the
witness is appearing, but only to the extent of preparing or delivering testimony; deleted text begin or
deleted text end
(9) a party or the party's representative appearing to present a claim to the legislature
and communicating to legislators only by the filing of a claim form and supporting documents
and by appearing at public hearings on the claimdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(10) an individual providing information, data, advice, professional opinions, variables,
options, or direction on a topic on which the individual has particular expertise through
education or professional or occupational training to a local official at a lobbyist's request;
or
new text end
new text begin
(11) an individual providing information or advice to members of a collective bargaining
unit when the unit is actively engaged in the collective bargaining process with a state
agency or a political subdivision.
new text end
(c) An individual who volunteers personal time to work without pay or other consideration
on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause
(2), need not register as a lobbyist.
(d) An individual who provides administrative support to a lobbyist and whose salary
and administrative expenses attributable to lobbying activities are reported as lobbying
expenses by the lobbyist, but who does not communicate or urge others to communicate
with public or local officials, need not register as a lobbyist.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to activities occurring on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 10A.01, subdivision 33, is amended to read:
Subd. 33.
Principal.
"Principal" means an individual or association that:
(1) spends more than deleted text begin $500deleted text end new text begin $3,000new text end in the aggregate in any calendar year to engage a
lobbyist, compensate a lobbyist, or authorize the expenditure of money by a lobbyist; or
(2) deleted text begin is not included in clause (1) anddeleted text end spends a total of at least $50,000 in any calendar
year deleted text begin on effortsdeleted text end to influence legislative action, administrative action, or the official action
of deleted text begin metropolitan governmental unitsdeleted text end new text begin political subdivisionsnew text end , as described in section 10A.04,
subdivision 6.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to activities occurring on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2023 Supplement, section 10A.04, subdivision 6, is amended
to read:
Subd. 6.
Principal reports.
(a) A principal must report to the board as required in this
subdivision by March 15 for the preceding calendar year.
(b) The principal must report the total amount, rounded to the nearest deleted text begin $9,000deleted text end new text begin $5,000new text end ,
spent by the principal during the preceding calendar year on each type of lobbying listed
below:
(1) lobbying to influence legislative action;
(2) lobbying to influence administrative action, other than lobbying described in clause
(3);
(3) lobbying to influence administrative action in cases of rate setting, power plant and
powerline siting, and granting of certificates of need under section 216B.243; and
(4) lobbying to influence official action of a political subdivision.
(c) For each type of lobbying listed in paragraph (b), the principal must report a total
amount that includes:
(1) the portion of all direct payments for compensation and benefits paid by the principal
to lobbyists in this state for that type of lobbying;
(2) the portion of all expenditures for advertising, mailing, research, consulting, surveys,
expert testimony, studies, reports, analysis, compilation and dissemination of information,
new text begin communications and staff costs used for the purpose of urging members of the public to
contact public or local officials to influence official actions,new text end social media and public relations
campaigns, and legal counsel used to support that type of lobbying in this state; and
(3) a reasonable good faith estimate of the portion of all salaries and administrative
overhead expenses attributable to activities of the principal for that type of lobbying in this
state.
(d) The principal must report disbursements made and obligations incurred that exceed
$2,000 for paid advertising used for the purpose of urging members of the public to contact
public or local officials to influence official actions during the reporting period. Paid
advertising includes the cost to boost the distribution of an advertisement on social media.
The report must provide the date that the advertising was purchased, the name and address
of the vendor, a description of the advertising purchased, and any specific subjects of interest
addressed by the advertisement.
Sec. 10.
Minnesota Statutes 2023 Supplement, section 10A.20, subdivision 2a, is amended
to read:
Subd. 2a.
Local election reports.
(a) This subdivision applies to a political committee,
political fund, or political party unit that during a non-general election year:
(1) spends in aggregate more than $200 to influence the nomination or election of local
candidates;
(2) spends in aggregate more than $200 to make independent expenditures on behalf of
local candidates; or
(3) spends in aggregate more than $200 to promote or defeat ballot questions defined
in section 10A.01, subdivision 7, clause (2), (3), or (4).
(b) In addition to the reports required by subdivision 2, the entities listed in paragraph
(a) must file the following reports in each non-general election year:
(1) a first-quarter report covering the calendar year through March 31, which is due
April 14;
(2) a report covering the calendar year through May 31, which is due June 14;
(3) a deleted text begin pre-primary-electiondeleted text end new text begin Julynew text end report due 15 days before the local primary election date
specified in section 205.065;
(4) a pre-general-election report due 42 days before the local general election; and
(5) a pre-general-election report due ten days before a local general election.
The reporting obligations in this paragraph begin with the first report due after the
reporting period in which the entity reaches the spending threshold specified in paragraph
(a). The deleted text begin pre-primarydeleted text end new text begin Julynew text end report required under clause (3) is required for all entities required
to report under paragraph (a), regardless of whether the candidate or issue is on the primary
ballot or a primary is not conducted.
Sec. 11.
Minnesota Statutes 2023 Supplement, section 10A.20, subdivision 12, is amended
to read:
Subd. 12.
Failure to file; late fees; penalty.
(a) If an individual or association fails to
file a report required by this section or section 10A.202, the board may impose a late filing
fee new text begin and a civil penalty new text end as provided in this subdivision.
(b) If deleted text begin an individual or associationdeleted text end new text begin a candidate, political committee, political fund, principal
campaign committee, or party unitnew text end fails to file a report required by this section that is due
January 31, the board may impose a late filing fee of $25 per day, not to exceed $1,000,
commencing the day after the report was due.
(c) new text begin Except for reports governed by paragraph (b), new text end if an individualnew text begin , political committee,
political fund, principal campaign committee, party unit,new text end or association fails to file a report
required by subdivision 2, 2a, or 5, or by section 10A.202, the board may impose a late
filing fee of $50 per day, not to exceed $1,000, commencing on the day after the date the
statement was duedeleted text begin , provided thatdeleted text end new text begin .new text end If the total deleted text begin receipts receiveddeleted text end new text begin expenditures or disbursements
that occurrednew text end during the reporting period deleted text begin or total expenditure reportable under section
10A.202deleted text end exceeds $25,000, then the board may new text begin also new text end impose a late filing fee of up to two
percent of the deleted text begin amountdeleted text end new text begin expenditures or disbursementsnew text end that should have been reported, per
day, commencing on the day after the report was due, not to exceed 100 percent of the
amount that should have been reported.
(d) If an individualnew text begin , political committee, political fund, principal campaign committee,
party unit,new text end or association has been assessed a late filing fee new text begin or civil penalty new text end under this
subdivision during the prior four years, the board may impose a late filing feenew text begin , a civil penalty,
or bothnew text end of up to twice the amount otherwise authorized by this subdivision.new text begin If an individual,
political committee, political fund, principal campaign committee, party unit, or association
has been assessed a late filing fee under this subdivision more than two times during the
prior four years, the board may impose a late filing fee of up to three times the amount
otherwise authorized by this subdivision.
new text end
(e) Within ten business days after the report was due or receipt by the board of
information disclosing the potential failure to file a report required by this section, the board
must send notice by certified mail that the individual or association may be subject to a civil
penalty for failure to file the report. An individual who fails to file the report within seven
days after the certified mail notice was sent by the board is subject to a civil penalty imposed
by the board of up to deleted text begin $1,000deleted text end new text begin $2,000new text end in addition to the late filing fees imposed by this
subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to penalties
assessed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2023 Supplement, section 10A.201, subdivision 3, is amended
to read:
Subd. 3.
deleted text begin Can be received by 10,000 or more individualsdeleted text end new text begin Targeted to the relevant
electoratenew text end .
(a) deleted text begin "Can be received by 10,000 or more individuals"deleted text end new text begin "Targeted to the relevant
electorate"new text end meansnew text begin that a communication can be received in the district the candidate seeks
to represent, in the case of a candidate for representative, senator, or other office represented
by district; or in the entire state, if the candidate seeks a statewide office, as followsnew text end :
(1) in the case of a communication transmitted by an FM radio broadcast station or
network, where the district lies entirely within the station's or network's protected or primary
service contour, that the population of the district is 10,000 or more;
(2) in the case of a communication transmitted by an FM radio broadcast station or
network, where a portion of the district lies outside of the protected or primary service
contour, that the population of the part of the district lying within the station's or network's
protected or primary service contour is 10,000 or more;
(3) in the case of a communication transmitted by an AM radio broadcast station or
network, where the district lies entirely within the station's or network's most outward service
area, that the population of the district is 10,000 or more;
(4) in the case of a communication transmitted by an AM radio broadcast station or
network, where a portion of the district lies outside of the station's or network's most outward
service area, that the population of the part of the district lying within the station's or
network's most outward service area is 10,000 or more;
(5) in the case of a communication appearing on a television broadcast station or network,
where the district lies entirely within the station's or network's Grade B broadcast contour,
that the population of the district is 10,000 or more;
(6) in the case of a communication appearing on a television broadcast station or network,
where a portion of the district lies outside of the Grade B broadcast contour:
(i) that the population of the part of the district lying within the station's or network's
Grade B broadcast contour is 10,000 or more; or
(ii) that the population of the part of the district lying within the station's or network's
broadcast contour, when combined with the viewership of that television station or network
by cable and satellite subscribers within the district lying outside the broadcast contour, is
10,000 or more;
(7) in the case of a communication appearing exclusively on a cable or satellite television
system, but not on a broadcast station or network, that the viewership of the cable system
or satellite system lying within a district is 10,000 or more; deleted text begin or
deleted text end
(8) in the case of a communication appearing on a cable television network, that the
total cable and satellite viewership within a district is 10,000 or moredeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(9) in the case of an email blast, a text message blast, a telephone bank, or a qualifying
paid digital advertisement or communication, that the communication is capable of being
received by 2,500 or more individuals in a district.
new text end
(b) Cable or satellite television viewership is determined by multiplying the number of
subscribers within a district, or a part thereof, as appropriate, by the current average
household size for Minnesota, as determined by the Bureau of the Census.
(c) A determination that a communication can be received by 10,000 or more individuals
based on the application of the formula in this section shall create a rebuttable presumption
that may be overcome by demonstrating that:
(1) one or more cable or satellite systems did not carry the network on which the
communication was publicly distributed at the time the communication was publicly
distributed; and
(2) applying the formula to the remaining cable and satellite systems results in a
determination that the cable network or systems upon which the communication was publicly
distributed could not be received by 10,000 individuals or more.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to
communications disseminated on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2023 Supplement, section 10A.201, subdivision 4, is amended
to read:
Subd. 4.
Direct costs of producing or airing electioneering communications.
"Direct
costs of producing or airing electioneering communications" means:
(1) costs charged by a vendor, including studio rental time, staff salaries, costs of video
or audio recording media, and talent; deleted text begin and
deleted text end
(2) the cost of airtime on broadcast, cable, or satellite radio and television stations, studio
time, material costs, and the charges for a broker to purchase the airtimedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) the cost to access any platform used to disseminate messages digitally online or by
electronic means to a recipient's telephone or other electronic device.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to
communications disseminated on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2023 Supplement, section 10A.201, subdivision 6, is amended
to read:
Subd. 6.
Electioneering communication.
(a) "Electioneering communication" means
any broadcast, cable, deleted text begin ordeleted text end satellitenew text begin , or digitalnew text end communication that:
(1) refers to a clearly identified candidate for state office;
(2) is publicly distributed within 60 days before a general election for the office sought
by the candidatedeleted text begin ; ordeleted text end new text begin ,new text end within 30 days before a primary election new text begin for the office sought by the
candidatenew text end , or new text begin within 30 days beforenew text end a convention deleted text begin or caucusdeleted text end of a political party new text begin unitnew text end that has
authority to deleted text begin nominatedeleted text end new text begin endorsenew text end a candidatedeleted text begin ,deleted text end for the office sought by the candidatedeleted text begin , and the
candidate referenced is seeking the nomination of that political partydeleted text end ; and
(3) is targeted to the relevant electorate.
(b) A communication is not an electioneering communication if it:
(1) is publicly disseminated through a means of communication other than a broadcast,
cable, deleted text begin ordeleted text end satellite televisionnew text begin ,new text end or radio stationnew text begin , or by digital means through an electronic
devicenew text end ;
(2) appears in a news story, commentary, or editorial distributed through the facilities
of any broadcast, cable, or satellite television or radio station, unless such facilities are
owned or controlled by any political party, political committee, or candidate, provided that
a news story distributed through a broadcast, cable, or satellite television or radio station
owned or controlled by any political party, political committee, or candidate is not an
electioneering communication if the news story meets the requirements described in Code
of Federal Regulations, title 11, section 100.132 (a) and (b);
(3) constitutes an expenditure or independent expenditure, provided that the expenditure
or independent expenditure is required to be reported under this chapter;
(4) constitutes a candidate debate or forum, or that solely promotes such a debate or
forum and is made by or on behalf of the person sponsoring the debate or forum; or
(5) is paid for by a candidate.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to
communications disseminated on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2023 Supplement, section 10A.201, subdivision 9, is amended
to read:
Subd. 9.
Publicly distributed.
"Publicly distributed" means aired, broadcast, cablecast,
or otherwise disseminated through the facilities of a television station, radio station, cable
television system, or satellite systemnew text begin , or disseminated in a digital format online or by other
electronic means to a recipient's telephone or other electronic devicenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to
communications disseminated on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2023 Supplement, section 10A.202, subdivision 1, is amended
to read:
Subdivision 1.
Reports required.
Any person who has made an electioneering
communication, as defined in section 10A.201, aggregating in excess of $10,000 during
any calendar year shall file a statement with the board no later than 11:59 p.m. on the day
following the disclosure date. The statement shall be filed under penalty of perjury, and
must contain the information set forth in subdivision 2. Political committeesnew text begin , political funds,
and political party unitsnew text end that make a communication described in section 10A.201 must
report the communication as a campaign expenditure or independent expenditure as otherwise
provided by this chapter and are not required to file a report under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to penalties
assessed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2022, section 10A.27, subdivision 17, is amended to read:
Subd. 17.
Penalty.
(a) An association that makes a contribution under subdivision 15
and fails to provide the required statement within the time specified is subject to a new text begin late filing
fee of $100 a day not to exceed $1,000, commencing the day after the statement was due.
The board must send notice by certified mail that the individual or association may be
subject to a civil penalty for failure to file the statement. An association that fails to provide
the required statement within seven days after the certified mail notice was sent by the board
is subject to a new text end civil penalty of up to four times the amount of the contribution, but not to
exceed $25,000deleted text begin , except when the violation was intentionaldeleted text end .
(b) An independent expenditure political committee or an independent expenditure
political fund that files a report without including the statement required under subdivision
15 is subject to a new text begin late filing fee of $100 a day not to exceed $1,000, commencing the day
after the report was due. The board must send notice by certified mail that the independent
expenditure political committee or independent expenditure fund may be subject to a civil
penalty for failure to file the statement. An association that fails to provide the required
statement within seven days after the certified mail notice was sent by the board is subject
to a new text end civil penalty of up to four times the amount of the contribution for which disclosure
was not filed, but not to exceed $25,000deleted text begin , except when the violation was intentionaldeleted text end .
new text begin
(c) If an independent expenditure political committee or an independent expenditure
political fund has been assessed a late filing fee under this subdivision during the prior four
years, the board may impose a late filing fee of up to twice the amount otherwise authorized
by this subdivision. If an independent expenditure political committee or an independent
expenditure political fund has been assessed a late filing fee under this subdivision more
than two times during the prior four years, the board may impose a late filing fee of up to
three times the amount otherwise authorized by this subdivision.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end No other penalty provided in law may be imposed for conduct that is subject to
a civil penalty under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to penalties
assessed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2022, section 123B.09, subdivision 5b, is amended to read:
Subd. 5b.
Appointments to fill vacancies; special elections.
(a) Any vacancy on the
board, other than a vacancy described in subdivision 4, must be filled by board appointment
at a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall be effective 30 days following adoption of the resolution, subject
to paragraph deleted text begin (b)deleted text end new text begin (d)new text end . If the appointment becomes effective, it shall continue new text begin for the remainder
of the unexpired term or new text end until an election is held under this subdivisionnew text begin , as applicablenew text end . All
elections to fill vacancies shall be for the unexpired term. A special election to fill the
vacancy must be held no later than the first Tuesday after the first Monday in November
following the vacancy. If the vacancy occurs less than 90 days prior to the first Tuesday
after the first Monday in November in the year in which the vacancy occurs, the special
election must be held no later than the first Tuesday after the first Monday in November of
the following calendar year. deleted text begin If the vacancy occurs less than 90 days prior to the first Tuesday
after the first Monday in November in the third year of the term, no special election is
required. If the vacancy is filled by a special election, the person elected at that election for
the ensuing term shall take office immediately after receiving the certificate of election,
filing the bond, and taking the oath of office.
deleted text end
new text begin
(b) Notwithstanding paragraph (a), if the vacancy occurs less than two years prior to the
expiration of the term, no special election is required and the appointee of the board shall
serve for the remainder of the unexpired term, subject to paragraph (d).
new text end
new text begin
(c) Notwithstanding paragraphs (a) and (b), if the vacancy occurs because a school board
member was removed pursuant to section 123B.09, subdivision 9, a special election must
be held to fill the vacancy as soon as possible on a uniform election date.
new text end
new text begin
(d) Notwithstanding paragraph (a), if the vacancy occurs less than 90 days prior to the
expiration of the term, the board may, but is not required to, fill the vacancy by board
appointment at a regular or special meeting.
new text end
deleted text begin (b)deleted text end new text begin (e)new text end An appointment made under paragraph (a) shall not be effective if a petition to
reject the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to vacancies
occurring on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2023 Supplement, section 200.02, subdivision 7, is amended
to read:
Subd. 7.
Major political party.
(a) "Major political party" means a political party that
maintains a party organization in the state; has complied with the party's constitution and
rules; is in compliance with the requirements of sections 202A.12 and 202A.13; files with
the secretary of state no later than December 1 of each odd-numbered year a certification
that the party has met the foregoing requirements, including a list of the dates and locations
of each convention held; and meets all other qualification requirements of this subdivision.
(b) A political party qualifies as a major political party by:
(1) presenting at least one candidate for election to the office of:
(i) governor and lieutenant governor, secretary of state, state auditor, or attorney general
at the last preceding state general election for those offices; or
(ii) presidential elector or U.S. senator at the last preceding state general election for
presidential electors; and
whose candidate received votes in each county in that election and received votes from deleted text begin not
less than five percent of the total number of individuals who voted in that election, if the
state general election was held on or before November 8, 2022, ordeleted text end not less than eight percent
of the total number of individuals who voted in that electiondeleted text begin , at a state general election held
on or after November 7, 2024deleted text end ;
(2) presenting at least 45 candidates for election to the office of state representative, 23
candidates for election to the office of state senator, four candidates for election to the office
of representative in Congress, and one candidate for election to each of the following offices:
governor and lieutenant governor, attorney general, secretary of state, and state auditor, at
the last preceding state general election for those offices; or
(3) presenting to the secretary of state at any time before the close of filing for the state
partisan primary ballot a petition for a place on the state partisan primary ballot, which
petition contains valid signatures of a number of the party members equal to at least five
percent of the total number of individuals who voted in the preceding state general election.
A signature is valid only if signed no more than one year prior to the date the petition was
filed.
(c) A political party whose candidate receives a sufficient number of votes at a state
general election described in paragraph (b), clause (1), or a political party that presents
candidates at an election as required by paragraph (b), clause (2), becomes a major political
party as of January 1 following that election. A political party that complies with paragraph
(a) retains its major party status for at least two state general elections even if the party fails
to present a candidate who receives the number and percentage of votes required under
paragraph (b), clause (1), or fails to present candidates as required by paragraph (b), clause
(2), at subsequent state general elections.
(d) A major political party whose candidates fail to receive the number and percentage
of votes required under paragraph (b), clause (1), and that fails to present candidates as
required by paragraph (b), clause (2), at each of two consecutive state general elections
described by paragraph (b), clause (1) or (2), respectively, loses major party status as of
December 31 following the later of the two consecutive state general elections.
(e) A major political party that does not submit the certification required by this
subdivision loses major party status on December 31 of the year in which the party did not
file the certification.
(f) The secretary of state must notify the chair of the major political party, the
commissioner of revenue, and the Campaign Finance and Public Disclosure Board if the
political party's status is changed pursuant to this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 20.
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. 21.
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 eligibledeleted 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, thenew 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 institutiondeleted 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 earlierdeleted text end
new text begin laternew 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 recordsnew 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. 22.
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. 23.
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, addressnew text begin or location of residencenew 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. 24.
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 general public.
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. 25.
Minnesota Statutes 2023 Supplement, section 201.1611, subdivision 1, is amended
to read:
Subdivision 1.
Forms.
(a) All postsecondary institutions that enroll students accepting
state or federal financial aid must provide voter registration forms to each student during
the fall and spring of each year. In state election years, it must be provided 15 days in
advance of the deadline for registering to vote for the state general election. If the voter
registration forms are provided electronically, the electronic message must be devoted
exclusively to voter registration.
(b) All school districts must make available new text begin paper or electronic new text end voter registration
applications each May and September to all students registered as students of the school
district who deleted text begin will bedeleted text end new text begin arenew text end eligible to new text begin register or preregister to new text end vote deleted text begin at the next election after
those monthsdeleted text end . A school district has no obligation to provide voter registration applications
to students who participate in a postsecondary education option program or who otherwise
maintain residence in the district but do not attend a school operated by the district. A school
district fulfills its obligation to a student under this section if it provides a voter registration
application to the student one time.
(c) The voter registration forms must contain spaces for the information required in
section 201.071, subdivision 1, and applicable rules of the secretary of state. The institutions
and school districts may request these forms from the secretary of state. Institutions must
consult with their campus student government in determining the most effective means of
distributing the forms and in seeking to facilitate election day registration of students under
section 201.061, subdivision 3. School districts must advise students that completion of the
voter registration application is not a school district requirement.
(d) The institutions must report to the secretary of state by November 30 of each year
on their implementation of this section. At a minimum, the report must include how and
when the forms were distributed and the voter engagement plan under subdivision 3,
paragraph (b), clause (2). Institutions may include information about methods that were
effective in increasing student registrations.
(e) By February 1 of each year, the secretary of state must report to the chairs and ranking
minority members of the legislative committees with jurisdiction over elections on the
information under paragraph (d). The secretary must highlight best practices and innovative
methods that were most effective in registering students to vote.
Sec. 26.
Minnesota Statutes 2023 Supplement, section 203B.04, subdivision 1, is amended
to read:
Subdivision 1.
Application procedures.
(a) Except as otherwise allowed by subdivision
2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election
may be submitted at any time not less than one day before the day of that election. The
county auditor shall prepare absentee ballot application forms in the format provided by the
secretary of state and shall furnish them to any person on request. By January 1 of each
even-numbered year, the secretary of state shall make the forms to be used available to
auditors through electronic means. An application submitted pursuant to this subdivision
shall be in writing. An application may be submitted in person, by electronic facsimile
device, by electronic mail, or by mail to:
(1) the county auditor of the county where the applicant maintains residence; or
(2) the municipal clerk of the municipality, or school district if applicable, where the
applicant maintains residence.
deleted text begin For a federal, state, or county election,deleted text end new text begin (b) new text end An absentee ballot application may
alternatively be submitted electronically through a secure website that shall be maintained
by the secretary of state for this purpose. Notwithstanding paragraph deleted text begin (b)deleted text end new text begin (d)new text end , the secretary
of state must require applicants using the website to submit the applicant's email address
and verifiable Minnesota driver's license number, Minnesota state identification card number,
or the last four digits of the applicant's Social Security number.new text begin This paragraph does not
apply to a town election held in March.
new text end
new text begin (c) new text end An application submitted electronically under this paragraph may only be transmitted
to the county auditor for processing if the secretary of state has verified the application
information matches the information in a government database associated with the applicant's
driver's license number, state identification card number, or Social Security number. The
secretary of state must review all unverifiable applications for evidence of suspicious activity
and must forward any such application to an appropriate law enforcement agency for
investigation.
deleted text begin (b)deleted text end new text begin (d)new text end An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, date of birth,
and at least one of the following:
(1) the applicant's Minnesota driver's license number;
(2) Minnesota state identification card number;
(3) the last four digits of the applicant's Social Security number; or
(4) a statement that the applicant does not have any of these numbers.
deleted text begin (c)deleted text end new text begin (e)new text end To be approved, the application must contain an oath that the information contained
on the form is accurate, that the applicant is applying on the applicant's own behalf, and
that the applicant is signing the form under penalty of perjury.
deleted text begin (d)deleted text end new text begin (f)new text end An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be made
available for public inspection. An application may be submitted to the county auditor or
municipal clerk by an electronic facsimile device. An application mailed or returned in
person to the county auditor or municipal clerk on behalf of a voter by a person other than
the voter must be deposited in the mail or returned in person to the county auditor or
municipal clerk within ten days after it has been dated by the voter and no later than six
days before the election.
deleted text begin (e)deleted text end new text begin (g)new text end An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2025, and applies to
elections occurring on or after November 4, 2025.
new text end
Sec. 27.
Minnesota Statutes 2023 Supplement, 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 signature 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 deleted text begin registered to vote in
Minnesotadeleted text end new text begin at least 18 years of age on or before the day of the election and a citizen of the
United Statesnew text end or by a notary public or other individual authorized to administer oaths stating
that:
(1) the ballots were displayed to that individual unmarked;
(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 them; and
(3) if the voter was not previously registered, the voter has provided proof of residence
as required by section 201.061, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for elections for which the absentee
ballot period begins on or after January 1, 2025.
new text end
Sec. 28.
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. 29.
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 yeardeleted text end unless changednew text begin in accordance with this
paragraph, ornew 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. 30.
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. 31.
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
electiondeleted text end new text begin By January 1 of each yearnew 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. 32.
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. 33.
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. 34.
Minnesota Statutes 2022, section 204C.06, subdivision 1, is amended to read:
Subdivision 1.
Persons allowed near polling place.
An individual shall be allowed to
go to and from the polling place for the purpose of voting without unlawful interference.
No one except an election official or an individual who is waiting to register or to vote or
an individual who is conducting exit polling shall stand within 100 feet of the building in
which a polling place is located. deleted text begin "Exit polling" is defined as approaching voters in a
predetermined pattern as they leave the polling place after they have voted and asking voters
to fill out an anonymous, written questionnaire.
deleted text end
Sec. 35.
Minnesota Statutes 2022, section 204C.06, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Exit polling. new text end
new text begin
(a) "Exit polling" is defined as approaching voters in a
predetermined pattern as they leave the polling place after they have voted and asking voters
to fill out an anonymous, written questionnaire.
new text end
new text begin
(b) An individual conducting exit polling must present photo identification to the head
judge upon arrival at the polling place, along with a letter or credential from the news media.
new text end
new text begin
(c) A person must not conduct exit polling in a manner that unlawfully interferes with
a person going to or from the polling place or allows any person to view another person's
responses to the poll.
new text end
Sec. 36.
Minnesota Statutes 2022, section 204C.19, subdivision 3, is amended to read:
Subd. 3.
Premature disclosure of count results.
No count results from any precinct
shall be disclosed by any election judge or other individual until all count results from that
precinct are available, nor shall the public media disclose any count results from any precinct
before the time when voting is scheduled to end in the state.new text begin Count results from absentee
ballots received by the county after 3:00 p.m. on election day may be added to the total
count results after the initial results reporting of the precinct. If the precinct results do not
include all absentee ballots, the county must report to the secretary of state and on the
county's website the number of absentee ballots remaining to be processed. After processing
the remaining ballots, the county must post on the county's website how many of the
remaining ballots were accepted and added to the totals and how many were rejected and
therefore not counted.
new text end
Sec. 37.
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 todeleted text end new text begin tallyingnew text end the number of signed voter's certificatesdeleted text begin ,deleted text end or deleted text begin todeleted 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. 38.
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. 39.
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 ballotnew 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. 40.
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 tenthdeleted text end new text begin eighthnew 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. 41.
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 Tuesdaydeleted text end new text begin 16th daynew 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. 42.
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 Thisdeleted text end new text begin
Except as provided in subdivision 2b, thenew 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. 43.
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. 44.
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. 45.
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 4deleted text end new text begin two
votes and greater than one-quarter of one percent of the number of ballots recountednew text end , the
cost of the recount must be paid by the jurisdiction conducting the recount.
Sec. 46.
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 againstdeleted 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 againstdeleted 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. 47.
Minnesota Statutes 2023 Supplement, section 205.16, subdivision 2, is amended
to read:
Subd. 2.
Sample ballot, publication.
For every municipal electionnew text begin not held in conjunction
with a statewide electionnew text end , the municipal clerk must, at least two weeks before the election,
publish a notice to voters pursuant to section 204D.16 in the official newspaper of the
municipality, except that the governing body of a fourth class city or a town not located
within a metropolitan county as defined in section 473.121 may dispense with publication.
Sec. 48.
Minnesota Statutes 2022, section 205.16, subdivision 4, is amended to read:
Subd. 4.
Notice to auditor.
At least deleted text begin 74deleted text end new text begin 84new 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 74deleted text end new text begin 84new 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. 49.
Minnesota Statutes 2022, section 205.16, subdivision 5, is amended to read:
Subd. 5.
Notice to secretary of state.
At least deleted text begin 74deleted text end new text begin 84new 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. 50.
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 74deleted text end new text begin
84new text end days before deleted text begin andeleted text end new text begin anynew 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 electiondeleted text end .
Sec. 51.
Minnesota Statutes 2022, section 205A.07, subdivision 3, is amended to read:
Subd. 3.
Notice to auditor.
At least deleted text begin 74deleted text end new text begin 84new 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 74deleted text end new text begin 84new 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. 52.
Minnesota Statutes 2022, section 205A.07, subdivision 3b, is amended to read:
Subd. 3b.
Notice to secretary of state.
At least deleted text begin 74deleted text end new text begin 84new 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. 53.
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 yeardeleted text end , unless a change is madenew text begin in accordance
with this paragraph ornew 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. 54.
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 ballotnew text begin or paper ballot in precincts that hand count ballotsnew text end .
Sec. 55.
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 11thdeleted text end new text begin ninthnew text end day after the state general election and must be complete
no later than the deleted text begin 18thdeleted text end new text begin 14thnew 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. 56.
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 daysdeleted text end new text begin one daynew text end before the meeting of the state
canvassing board to certify the results of the state general election.
Sec. 57.
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 daysdeleted text end new text begin one daynew 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
daysdeleted text end new text begin one daynew 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 weekdeleted text end new text begin six
daysnew 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 weeksdeleted text end new text begin one weeknew text end after the postelection review official received
notice from the secretary of state.
Sec. 58.
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 daysdeleted text end new text begin one daynew 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. 59.
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 thedeleted text end State Capitol deleted text begin anddeleted text end new text begin . The electorsnew 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. 60.
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 6deleted text end new text begin 5new 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. 61.
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 6deleted text end new text begin 5new 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. 62.
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 senatordeleted text begin , or presidential elector or alternatedeleted text end .
Sec. 63.
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. 64.
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, over 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 on any other ground must do so according to this chapter.
new text end
Sec. 65.
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 are
sufficient to confer jurisdiction upon the court to decide the contest.
new text end
Sec. 66.
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. 67.
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. 68.
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. 69.
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. 70.
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. 71.
Minnesota Statutes 2022, section 211A.01, subdivision 3, is amended to read:
Subd. 3.
Candidate.
"Candidate" means an individual who seeks nomination or election
to a county, municipal, school district, or other political subdivision office. This definition
does not include an individual seeking a judicial office. deleted text begin For purposes of sections 211A.01
to 211A.05 and 211A.07, "candidate" also includes a candidate for the United States Senate
or House of Representatives.
deleted text end
Sec. 72.
Minnesota Statutes 2022, section 211A.01, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Committee. new text end
new text begin
"Committee" means a group established by a candidate of two
or more persons working together to support the election of the candidate to a political
subdivision office. A committee may accept contributions and make disbursements on behalf
of the candidate.
new text end
Sec. 73.
Minnesota Statutes 2022, section 211A.01, subdivision 7, is amended to read:
Subd. 7.
Filing officer.
"Filing officer" means the officer authorized by law to accept
affidavits of candidacy or nominating petitions for an office deleted text begin or the officer authorized by
law to place a ballot question on the ballotdeleted text end .
Sec. 74.
Minnesota Statutes 2022, section 211A.01, subdivision 8, is amended to read:
Subd. 8.
Political purposes.
An act is done for "political purposes" if it is of a nature,
done with the intent, or done in a way to influence or tend to influence, directly or indirectly,
voting new text begin for a candidate new text end at a primary or an election or if it is done because a person is about
to vote, has voted, or has refrained from voting new text begin for a candidate new text end at a primary or an election.
Sec. 75.
Minnesota Statutes 2023 Supplement, section 211A.02, subdivision 1, is amended
to read:
Subdivision 1.
When and where filed by committeesnew text begin or candidatesnew text end .
(a) A committee
or a candidate who receives contributions or makes disbursements of more than $750 in a
calendar year shall submit an initial report to the filing officer within 14 days after the
candidate or committee receives or makes disbursements of more than $750 and deleted text begin shalldeleted text end new text begin mustnew text end
continue to make the reports deleted text begin listed in paragraph (b)deleted text end new text begin required by this subdivisionnew text end until a final
report is filed.
(b) deleted text begin The committee ordeleted text end new text begin In a year in which anew text end candidate deleted text begin must file a report by January 31 of
each year following the year when the initial report was filed and in a year whendeleted text end new text begin receives
contributions or makes disbursements of more than $750 ornew text end the candidate's name deleted text begin or a ballot
questiondeleted text end appears on the ballot, the candidate deleted text begin or committee shalldeleted text end new text begin mustnew text end file a report:
(1) ten days before the primary or special primarydeleted text begin . This report is requireddeleted text end new text begin if a primary
is held in the jurisdiction,new text end regardless of whether the candidate deleted text begin or issuedeleted text end is on the primary
ballot deleted text begin ordeleted text end new text begin . Ifnew text end a primary is not conductednew text begin , the report is due ten days before the primary date
specified in section 205.065new text end ;
(2) ten days before the general election or special election; and
(3) 30 days after a general or special election.
new text begin
The reporting obligations in this paragraph begin with the first report due after the reporting
period in which the candidate reaches the spending threshold specified in paragraph (a). A
candidate who did not file for office is not required to file reports required by this paragraph
that are due after the end of the filing period. A candidate whose name will not be on the
general election ballot is not required to file the reports required by clauses (2) and (3).
new text end
new text begin
(c) Until a final report is filed, a candidate must file a report by January 31 of each year.
Notwithstanding subdivision 2, clause (4), the report required by this subdivision must only
include the information from the previous calendar year.
new text end
Sec. 76.
Minnesota Statutes 2022, section 211A.02, subdivision 2, is amended to read:
Subd. 2.
Information required.
The report to be filed by a candidate or committee must
include:
(1) the name of the candidate deleted text begin or ballot questiondeleted text end new text begin and office soughtnew text end ;
(2) the printed name, address, telephone number, signature, and email address, if available,
of the person responsible for filing the report;
(3) the total cash on hand designated to be used for political purposes;
(4) the total amount of contributionsnew text begin receivednew text end and new text begin the total amount of new text end disbursements for
the period from the last previous report to five days before the current report is due;
(5) deleted text begin the amount, date, and purpose for each disbursementdeleted text end new text begin if disbursements made to the
same vendor exceed $100 in the aggregate during the period covered by the report, the name
and address for the vendor and the amount, date, and purpose for each disbursementnew text end ; and
(6) the name, address, and employer, or occupation if self-employed, of any individual
or deleted text begin committeedeleted text end new text begin entitynew text end that during the deleted text begin yeardeleted text end new text begin period covered by the reportnew text end has made one or more
contributions that in the aggregate exceed $100, and the amount and date of each contribution.
The filing officer must restrict public access to the address of any individual who has made
a contribution that exceeds $100 and who has filed with the filing officer a written statement
signed by the individual that withholding the individual's address from the financial report
is required for the safety of the individual or the individual's family.
Sec. 77.
Minnesota Statutes 2022, section 211A.05, subdivision 1, is amended to read:
Subdivision 1.
Penalty.
A candidate who intentionally fails to file a report required by
section 211A.02 or a certification required by this section is guilty of a misdemeanor. The
treasurer of a committee deleted text begin formed to promote or defeat a ballot questiondeleted text end who intentionally
fails to file a report required by section 211A.02 or a certification required by this section
is guilty of a misdemeanor. Each candidate or treasurer of a committee deleted text begin formed to promote
or defeat a ballot question shalldeleted text end new text begin mustnew text end certify to the filing officer that all reports required by
section 211A.02 have been submitted to the filing officer or that the candidate or committee
has not received contributions or made disbursements exceeding $750 in the calendar year.
The certification deleted text begin shalldeleted text end new text begin mustnew text end be submitted to the filing officer no later than seven days after
the general or special election. The secretary of state deleted text begin shalldeleted text end new text begin mustnew text end prepare blanks for this
certification. An officer who issues a certificate of election to a candidate who has not
certified that all reports required by section 211A.02 have been filed is guilty of a
misdemeanor.
Sec. 78.
Minnesota Statutes 2022, section 211A.06, is amended to read:
211A.06 FAILURE TO KEEP ACCOUNT; PENALTY.
A new text begin candidate, new text end treasurernew text begin ,new text end or other individual who receives money for a committee is guilty
of a misdemeanor if the individual:
(1) fails to keep a correct account as required by law;
(2) mutilates, defaces, or destroys an account record; or
(3) in the case of a committee, refuses upon request to provide financial information to
a candidate; and
(4) does any of these things with the intent to conceal receipts or disbursements, the
purpose of receipts or disbursements, or the existence or amount of an unpaid debt or the
identity of the person to whom it is owed.
Sec. 79.
Minnesota Statutes 2022, section 211A.07, is amended to read:
211A.07 BILLS WHEN RENDERED AND PAID.
A person who has a bill, charge, or claim against a deleted text begin candidate'sdeleted text end new text begin candidate or anew text end committee
deleted text begin shalldeleted text end new text begin mustnew text end render it in writing to the new text begin candidate or new text end committee within 60 days after the material
or service is provided. A bill, charge, or claim that is not presented within 60 days after the
material or service is provided must not be paid.
Sec. 80.
Minnesota Statutes 2022, section 211A.12, is amended to read:
211A.12 CONTRIBUTION LIMITS.
new text begin (a) new text end A candidate or deleted text begin a candidate'sdeleted text end committee may not accept aggregate contributions made
or delivered by an individual or new text begin an association, a political new text end committeenew text begin , political fund, or
political party unitnew text end in excess of $600 in an election year for the office sought and $250 in
other years; except that a candidate or a candidate's committee for an office whose territory
has a population over 100,000 may not accept aggregate contributions made or delivered
by an individual ornew text begin an association, a politicalnew text end committeenew text begin , political fund, or political party
unitnew text end in excess of $1,000 in an election year for the office sought and $250 in other years.
new text begin (b) new text end The following deliveries are not subject to the bundling limitation in this section:
(1) delivery of contributions collected by a member of the candidate's committee, such
as a block worker or a volunteer who hosts a fundraising event, to the committee's treasurer;
and
(2) a delivery made by an individual on behalf of the individual's spouse.
new text begin (c) new text end Notwithstanding sections 211A.02, subdivision 3, and 410.21, this section supersedes
any home rule charter.
new text begin
(d) For purposes of this section, the terms "political committee," "political fund," and
"political party unit" have the meanings given in section 10A.01.
new text end
Sec. 81.
Minnesota Statutes 2022, section 211A.14, is amended to read:
211A.14 CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE
SESSION.
A legislator or state constitutional officer who is a candidate deleted text begin for a county, city, or town
office,deleted text end new text begin under this chapter, andnew text end the candidate's principal campaign committee, and any other
political committee with the candidate's name or title may not solicit or accept a contribution
from a political new text begin committee, political new text end fundnew text begin ,new text end or deleted text begin registereddeleted text end lobbyist during a regular session of
the legislature.new text begin For purposes of this section, the terms "political committee," "political fund,"
and "lobbyist" have the meanings given in section 10A.01.
new text end
Sec. 82.
Minnesota Statutes 2023 Supplement, section 211B.076, subdivision 4, is amended
to read:
Subd. 4.
Dissemination of personal information about an election official.
(a) A
person may not knowingly and without consent make publicly available, including but not
limited to through the Internet, personal information about an election official or an election
official's family or household member if:
(1) the deleted text begin disseminationdeleted text end new text begin public availability of informationnew text end poses an imminent and serious
threat to the official's safety or the safety of an official's family or household member; and
(2) the person making the information publicly available knows or reasonably should
know of any imminent and serious threat.
(b) As used in this subdivision, "personal information" means deleted text begin thedeleted text end new text begin a home telephone
number, cell number, personal email address, name of the official's minor child, photographs
of the official's minor child,new text end home address deleted text begin of the election official or a member of an election
official's familydeleted text end , directions to deleted text begin thatdeleted text end new text begin anew text end home, or photographs of deleted text begin thatdeleted text end new text begin anew text end home.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 83.
Minnesota Statutes 2022, section 211B.17, subdivision 1, is amended to read:
Subdivision 1.
Forfeiture of nomination or office.
Except as provided in subdivision
2, if a candidate is found guilty of violating this chapter new text begin or section 609.771 new text end or an offense
was committed by another individual with the knowledge, consent, or connivance of the
candidate, the court, after entering the adjudication of guilty, shall enter a supplemental
judgment declaring that the candidate has forfeited the nomination or office. If the court
enters the supplemental judgment, it shall transmit to the filing officer a transcript of the
supplemental judgment, the nomination or office becomes vacant, and the vacancy must be
filled as provided by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 84.
Minnesota Statutes 2022, section 211B.18, is amended to read:
211B.18 DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSITIONS.
A candidate whose election to office has been set aside for a violation of this chapter new text begin or
section 609.771 new text end may not be appointed, during the period fixed by law as the term of the
office, to fill a vacancy in that office. A candidate or other individual who is convicted of
a violation of this chapter new text begin or section 609.771 new text end may not be appointed, during the period fixed
by law as the term of the office with respect to which the election was held and the offense
was committed, to fill a vacancy that may occur in the office. An appointment to an office
made contrary to the provisions of this section is void.
A candidate or other individual who is convicted of a violation of this chapter new text begin or section
609.771 new text end is not qualified, during the period fixed by law as the term of the office with respect
to which the election was held and the offense was committed, to fill a vacancy in an office
for which the legislature may establish qualifications under article XII, section 3, of the
Minnesota Constitution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 85.
new text begin
[241.062] COLLECTION OF INCARCERATED PERSON'S ADDRESS.
new text end
new text begin
(a) As part of an incarcerated person's intake process, the commissioner of corrections
must make all reasonable efforts to ensure that the information listed in section 2.93,
subdivision 3, clauses (1) to (5), is collected and recorded. The information must be collected
in compliance with the format and guidelines developed pursuant to section 2.93, subdivision
5. An incarcerated person who was participating in the Safe at Home program established
in chapter 5B, who has safety concerns about providing a last residential address, or who
has safety concerns for people residing at that address may decline to provide an address.
new text end
new text begin
(b) The incarcerated person's last residential address and the information listed in section
2.93, subdivision 3, clauses (1) to (5), collected on intake and maintained by the
commissioner are private data on individuals as defined in section 13.02, subdivision 12.
new text end
new text begin
(c) Beginning in 2030, the commissioner must provide the information described in this
section electronically to the director of the Legislative Coordinating Commission as required
in section 2.93.
new text end
Sec. 86.
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. 87.
Minnesota Statutes 2022, section 375.08, is amended to read:
375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.
new text begin (a) Except as provided in paragraph (b) or section 375.081, new text end when a vacancy occurs in
the office of an elected county auditor, county treasurer, county recorder, sheriff, county
attorney, county surveyor, or coroner, the county board deleted text begin shalldeleted text end new text begin mustnew text end fill it by appointmentnew text begin at
a regular or special meetingnew text end . deleted text begin For that purpose it shall meet at the usual place of meeting,
upon one day's notice from the chair or clerk, which shall be served personally upon each
member in the same manner as a district court summons. Thedeleted text end new text begin Anew text end person appointed deleted text begin shalldeleted text end new text begin to
a vacancy pursuant to this paragraph mustnew text end give the bond and take the oath required by law,
and serve the remainder of the term, and until a successor qualifies.
new text begin
(b) When a vacancy occurs in the office of sheriff or county attorney less than 84 days
before the state primary in the year preceding the end of the term, the county board may fill
the vacancy by appointment at a regular or special meeting. A person appointed to fill a
vacancy pursuant to this paragraph serves only until the successor is elected. The person
elected at the general election to the office for the ensuing term must take office immediately
after receiving the certificate of election, filing the bond, and taking the oath of office.
new text end
new text begin (c) new text end When a vacancy occurs in an office that has a chief deputy or first assistant, the chief
deputy or first assistant may perform all the duties and functions of the office until it is filled
by appointment by the county board.
Sec. 88.
new text begin
[375.081] VACANCY IN OFFICE OF SHERIFF OR COUNTY ATTORNEY;
OPTIONAL SPECIAL ELECTION.
new text end
new text begin
As an alternative to the appointment procedure provided in section 375.08, a vacancy
in the office of sheriff or county attorney may be filled at a special election as provided in
this section. The county board may, by resolution, call for a special election to be held on
a date authorized by section 205.10, subdivision 3a. The person elected at the special election
must take office immediately after receipt of the certificate of election and upon filing the
bond and taking the oath of office and must serve the remainder of the unexpired term. This
section does not apply to a vacancy that occurs less than 84 days before the state primary
in the year preceding the end of the term.
new text end
Sec. 89.
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 74deleted text end new text begin 84new 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. 90.
new text begin
[471.3422] WEBSITE DOMAIN REQUIREMENT FOR CERTAIN
COUNTIES, CITIES, AND TOWNS.
new text end
new text begin
(a) By June 1, 2026, every county and each municipality that administers elections shall
use a .gov domain for the website address used by the county or municipality.
new text end
new text begin
(b) If a municipality has applied for a .gov domain but has not fully transitioned to using
a .gov domain by June 1, 2026, the municipality is not in violation of this section. Such a
municipality is in violation of this section if the municipality has not fully transitioned to
using a .gov domain by June 1, 2028.
new text end
Sec. 91.
Minnesota Statutes 2022, section 609.5151, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(1) "family or household member" has the meaning given in section 518B.01, subdivision
2;
(2) "law enforcement official" means both peace officers as defined in section 626.84,
subdivision 1, and persons employed by a law enforcement agency; and
(3) "personal information" means a new text begin home telephone number, cell number, personal email
address, name of the official's minor child, photographs of the official's minor child, new text end home
address, directions to a home, or photographs of a home.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 92.
Minnesota Statutes 2022, section 609.5151, subdivision 2, is amended to read:
Subd. 2.
Crime described.
(a) It is a misdemeanor for a person to knowingly and without
consent make publicly available, including but not limited to through the Internet, personal
information about a law enforcement official or an official's family or household member,
if:
(1) the deleted text begin disseminationdeleted text end new text begin public availability of informationnew text end poses an imminent and serious
threat to the official's safety or the safety of an official's family or household member; and
(2) the person making the information publicly available knows or reasonably should
know of the imminent and serious threat.
(b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and
a law enforcement official or an official's family or household member suffers great bodily
harm or death as a result of the violation.
(c) A person who is convicted of a second or subsequent violation of this section is guilty
of a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 93.
Minnesota Statutes 2023 Supplement, section 609.771, subdivision 2, is amended
to read:
Subd. 2.
Use of deep fake to influence an election; violation.
new text begin (a) new text end A person who
disseminates a deep fake or enters into a contract or other agreement to disseminate a deep
fake is guilty of a crime and may be sentenced as provided in subdivision 3 if the person
knows or deleted text begin reasonably should know thatdeleted text end new text begin acts with reckless disregard about whethernew text end the item
being disseminated is a deep fake and dissemination:
(1) takes place within new text begin 30 days before a political party nominating convention, or after
the start of the absentee voting period prior to a presidential nomination primary, state
primary, local primary, special primary, or special election or new text end 90 days before deleted text begin andeleted text end new text begin a generalnew text end
election;
(2) is made without the consent of the depicted individual; and
(3) is made with the intent to injure a candidate or influence the result of an election.
new text begin
(b) This subdivision does not apply to a broadcaster who disseminates a deep fake
produced by a candidate if the broadcaster's dissemination is required by federal law.
new text end
new text begin
(c) A regularly published newspaper, magazine, or other periodical; a radio or television
broadcasting station, including a cable or satellite television operator, programmer, or
producer; or a streaming service is not in violation of this section if the entity distributes
political advertisements prohibited by this section as part of a bona fide newscast, news
interview, news documentary, or on-the-spot coverage of a bona fide news event if the
broadcast or publication clearly acknowledged through content or a disclosure, in a manner
that can easily be heard and understood or read by the average listener or viewer, that there
are questions about the authenticity of the election communication.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 94.
Minnesota Statutes 2023 Supplement, section 609.771, subdivision 3, is amended
to read:
Subd. 3.
Use of deep fake to influence an election; penalty.
new text begin (a) new text end A person convicted of
violating subdivision 2 may be sentenced as follows:
(1) if the person commits the violation within five years of one or more prior convictions
under this section, to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both;
(2) if the person commits the violation with the intent to cause violence or bodily harm,
to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000,
or both; or
(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both.
new text begin
(b) In the case of a candidate convicted of violating subdivision 2, the court must enter
a supplemental judgment declaring that the candidate has forfeited the nomination or office
in accordance with section 211B.17.
new text end
new text begin
(c) A candidate or other individual convicted of violating subdivision 2 is disqualified
from being appointed to that office or any other office for which the legislature may establish
qualifications under the Minnesota Constitution, article XII, section 3, in accordance with
section 211B.18.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to crimes
committed on or after that date.
new text end
Sec. 95.
Minnesota Statutes 2023 Supplement, section 609.771, subdivision 4, is amended
to read:
Subd. 4.
Injunctive relief.
A cause of action for injunctive new text begin or equitable new text end relief may be
maintained against any person who is reasonably believed to be about to violate or who is
in the course of violating this section by:
(1) the attorney general;
(2) a county attorney or city attorney;
(3) the depicted individual; or
(4) a candidate for nomination or election to a public office who is injured or likely to
be injured by dissemination.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024, and applies to acts committed
on or after that date.
new text end
Sec. 96.
Minnesota Statutes 2023 Supplement, section 609.771, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Severability. new text end
new text begin
If any one or more provision, subdivision, sentence, clause, phrase,
or word of this section or the application of it to any person or circumstance is found to be
unconstitutional, it is declared to be severable and the balance of this section shall remain
effective notwithstanding that unconstitutionality. The legislature intends that it would have
passed this section, and each provision, subdivision, sentence, clause, phrase, or word,
regardless of the fact that any one provision, subdivision, sentence, clause, phrase, or word
is declared unconstitutional.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 97. new text begin COLLECTION OF CURRENT INCARCERATED PERSON'S ADDRESS.
new text end
new text begin
Prior to April 1, 2030, the commissioner of corrections must make reasonable efforts to
collect from or confirm with each incarcerated person the following information:
new text end
new text begin
(1) the residential address of the person immediately prior to incarceration or, if the
person resided in an area lacking a specific physical address immediately prior to
incarceration, a description of the physical location where the person regularly stayed
immediately prior to being incarcerated; and
new text end
new text begin
(2) the following demographic information: the racial and ethnic information collected
by the census and whether the person is over the age of 18.
new text end
new text begin
This section only applies to an incarcerated person who was incarcerated prior to the date
the commissioner started routinely collecting the information in clauses (1) and (2) as part
of the intake process.
new text end
Sec. 98. new text begin STATE AND LOCAL LOBBYING ACTIVITY; STUDY REQUIRED.
new text end
new text begin
The Campaign Finance and Public Disclosure Board must study and, if appropriate,
make recommendations to the legislature on the definition of "lobbyist" for purposes of the
Minnesota Statutes. The study and recommendations must focus primarily on whether the
law does or should distinguish between activities that constitute lobbying of a state
government official and activities that constitute lobbying of a local official. If the study
determines that a distinction between these activities is appropriate, the board must
recommend options for the legislature to consider in adopting that distinction by law. The
board must submit a report describing the study, its results, and any associated
recommendations to the chairs and ranking minority members of the legislative committees
with jurisdiction over campaign finance and lobbyist registration policy no later than January
15, 2025.
new text end
Sec. 99. 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. 100. 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. 101. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 211A.01, subdivisions 2 and 4; 211A.02,
subdivision 4; and 383B.031,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2023 Supplement, sections 10A.201, subdivision 11; and 243.205,
subdivision 3,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
The repeal of Minnesota Statutes, section 10A.201, subdivision
11, is effective January 1, 2025, and applies to communications disseminated on or after
that date.
new text end
Sec. 102. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless otherwise specified, this article is effective July 1, 2024.
new text end
ARTICLE 2
MINNESOTA VOTING RIGHTS ACT
Section 1.
new text begin
[200.50] MINNESOTA VOTING RIGHTS ACT.
new text end
new text begin
Sections 200.50 to 200.59 may be cited as the "Minnesota Voting Rights Act."
new text end
Sec. 2.
new text begin
[200.52] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
As used in sections 200.50 to 200.59, the terms as defined
in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Disparity. new text end
new text begin
"Disparity" means any variance that is supported by validated
methodologies and, where relevant, is statistically significant.
new text end
new text begin Subd. 3. new text end
new text begin Government official. new text end
new text begin
"Government official" means any individual who is
elected or appointed to an office in this state or a political subdivision or who is authorized
to act in an official capacity on behalf of the state or a political subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Language minority group. new text end
new text begin
"Language minority group" means a language
minority group as that term is defined in the federal Voting Rights Act of 1965, as amended,
as of the effective date of this act.
new text end
new text begin Subd. 5. new text end
new text begin Method of election. new text end
new text begin
(a) "Method of election" means the method by which
candidates are elected to the legislative body of a political subdivision, and includes at-large
method of election, district-based method of election, or any alternative method of election.
Method of election also includes the districting or redistricting plan used to elect candidates
to the legislative body of a political subdivision.
new text end
new text begin
(b) "At-large method of election" means a method of electing candidates to the legislative
body of a political subdivision in which candidates are voted on by all voters of the political
subdivision or that combines at-large with district-based elections. At-large method of
election does not include any alternative method of election.
new text end
new text begin
(c) "District-based method of election" means a method of electing candidates to the
legislative body of a political subdivision in which, for political subdivisions divided into
districts, a candidate for any district is required to reside in the district and candidates
representing or seeking to represent the district are voted on by only the voters who reside
in the district. District-based method of election does not include any alternative method of
election.
new text end
new text begin
(d) "Alternative method of election" means a method of electing candidates to the
legislative body of a political subdivision other than an at-large method of election or a
district-based method of election and includes but is not limited to cumulative voting, limited
voting, and proportional ranked choice voting.
new text end
new text begin Subd. 6. new text end
new text begin Political subdivision. new text end
new text begin
"Political subdivision" means a county, city, town, or
school district.
new text end
new text begin Subd. 7. new text end
new text begin Politically cohesive. new text end
new text begin
"Politically cohesive" means that members of a group
tend to prefer the same candidates, electoral choices, or policies.
new text end
new text begin Subd. 8. new text end
new text begin Protected class. new text end
new text begin
"Protected class" means a class of citizens who are members
of a racial, color, or language minority group, or who are members of a federally recognized
Indian Tribe, including a class of two or more such groups.
new text end
new text begin Subd. 9. new text end
new text begin Polarized voting. new text end
new text begin
"Polarized voting" means voting in which the candidate or
electoral choice preferred by a protected class diverges from the candidate or electoral choice
preferred by other voters.
new text end
new text begin Subd. 10. new text end
new text begin Vote; voting. new text end
new text begin
"Vote" or "voting" includes any action necessary to cast a ballot
and make that ballot count in any election, including but not limited to: registering to vote;
applying for an absentee ballot; and any other action required by law as a prerequisite to
casting a ballot and having that ballot counted, canvassed, certified, and included in the
appropriate totals of votes cast with respect to an election.
new text end
new text begin Subd. 11. new text end
new text begin Voting eligible population. new text end
new text begin
"Voting eligible population" means those
individuals who are eligible to register and vote, regardless of whether the individuals are
registered to vote.
new text end
Sec. 3.
new text begin
[200.53] CONSTRUCTION AND USE OF AUTHORITY.
new text end
new text begin
A law, rule, local law, charter provision, local ordinance, or local code relating to the
right to vote, or which grants authority to prescribe or maintain voting or elections policies
and practices, must be construed or applied liberally in favor of a voter's exercise of the
right of suffrage. To the extent a court is afforded discretion on an issue, including but not
limited to discovery, procedure, admissibility of evidence, or remedies, the court must
exercise that discretion and weigh other equitable discretion in favor of this right.
new text end
Sec. 4.
new text begin
[200.54] VOTER SUPPRESSION AND VOTE DILUTION PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Voter suppression. new text end
new text begin
(a) A political subdivision or any other government
official or entity responsible for election administration must not adopt or apply a
qualification for eligibility to vote or other prerequisite to voting; adopt or apply any law,
ordinance, rule, standard, practice, procedure, or policy regarding the administration of
elections; or take any other action or fail to take any action that results in, is likely to result
in, or is intended to result in a denial or abridgement of the right to vote by a member of a
protected class.
new text end
new text begin
(b) A violation of this subdivision may be established if:
new text end
new text begin
(1) the challenged qualification, law, ordinance, rule, standard, practice, procedure,
policy, or action results in:
new text end
new text begin
(i) a disparity in voter participation;
new text end
new text begin
(ii) access to voting opportunities; or
new text end
new text begin
(iii) the opportunity or ability to participate in the political process between a protected
class and other members of the electorate; and
new text end
new text begin
(2) the totality of the circumstances show that the challenged qualification, law, ordinance,
rule, standard, practice, procedure, policy, or action is related to social and historical
conditions affecting members of the protected class.
new text end
new text begin Subd. 2. new text end
new text begin Vote dilution. new text end
new text begin
(a) A political subdivision or any other government official or
entity responsible for election administration must not adopt or enforce any method of
election, or cause an annexation, incorporation, dissolution, consolidation, or division of a
political subdivision, that has the effect of impairing the equal opportunity or ability of
members of a protected class to nominate or elect candidates of their choice as a result of
diluting the vote of members of that protected class.
new text end
new text begin
(b) A violation of paragraph (a) exists when it is shown that:
new text end
new text begin
(1) either:
new text end
new text begin
(i) elections in a political subdivision exhibit polarized voting resulting in an impairment
of the equal opportunity or ability of protected class members to nominate or elect candidates
of their choice; or
new text end
new text begin
(ii) based on the totality of the circumstances, the equal opportunity or ability of protected
class members to nominate or elect candidates of their choice is impaired; and
new text end
new text begin
(2) one or more new methods of election or changes to the existing method of election
exist that the court could order pursuant to section 200.58 would likely mitigate the
impairment.
new text end
new text begin
(c) To the extent that a new method of election or change to the existing method of
election that is presented under paragraph (b), clause (2), is a proposed district-based plan
that provides protected class members with one or more reasonably configured districts in
which the protected class members would have an equal opportunity or ability to nominate
or elect candidates of the protected class members' choice, it is not necessary to show that
members of a protected class comprise a majority of the total population, voting age
population, voting eligible population, or registered voter population in any such district or
districts.
new text end
new text begin
(d) The fact that members of a protected class are not geographically compact does not
preclude a finding of a violation of this subdivision but may be a factor in determining
whether an appropriate remedy exists that would likely mitigate the impairment.
new text end
new text begin
(e) For claims brought on behalf of a protected class, including one consisting of two
or more racial, color, Tribal, or language minority groups that are politically cohesive in
the political subdivision, the court shall consider only the combined electoral preferences
of those racial, color, Tribal, or language minority groups in determining whether voting
by the protected class is polarized from other voters. It is not necessary to demonstrate that
voting by members of each racial, color, Tribal, or language minority group within a protected
class, or by any subgroup within a racial, color, or language minority group, is separately
polarized from other voters.
new text end
new text begin
(f) Evidence concerning the causes of, or the reasons for, the occurrence of polarized
voting is not relevant to the determination of whether polarized voting occurs, or whether
candidates or electoral choices preferred by a protected class would usually be defeated.
Evidence concerning alternate explanations for polarized voting patterns or election
outcomes, including but not limited to partisan explanations, must not be considered.
new text end
new text begin
(g) Evidence concerning projected changes in population or demographics may only be
considered when determining whether an appropriate remedy exists that would likely mitigate
the impairment.
new text end
Sec. 5.
new text begin
[200.55] RELEVANT FACTORS FOR DETERMINING VIOLATION.
new text end
new text begin Subdivision 1. new text end
new text begin Factors established. new text end
new text begin
In determining whether, under the totality of the
circumstances, a violation of section 200.54 has occurred with respect to a protected class,
a court may consider any of the following factors:
new text end
new text begin
(1) the history of discrimination affecting members of the protected class;
new text end
new text begin
(2) the extent to which members of the protected class are disadvantaged, or otherwise
bear the effects of past public or private discrimination, in any areas that may hinder their
ability to participate effectively in the political process, including education, employment,
health, criminal justice, housing, transportation, land use, or environmental protection;
new text end
new text begin
(3) whether members of the protected class vote at a lower rate than other voters;
new text end
new text begin
(4) the use of overt or subtle racial appeals in political campaigns or by government
officials;
new text end
new text begin
(5) the extent to which members of the protected class have been elected to office;
new text end
new text begin
(6) the extent to which members of the protected class have faced barriers with respect
to accessing the ballot, receiving financial support, or receiving any other support for their
candidacies for elective office;
new text end
new text begin
(7) the extent to which candidates who are members of a protected class face hostility
or barriers while campaigning due to the protected class membership;
new text end
new text begin
(8) the extent of polarized voting;
new text end
new text begin
(9) the use of any standard, practice, procedure, or policy that may enhance the dilutive
effects of a challenged method of election;
new text end
new text begin
(10) the lack of responsiveness by elected officials to the particularized needs of protected
class members or a community of protected class members;
new text end
new text begin
(11) whether the challenged method of election, ordinance, resolution, rule, policy,
standard, regulation, procedure, or law was designed to advance, and does materially advance,
an important state interest that is substantiated and supported by evidence; and
new text end
new text begin
(12) other factors the court may deem relevant.
new text end
new text begin Subd. 2. new text end
new text begin Necessity of factors. new text end
new text begin
No one factor in subdivision 1 is dispositive or necessary
to establish the existence of a violation of section 200.54, nor shall any specified number
or combination of factors be required in establishing that such a violation has occurred. The
court shall consider a particular factor only if and to the extent evidence pertaining to that
factor is introduced. The absence of evidence as to any particular factor does not preclude
a finding of a violation of section 200.54.
new text end
new text begin Subd. 3. new text end
new text begin Claims involving a political subdivision. new text end
new text begin
To the extent a claim concerns a
political subdivision, evidence of the factors in subdivision 1 is most probative if the evidence
relates to the political subdivision in which the alleged violation occurred, but still holds
probative value if the evidence relates to the geographic region in which that political
subdivision is located or to this state.
new text end
new text begin Subd. 4. new text end
new text begin Evidence of intent. new text end
new text begin
Evidence concerning the intent of voters, elected officials,
or the political subdivision to discriminate against members of a protected class is not
required to find a violation of section 200.54.
new text end
new text begin Subd. 5. new text end
new text begin Factors that must be excluded. new text end
new text begin
In determining whether a violation of section
200.54 has occurred, a court shall not consider any of the following:
new text end
new text begin
(1) the number of protected class members not burdened by the challenged qualification,
prerequisite, standard, practice, or procedure;
new text end
new text begin
(2) the degree to which the challenged qualification, prerequisite, standard, practice, or
procedure has a long pedigree or was in widespread use at some earlier date;
new text end
new text begin
(3) the use of an identical or similar qualification, prerequisite, standard, practice, or
procedure in other states or jurisdictions;
new text end
new text begin
(4) the availability of other forms of voting unimpacted by the challenged qualification,
prerequisite, standard, practice, or procedure to all members of the electorate, including
members of the protected class;
new text end
new text begin
(5) an impact on potential criminal activity by individual voters, if those crimes have
not occurred in the political subdivision in substantial numbers, or if the connection between
the challenged policy and any claimed prophylactic effect is not supported by substantial
evidence; or
new text end
new text begin
(6) mere invocation of interests in voter confidence or prevention of fraud.
new text end
Sec. 6.
new text begin
[200.56] PRESUIT NOTICE.
new text end
new text begin Subdivision 1. new text end
new text begin Notice required. new text end
new text begin
(a) Except as provided in this section, before filing an
action a prospective plaintiff shall send a notice letter to the political subdivision identifying
the potential violation, the affected protected class, and the type of remedy the potential
plaintiff believes may address the potential violation. The party may not file an action related
to the violations described in the notice within 60 days after sending the notice letter.
new text end
new text begin
(b) The notice letter required by paragraph (a) must include a legal analysis setting forth
the potential violations of section 200.54 with specificity. The letter must establish a voter
suppression claim, a vote dilution claim, or both. The letter must include a discussion of
any relevant factors established in section 200.55, subdivision 1, and must include evidence
to support the claims.
new text end
new text begin Subd. 2. new text end
new text begin Responsibility of political subdivision. new text end
new text begin
The political subdivision shall work
in good faith with the party that provided notice to implement a remedy that cures the
potential violation. If the political subdivision adopts a resolution identifying a remedy,
affirming its intent to enact and implement a remedy, and establishing a timeline and specific
steps it will take to do so, the political subdivision shall have 90 days after passing the
resolution to enact and implement a remedy, during which time the party who sent a notice
letter under this section may not file an action related to those violations against that political
subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Approval of remedies. new text end
new text begin
If the political subdivision lacks authority to enact or
implement an identified remedy, the political subdivision may nonetheless enact and
implement the remedy upon approval by the district court. To seek approval, the political
subdivision must file a petition in district court that identifies with specificity the law or
other authority that prevents the remedy from being enacted or implemented. The venue
for a petition under this subdivision is in the district court of the county where the challenged
act or practice occurred, or in the District Court of Ramsey County. The district court may
authorize the political subdivision to implement or enact the identified remedy
notwithstanding the applicable law or authority to the contrary, if the court determines that
the prospective plaintiff is likely to succeed in a lawsuit on the merits of the alleged violation;
that the proposed remedy would address the alleged violation; and that the proposed remedy
is narrowly tailored to that purpose.
new text end
new text begin Subd. 4. new text end
new text begin When presuit notice is not required. new text end
new text begin
Notwithstanding subdivisions 1 and 2,
a prospective plaintiff may file an action without first providing a notice letter if:
new text end
new text begin
(1) the party is seeking preliminary relief with respect to an upcoming election in
accordance with section 200.57;
new text end
new text begin
(2) the party is seeking to intervene or join an action that alleges a substantially similar
violation; or
new text end
new text begin
(3) following the party's submission of a notice letter, the political subdivision has enacted
a remedy that would not remedy the violation identified in the party's notice letter.
new text end
new text begin Subd. 5. new text end
new text begin Cost sharing. new text end
new text begin
(a) If a political subdivision enacts or implements a remedy in
response to a notice letter submitted under subdivision 1, the political subdivision and the
party who sent the notice letter must mutually agree on a reimbursement amount to be paid
by the political subdivision to that party. The reimbursement amount must reflect the
reasonable costs associated with producing and sending the letter and any accompanying
evidence, subject to the limitations of this subdivision.
new text end
new text begin
(b) To be eligible for a reimbursement, the party who submitted the notice letter must
submit a request to the political subdivision in writing. The request must:
new text end
new text begin
(1) be received by the political subdivision within 30 days of its enactment or adoption
of the remedy; and
new text end
new text begin
(2) be substantiated with financial documentation including, as applicable, detailed
invoices for expert analysis and reasonable attorney fees.
new text end
new text begin
(c) The cumulative amount of reimbursements to all parties must not exceed $20,000.
Reimbursement amounts for attorney fees are limited to amounts calculated using a lodestar
methodology.
new text end
new text begin
(d) To the extent a party requests reimbursement for a purported notice letter that fails
to comply with the requirements in subdivision 1, or the request fails to comply with this
subdivision, the political subdivision may dismiss the request. If the request is dismissed,
the political subdivision must notify the party in writing of the reasons for the dismissal.
new text end
Sec. 7.
new text begin
[200.57] RIGHT OF ACTION; VENUE; PRELIMINARY RELIEF.
new text end
new text begin Subdivision 1. new text end
new text begin Right of action. new text end
new text begin
(a) The attorney general, a county attorney, any individual
aggrieved by a violation of this act, any entity whose membership includes individuals
aggrieved by a violation of this act, any entity whose mission would be frustrated by a
violation of this act, or any entity that would expend resources in order to fulfill its mission
as a result of a violation of this act, may file an action in the district court for the county
where the challenged act or practice has occurred, or in the district court of Ramsey County.
Actions brought under this act are subject to expedited pretrial and trial proceedings and
must receive an automatic calendar preference.
new text end
new text begin
(b) In an action related to a districting or redistricting plan, any individual with standing
to challenge any single district shall be deemed to have standing to challenge the districting
or redistricting plan as a whole.
new text end
new text begin Subd. 2. new text end
new text begin Preliminary relief. new text end
new text begin
In any action seeking a temporary injunction or other
preliminary relief under this act before an election, the court shall grant relief only if, in
addition to any other factors considered in seeking an injunction or preliminary relief, the
court determines that it is possible to implement appropriate preliminary relief that would
address the alleged violation before the election.
new text end
Sec. 8.
new text begin
[200.58] REMEDIES.
new text end
new text begin
Notwithstanding any other law, if the court finds a violation of any provision of section
200.54, the court has authority to order remedies that are tailored to best mitigate the
violation. Any remedy ordered by the court must be constructed in favor of the factors listed
in section 200.53, subdivision 1. The court may consider, among others, any remedy that
has been ordered by a federal court or the court of another state jurisdiction, including
through a court-approved consent decree or settlement adopted in the context of similar
facts or to remedy a similar violation. The court shall consider remedies proposed by any
parties and may consider remedies proposed by interested nonparties. The court may not
provide deference or priority to a proposed remedy offered by a defendant or political
subdivision simply because the remedy has been proposed by the defendant or political
subdivision.
new text end
Sec. 9.
new text begin
[200.59] FEES AND COSTS.
new text end
new text begin
In any action brought under this act, the court, in its discretion, may allow the prevailing
party costs and reasonable attorney fees. If a party prevails on only a portion of their action,
the court shall award costs and fees attributable only to that portion of the action. If the
party against whom the action was filed prevails in the action, the court shall not award that
party any costs or fees unless the court finds the action is frivolous.
new text end
Sec. 10.
Minnesota Statutes 2022, section 204B.175, is amended to read:
204B.175 CHANGE OF POLLING PLACE IN AN EMERGENCY.
Subdivision 1.
Application.
When an emergency occurs after the deadline to new text begin designate
a polling place for the purpose of absentee or early voting pursuant to section 203B.081, or
after the deadline to new text end designate a polling place pursuant to section 204B.16 but before the
polls close on election day, a new polling place may be designated deleted text begin for that electiondeleted text end pursuant
to this section. For purposes of this section, an emergency is any situation that prevents the
safe, secure, and full operation of a polling placenew text begin , or when required to remedy a potential
violation of section 200.54new text end .
Subd. 2.
Changing polling place.
If a local election official determines that an emergency
has occurred or is imminent, the local election official must procure a polling place that is
as near the designated polling place as possible and that complies with the requirements of
section 204B.16, subdivisions 4 and 5. If it is not possible to locate a new polling place in
the precinct, the polling place may be located outside of the precinct without regard to the
distance limitations in section 204B.16, subdivision 1. new text begin If a polling location is changed to
remedy a potential violation of section 200.54, the location of the polling place must be
selected to remedy the violation. new text end The local election official must certify to the appropriate
governing body the expenses incurred because of the change. These expenses shall be paid
as part of the expenses of the election.
new text begin Subd. 2a. new text end
new text begin Designation of additional polling places. new text end
new text begin
A local election official may
designate additional polling locations, notwithstanding the deadlines in section 203B.081,
if additional designations are required to remedy a potential violation of section 200.54.
The local election official must certify to the appropriate governing body the expenses
incurred because of the change. These expenses shall be paid as part of the expenses of the
election.
new text end
Subd. 3.
Notice.
(a) Upon making the determination to relocate a polling place, the local
election official must immediately notify the county auditor and the secretary of state. The
notice must include the reason for the relocation and the reason for the location of the new
polling place. As soon as possible, the local election official must also post a notice stating
the reason for the relocation and the location of the new polling place. The notice must also
be posted on the website of the public body, if there is one. The local election official must
also notify the election judges and request that local media outlets publicly announce the
reason for the relocation and the location of the polling place.new text begin If the relocation occurs more
than 14 days prior to the election, the local election official must mail a notice to impacted
voters of the reason for the relocation and the location of the polling place.
new text end
(b) On election day, the local election official must post a notice in large print in a
conspicuous place at the polling place where the emergency occurred, if practical, stating
the location of the new polling place. The local election official must also post the notice,
if practical, in a location visible by voters who vote from their motor vehicles as provided
in section 204C.15, subdivision 2. If polling place hours are extended pursuant to section
204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph must
include a statement that the polling place hours at the new polling place will be extended
until the specified time.
Sec. 11. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: S4729-2
10A.201 ELECTIONEERING COMMUNICATIONS; DEFINITIONS.
Subd. 11.
Targeted to the relevant electorate.
"Targeted to the relevant electorate" means the communication can be received by 10,000 or more individuals:
(1) in the district the candidate seeks to represent, in the case of a candidate for representative, senator, or other office represented by district; or
(2) in the entire state, if the candidate seeks a statewide office.
211A.01 DEFINITIONS.
Subd. 2.
Ballot question.
"Ballot question" means a proposition placed on the ballot to be voted on by the voters of one or more political subdivisions but not by all the voters of the state.
Subd. 4.
Committee.
"Committee" means a corporation or association or persons acting together to influence the nomination, election, or defeat of a candidate or to promote or defeat a ballot question. Promoting or defeating a ballot question includes efforts to qualify or prevent a proposition from qualifying for placement on the ballot.
211A.02 FINANCIAL REPORT.
Subd. 4.
Congressional candidates.
Candidates for election to the United States House of Representatives or Senate and any political committees raising money and making disbursements exclusively on behalf of any one of those candidates may file copies of their financial disclosures required by federal law in lieu of the financial statement required by this section. A candidate or committee whose report is published on the Federal Election Commission website has complied with the filing requirements of this section.
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."
383B.031 BOARD VACANCIES: MORE OR NOT MORE THAN SIX MONTHS OUT.
Subdivision 1.
More than six months; special election.
Notwithstanding the provisions of section 375.101, if a vacancy occurs in a seat on the Board of County Commissioners of Hennepin County more than six months before the general election in which a commissioner will next be selected to occupy such seat the county auditor shall, within seven days after the vacancy occurs, call a special election within the affected district to fill such vacancy. The auditor shall specify a date for the election to be held on a date authorized by section 205.10, subdivision 3a. Candidates shall file with the county auditor prior to the 35th day before the election. The primary election shall be held 14 days before the election. If no more than two candidates file for the office, the primary election shall be canceled and the date of the general election advanced 14 days.
Subd. 2.
Minnesota Statutes controls; affidavit of candidacy.
Each person who wishes to file as a candidate in the election for which provision is made in subdivision 1 shall submit to the county auditor an affidavit for candidacy. Except as otherwise specifically provided in this section, the special election shall be held in accordance with the provisions of Minnesota Statutes 1965, chapter 203. The candidate who receives a plurality of the votes cast in the special election shall be certified the winner.
Subd. 3.
Not more than six months; general election.
A vacancy in a seat on a board of county commissioners which occurs not more than six months before the general election in which a commissioner will next be selected to occupy the seat shall be filled at the general election.
Subd. 4.
Elected for unexpired term.
A person elected to the office of commissioner pursuant to the provisions of this section shall hold office for the unexpired term of the person's predecessor.