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HF 4351

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 11:38am

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

Current Version - as introduced

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A bill for an act
relating to elections; creating a technology and cybersecurity account; providing
for technology and cybersecurity maintenance; requiring election day registrants
to cast provisional ballots; amending the process to register to vote in conjunction
with submitting an absentee ballot; providing a penalty; making conforming
changes; appropriating money; amending Minnesota Statutes 2018, sections
171.072; 201.061, subdivisions 1a, 3, 4; 201.121, subdivision 1; 201.225,
subdivisions 2, 5; 203B.04, subdivision 4; 203B.07, subdivision 3; 203B.08,
subdivision 3; 203B.081, subdivision 3; 203B.121, subdivision 2; 204C.07,
subdivision 3a; 204C.14, subdivision 1; 204C.32; 204C.33, subdivision 1; 204C.37;
205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 5;
204C; repealing Minnesota Statutes 2018, sections 135A.17, subdivision 2; 201.061,
subdivision 7; 201.121, subdivision 3.

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

Section 1.

new text begin [5.42] TECHNOLOGY AND CYBERSECURITY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given them.
new text end

new text begin (b) "Information and telecommunications technology systems and services" has the
meaning given in section 16E.03, subdivision 1, paragraph (a).
new text end

new text begin (c) "Cybersecurity" has the meaning given in section 16E.03, subdivision 1, paragraph
(e).
new text end

new text begin Subd. 2. new text end

new text begin Account. new text end

new text begin (a) The secretary of state may retain two percent of all fees collected
by the secretary of state by law to be used for costs related to the maintenance and
enhancement of the secretary of state's (1) information and telecommunications technology
systems and services, and (2) for cybersecurity capabilities.
new text end

new text begin (b) Money received under this subdivision must be deposited in an account in the special
revenue fund and is annually appropriated to the secretary of state for purposes of this
subdivision.
new text end

Sec. 2.

Minnesota Statutes 2018, section 171.072, is amended to read:


171.072 TRIBAL IDENTIFICATION CARD.

(a) If a Minnesota identification card is deemed an acceptable form of identification in
Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of
identification. A tribal identification card is a primary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant
license or identification card.

(b) For purposes of this section, "tribal identification card" means an unexpired
identification card issued by a Minnesota tribal government of a tribe recognized by the
Bureau of Indian Affairs, United States Department of the Interior, that contains the legal
name, date of birth, signature, and picture of the enrolled tribal member.

(c) The tribal identification card must contain security features that make it as impervious
to alteration as is reasonably practicable in its design and quality of material and technology.
The security features must use materials that are not readily available to the general public.
The tribal identification card must not be susceptible to reproduction by photocopying or
simulation and must be highly resistant to data or photograph substitution and other
tampering.

(d) new text beginExcept as provided in paragraph (a), new text endthe requirements of this section do not applydeleted text begin:
(1) except as provided in paragraph (a),
deleted text end to an application for a driver's license or Minnesota
identification card under this chapterdeleted text begin; or (2) to tribal identification cards used to prove an
individual's residence for purposes of section 201.061, subdivision 3
deleted text end.

Sec. 3.

Minnesota Statutes 2018, section 201.061, subdivision 1a, is amended to read:


Subd. 1a.

Incomplete registration by mail.

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

(1) deleted text beginpresenting to the auditordeleted text end new text beginsubmitting a completed voter registration application new text endmore
than 20 days before the election deleted text begina document authorized for election day registration in
section 201.061, subdivision 3
deleted text end;

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

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

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

Sec. 4.

Minnesota Statutes 2018, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 5.

Minnesota Statutes 2018, section 201.061, subdivision 4, is amended to read:


Subd. 4.

Registration by election judges; procedures.

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

Sec. 6.

Minnesota Statutes 2018, section 201.121, subdivision 1, is amended to read:


Subdivision 1.

Entry of registration information.

(a) At the time a voter registration
application is properly completed, submitted, and received in accordance with sections
201.061 and 201.071, the county auditor shall enter the information contained on it into the
statewide registration system. Voter registration applications completed before election day
must be entered into the statewide registration system within ten days after they have been
submitted to the county auditor. Voter registration applications completed on election day
must be entered into the statewide registration system within deleted text begin42deleted text end new text begin....... new text enddays after the electiondeleted text begin,
unless the county auditor notifies the secretary of state before the deadline has expired that
the deadline will not be met. Upon receipt of a notification under this paragraph, the secretary
of state must extend the deadline for that county auditor by an additional 28 days. The
secretary of state may waive a county's obligations under this paragraph if, on good cause
shown, the county demonstrates its permanent inability to comply
deleted text end.

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

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

(c) Within ten days after the county auditor has entered information from a voter
registration application into the statewide registration system, the secretary of state shall
compare the voter's name, date of birth, and driver's license number, state identification
number, or the last four digits of the Social Security number with the same information
contained in the Department of Public Safety database.

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

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

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

Sec. 7.

Minnesota Statutes 2018, section 201.225, subdivision 2, is amended to read:


Subd. 2.

Technology requirements.

An electronic roster must:

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

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

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

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

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

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

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

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

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

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

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

(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Office of MN.IT Services;

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

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

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

Sec. 8.

Minnesota Statutes 2018, section 201.225, subdivision 5, is amended to read:


Subd. 5.

Election day.

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

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

Sec. 9.

Minnesota Statutes 2018, section 203B.04, subdivision 4, is amended to read:


Subd. 4.

Registration at time of application.

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

Sec. 10.

Minnesota Statutes 2018, section 203B.07, subdivision 3, is amended to read:


Subd. 3.

Eligibility certificate.

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

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

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

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

Sec. 11.

Minnesota Statutes 2018, section 203B.08, subdivision 3, is amended to read:


Subd. 3.

Procedures on receipt of ballots.

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

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

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

Sec. 12.

Minnesota Statutes 2018, section 203B.081, subdivision 3, is amended to read:


Subd. 3.

Alternative procedure.

(a) The county auditor may make available a ballot
counter and ballot box for use by deleted text beginthedeleted text end new text beginpreregistered new text endvoters during the seven days before the
election. If a ballot counter and ballot box is provided, a voter must be given the option
either (1) to vote using the process provided in section 203B.08, subdivision 1, or (2) to
vote in the manner provided in this subdivision.

(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's name, address, and date of birth to the county auditor or municipal clerk.
The voter shall sign a voter's certificate, which must include the voter's name, identification
number, and the certification required by section 201.071, subdivision 1. The signature of
an individual on the voter's certificate and the issuance of a ballot to the individual is evidence
of the intent of the individual to vote at that election.

(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.

(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.

(e) The election duties required by this subdivision must be performed by the county
auditor, municipal clerk, or a deputy of the auditor or clerk.

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

Sec. 13.

Minnesota Statutes 2018, section 203B.121, subdivision 2, is amended to read:


Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot board
shall take possession of all return envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each deleted text beginreturndeleted text end new text beginsignature new text endenvelope and
shall mark it accepted or rejected in the manner provided in this subdivision. Election judges
performing the duties in this section must be of different major political parties, unless they
are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10,
subdivision 2
.

(b) The members of the ballot board shall mark the return envelope "Accepted" and
initial or sign the return envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the return envelope are the same as the information
provided on the absentee ballot application;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as a number on the voter's absentee
ballot application or voter record. If the number does not match, the election judges must
compare the signature provided by the applicant to determine whether the ballots were
returned by the same person to whom they were transmitted;

(4) the voter is registered and eligible to vote in the precinct deleted text beginor has included a properly
completed voter registration application in the return envelope
deleted text end;

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

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

The return envelope from accepted ballots must be preserved and returned to the county
auditor.

(c)(1) If a majority of the members of the ballot board examining a return envelope find
that an absentee voter has failed to meet one of the requirements provided in paragraph (b),
they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected,"
list the reason for the rejection on the envelope, and return it to the county auditor. There
is no other reason for rejecting an absentee ballot beyond those permitted by this section.
Failure to place the ballot within the security envelope before placing it in the outer white
envelope is not a reason to reject an absentee ballot.

(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and return envelope in place of the rejected ballot.

(3) If an envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter by
telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.

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

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

(2) the reason for rejection; and

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

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

Sec. 14.

Minnesota Statutes 2018, section 204C.07, subdivision 3a, is amended to read:


Subd. 3a.

Residence requirement.

A challenger must be a resident of this state.
Appointed challengers seeking admission to a polling place to serve in that capacity must
prove their status as a resident of this state by presenting deleted text beginone of the documents listed in
section 201.061, subdivision 3.
deleted text end new text begina driver's license or Minnesota identification card issued
pursuant to section 171.07, any document approved by the secretary of state as proper
identification, or one of the following:
new text end

new text begin (1) 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
new text end

new text begin (2) a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card.
new text end

Challengers need not prove residence in the precinct in which they seek to act as a challenger.

Sec. 15.

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

new text begin Subdivision 1. new text end

new text begin Casting provisional ballots. new text end

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

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

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

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

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

new text begin Subd. 2. new text end

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

new text begin (a) Before the meeting
of the canvassing board, the county auditor or municipal clerk must process each applicant's
registration application on the provisional ballot envelopes as provided by section 201.121,
subdivisions 1 and 2. If the applicant is registered to vote, that voter's provisional ballot
envelope must be accepted. The county auditor or municipal clerk must mark the provisional
ballot envelope "Accepted" and initial or sign the envelope below the word "Accepted." If
the applicant is not registered to vote, the provisional ballot envelope must be rejected. If
a provisional ballot envelope is rejected, the county auditor or municipal clerk must mark
the provisional ballot envelope "Rejected," initial or sign it below the word "Rejected," and
list the reason for rejection on the envelope. The county auditor or municipal clerk must
promptly record in the statewide voter registration system that a voter's provisional ballot
envelope has been accepted or rejected.
new text end

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

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

new text begin Subd. 3. new text end

new text begin Provisional ballots; reconciliation. new text end

new text begin Prior to counting any provisional ballots
in the final vote totals from a precinct, the county auditor or municipal clerk must verify
that the number of signatures appearing on the provisional ballot roster from that precinct
is equal to or greater than the number of provisional ballots submitted by voters in the
precinct on election day. Any discrepancy must be resolved before the provisional ballots
from the precinct may be counted. Excess provisional ballots to be counted must be randomly
withdrawn in the manner required by section 204C.20, subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Counting provisional ballots. new text end

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

Sec. 16.

Minnesota Statutes 2018, section 204C.14, subdivision 1, is amended to read:


Subdivision 1.

Violations; penalty.

new text begin(a) new text endNo individual shall intentionally:

deleted text begin (a)deleted text endnew text begin (1)new text end misrepresent the individual's identity in applying for a ballot, depositing a ballot
in a ballot boxnew text begin, requesting a provisional ballot or requesting that a provisional ballot be
counted,
new text end or attempting to vote by means of a voting machine or electronic voting system;

deleted text begin (b)deleted text endnew text begin (2)new text end vote more than once at the same election;

deleted text begin (c)deleted text endnew text begin (3)new text end put a ballot in a ballot box for any illegal purpose;

deleted text begin (d)deleted text endnew text begin (4)new text end give more than one ballot of the same kind to an election judge to be placed in a
ballot box;

deleted text begin (e)deleted text endnew text begin (5)new text end aid, abet, counsel or procure another to go into any precinct for the purpose of
voting in that precinct, knowing that the other individual is not eligible to vote in that
precinct; or

deleted text begin (f)deleted text endnew text begin (6)new text end aid, abet, counsel or procure another to do any act in violation of this section.

new text begin (b) new text endA violation of this section is a felony.

Sec. 17.

Minnesota Statutes 2018, section 204C.32, is amended to read:


204C.32 CANVASS OF STATE PRIMARIES.

Subdivision 1.

County canvass.

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

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

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

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

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

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

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

Subd. 2.

State canvass.

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

Sec. 18.

Minnesota Statutes 2018, section 204C.33, subdivision 1, is amended to read:


Subdivision 1.

County canvass.

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

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

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

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

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

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

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

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

Sec. 19.

Minnesota Statutes 2018, section 204C.37, is amended to read:


204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.

A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
subdivision 1
, shall be certified under the official seal of the county auditor. The copy shall
be enclosed in an envelope addressed to the secretary of state, with the county auditor's
name and official address and the words "Election Returns" endorsed on the envelope. The
copy of the canvassing board report must be sent by express mail or delivered to the secretary
of state. If the copy is not received by the secretary of state within deleted text begintendeleted text endnew text begin .......new text end days following
deleted text begin the applicable electiondeleted text endnew text begin a primary election, or within ....... days following a general electionnew text end,
the secretary of state shall immediately notify the county auditor, who shall deliver another
copy to the secretary of state by special messenger.

Sec. 20.

Minnesota Statutes 2018, section 205.065, subdivision 5, is amended to read:


Subd. 5.

Results.

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

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

Sec. 21.

Minnesota Statutes 2018, section 205.185, subdivision 3, is amended to read:


Subd. 3.

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

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

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

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

Sec. 22.

Minnesota Statutes 2018, section 205A.03, subdivision 4, is amended to read:


Subd. 4.

Results.

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

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

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

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

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

Sec. 23.

Minnesota Statutes 2018, section 205A.10, subdivision 3, is amended to read:


Subd. 3.

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

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

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

Sec. 24. new text beginTRANSFERS AND APPROPRIATIONS; SECRETARY OF STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Help America Vote Act. new text end

new text begin (a) $7,389,506 in fiscal year 2020 is appropriated
from the Help America Vote Act account established in Minnesota Statutes, section 5.30,
to the secretary of state for the purposes of improving the administration and security of
elections as authorized by federal law.
new text end

new text begin (b) $1,477,901 in fiscal year 2020 is transferred from the general fund to the Help
America Vote Act account under Minnesota Statutes, section 5.30. The amount transferred
under this paragraph is credited to the state match requirement of the Consolidated
Appropriations Act, 2020, Public Law 116-93, and is appropriated to the secretary of state
for the purposes of improving the administration and security of elections as authorized by
federal law.
new text end

new text begin (c) Any amount earned in interest on the amounts appropriated under paragraphs (a) and
(b) is appropriated from the Help America Vote Act account to the secretary of state for
purposes of improving the administration and security of elections as authorized by federal
law.
new text end

new text begin (d) The appropriations in this subdivision are onetime and available until December 20,
2024.
new text end

new text begin Subd. 2. new text end

new text begin Provisional ballots. new text end

new text begin $4,000,000 in fiscal year 2020 is appropriated from the
general fund to the secretary of state for the implementation and administration of the
provisional balloting requirements of this act and for grants to local governments to offset
the costs of complying with this act. This is a onetime appropriation and is available until
June 30, 2021.
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. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 135A.17, subdivision 2; 201.061, subdivision 7; and
201.121, subdivision 3,
new text end new text begin are repealed.
new text end

Sec. 26. new text beginEFFECTIVE DATE.
new text end

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

APPENDIX

Repealed Minnesota Statutes: 20-6891

135A.17 PROVISIONS TO FACILITATE VOTING.

Subd. 2.

Residential housing list.

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

201.061 REGISTRATION ON OR BEFORE ELECTION DAY.

Subd. 7.

Record of attempted registrations.

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

201.121 ENTRY OF NAMES; MAILED NOTICE.

Subd. 3.

Postelection sampling.

(a) Within ten days after an election, the county auditor shall send the notice required by subdivision 2 to a random sampling of the individuals registered on election day. The random sampling shall be determined in accordance with the rules of the secretary of state. As soon as practicable after the election, the county auditor shall mail the notice required by subdivision 2 to all other individuals registered on election day. If a notice is returned as not deliverable, the county auditor shall attempt to determine the reason for the return. A county auditor who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately notify the county attorney of all of the relevant information. The county auditor must notify the secretary of state of the following information by each precinct:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that the county auditor was able to determine the reason for the return along with the reason for each return; and

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.

(b) By March 1 of every odd-numbered year, the secretary of state shall report to the chair and ranking minority members of the legislative committees with jurisdiction over elections the following information by each precinct and each county:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that a county auditor was able to determine the reason for the return along with the reason for each return; and

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.