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HF 1601

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:26pm

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

Bill Text Versions

Introduction Posted on 02/25/2021

Current Version - as introduced

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A bill for an act
relating to elections; modifying provisions related to electronic voting systems;
permitting alternative printed ballot styles; amending Minnesota Statutes 2020,
sections 204B.35, by adding a subdivision; 204C.24, subdivision 1; 206.80; 206.86,
by adding a subdivision.


Section 1.

Minnesota Statutes 2020, section 204B.35, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Electronic voting systems. new text end

new text begin Notwithstanding sections 204B.35 to 204B.44 and
chapter 204D, a jurisdiction may employ an electronic voting system provided by section
206.80, paragraph (b), clause (3), displaying the required ballot information on an electronic
device in a format that substantially meets the requirements of law.
new text end

Sec. 2.

Minnesota Statutes 2020, 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;

new text begin (4) the number of voted ballots indicating only a voter's choices as provided by section
206.80, paragraph (b), clause (3);
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end 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;

deleted text begin (5)deleted text endnew text begin (6)new text end the number of voters registering on election day in that precinct; and

deleted text begin (6)deleted text endnew text begin (7)new text end 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.

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

Sec. 3.

Minnesota Statutes 2020, section 206.80, is amended to read:


(a) An electronic voting system may not be employed unless it:

(1) permits every voter to vote in secret;

(2) permits every voter to vote for all candidates and questions for whom or upon which
the voter is legally entitled to vote;

(3) provides for write-in voting when authorized;

(4) automatically rejects, except as provided in section 206.84 with respect to write-in
votes, all votes for an office or question when the number of votes cast on it exceeds the
number which the voter is entitled to cast;

(5) permits a voter at a primary election to select secretly the party for which the voter
wishes to vote;

(6) automatically rejects all votes cast in a primary election by a voter when the voter
votes for candidates of more than one party; and

(7) provides every voter an opportunity to verify votes recorded on the permanent paper
ballot, either visually or using assistive voting technology, and to change votes or correct
any error before the voter's ballot is cast and counted, produces an individual, discrete,
permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record
available for use in any recount.

(b) An electronic voting system purchased on or after June 4, 2005, may not be employed
unless it:

(1) accepts and tabulates, in the polling place or at a counting center, a marked optical
scan ballot; deleted text beginor
deleted text end

(2) creates a marked optical scan ballot that can be tabulated in the polling place or at a
counting center by automatic tabulating equipment certified for use in this statedeleted text begin.deleted text endnew text begin;or
new text end

new text begin (3) creates a marked paper ballot indicating, at a minimum, the date of the election, the
name of the precinct, an electronically readable precinct identifier or ballot style indicator,
and the voter's votes for each office or question, generated from the voter's use of a touch
screen or other electronic device on which a complete ballot meeting the information
requirements of any applicable law was displayed electronically.
new text end

new text begin (c) Jurisdictions using multiple ballot formats must not record the ballot format of the
electronic voting system used by a particular voter.
new text end

Sec. 4.

Minnesota Statutes 2020, section 206.86, is amended by adding a subdivision to

new text begin Subd. 5a. new text end

new text begin Ballots in precincts with multiple styles of voting system. new text end

new text begin (a) This subdivision
applies only to precincts using a ballot format as provided by section 206.80, paragraph (b),
clause (3), that was used by ten or fewer voters.
new text end

new text begin (b) In the event the results of a precinct are subject to a recount under section 204C.35
or 204C.36, or are subject to postelection review under section 206.89, the election judges
from that precinct are not eligible to participate in conducting a recount or postelection
review in that precinct.
new text end