1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/11/2023 12:10pm
Engrossments | ||
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Introduction | Posted on 02/13/2023 | |
1st Engrossment | Posted on 04/11/2023 |
A bill for an act
relating to elections; modifying election administration provisions relating to voter
registration, absentee voting, and election day voting; establishing early voting;
adopting the national popular vote compact; allowing access for census workers;
regulating intimidation, deceptive practices, and interference with voter registration
and voting; amending requirements related to soliciting near the polling place;
modifying campaign finance provisions; modifying campaign finance reporting
requirements; expanding the definition of express advocacy; requiring disclosure
of electioneering communications; prohibiting certain contributions during the
legislative session; modifying provisions related to lobbying; establishing the
voting operations, technology, and election resources account; providing penalties;
making technical and clarifying changes; requiring reports; appropriating money;
amending Minnesota Statutes 2022, sections 5.30, subdivision 2; 5B.06; 10A.01,
subdivisions 5, 16a, 21, 26, 30, by adding subdivisions; 10A.022, subdivision 3;
10A.025, subdivision 4; 10A.03, subdivision 2, by adding a subdivision; 10A.04,
subdivisions 3, 4, 6, 9; 10A.05; 10A.06; 10A.071, subdivision 1; 10A.09,
subdivision 5, by adding a subdivision; 10A.121, subdivisions 1, 2; 10A.15,
subdivision 5, by adding a subdivision; 10A.20, subdivisions 2a, 5, 12; 10A.244;
10A.25, subdivision 3a; 10A.27, subdivision 11; 10A.271, subdivision 1; 10A.273,
subdivision 1; 10A.275, subdivision 1; 10A.31, subdivision 4; 10A.38; 13.607,
by adding a subdivision; 135A.17, subdivision 2; 171.06, subdivision 3, as
amended; 200.02, subdivision 7; 201.022, subdivision 1; 201.054, subdivisions 1,
2; 201.061, subdivisions 1, 3, by adding subdivisions; 201.071, subdivisions 1, as
amended, 8; 201.091, subdivisions 4, 4a; 201.12, subdivision 2; 201.121,
subdivision 1; 201.13, subdivision 3; 201.161; 201.1611, subdivision 1, by adding
a subdivision; 201.162; 201.195; 201.225, subdivision 2; 202A.18, subdivision
2a; 203B.001; 203B.01, by adding subdivisions; 203B.03, subdivision 1; 203B.04,
subdivisions 1, 5; 203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.08,
subdivisions 1, 3; 203B.081, subdivisions 1, 3, by adding subdivisions; 203B.085;
203B.11, subdivisions 2, 4; 203B.12, subdivision 7, by adding subdivisions;
203B.121, subdivisions 1, 2, 3, 4; 203B.16, subdivision 2; 204B.06, subdivisions
1, 1b, 4a, by adding a subdivision; 204B.09, subdivisions 1, 3; 204B.13, by adding
a subdivision; 204B.14, subdivision 2; 204B.16, subdivision 1; 204B.19,
subdivision 6; 204B.21, subdivision 2; 204B.26; 204B.28, subdivision 2; 204B.32,
subdivision 2; 204B.35, by adding a subdivision; 204B.45, subdivisions 1, 2, by
adding a subdivision; 204B.46; 204B.49; 204C.04, subdivision 1; 204C.07,
subdivision 4; 204C.15, subdivision 1; 204C.19, subdivision 3; 204C.24,
subdivision 1; 204C.28, subdivision 1; 204C.33, subdivision 3; 204C.35, by adding
a subdivision; 204C.39, subdivision 1; 204D.08, subdivisions 5, 6; 204D.09,
subdivision 2; 204D.14, subdivision 1; 204D.16; 204D.19, subdivision 2; 204D.22,
subdivision 3; 204D.23, subdivision 2; 204D.25, subdivision 1; 205.13, subdivision
5; 205.16, subdivision 2; 205.175, subdivision 3; 205A.09, subdivision 2; 205A.10,
subdivision 5; 205A.12, subdivision 5; 206.58, subdivisions 1, 3; 206.61,
subdivision 1; 206.80; 206.83; 206.845, subdivision 1, by adding a subdivision;
206.86, by adding a subdivision; 206.90, subdivision 10; 207A.12; 207A.15,
subdivision 2; 208.05; 209.021, subdivision 2; 211B.11, subdivision 1; 211B.15,
subdivisions 1, 7b, 8, by adding subdivisions; 211B.20, subdivision 1; 211B.32,
subdivision 1; 367.03, subdivision 6; 447.32, subdivision 4; Laws 2023, chapter
12, section 9; proposing coding for new law in Minnesota Statutes, chapters 2; 5;
10A; 203B; 204B; 208; 211B; repealing Minnesota Statutes 2022, sections 202A.16;
203B.081, subdivision 2; 204D.04, subdivision 1; 204D.13, subdivisions 2, 3;
Minnesota Rules, part 4511.0600, subpart 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.
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new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2024 new text end |
new text begin
2025 new text end |
Sec. 2. new text begin SECRETARY OF STATE
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new text begin
$ new text end |
new text begin
1,866,000 new text end |
new text begin
$ new text end |
new text begin
738,000 new text end |
new text begin
The base for this appropriation is $1,056,000
in fiscal year 2026 and $738,000 in fiscal year
2027.
new text end
new text begin
Of the amount in fiscal year 2024, $461,000
is transferred from the general fund to the Help
America Vote Act (HAVA) account
established in Minnesota Statutes, section
5.30, and is credited to the state match
requirement of the Consolidated
Appropriations Act of 2022, Public Law
117-103, and the Consolidated Appropriations
Act of 2023, Public Law 117-328.
new text end
Sec. 3. new text begin CAMPAIGN FINANCE AND PUBLIC
|
new text begin
$ new text end |
new text begin
1,743,000 new text end |
new text begin
$ new text end |
new text begin
1,731,000 new text end |
Sec. 4. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
$495,000 in fiscal year 2023 is appropriated from the general fund to the secretary of
state for the payment of attorney fees and costs awarded by court order in the legislative
and congressional redistricting cases Peter Wattson, et al.; Paul Anderson, et al.; and Frank
Sachs, et al. v. Steve Simon, Secretary of State of Minnesota, Nos. A21-0243 and A21-0546,
and interest thereon. This is a onetime appropriation.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$1,292,000 in fiscal year 2024 and $1,291,000 in fiscal year 2025 are transferred from
the general fund to the voting operations, technology, and election resources account in the
special revenue fund. The base for this transfer in fiscal year 2026 and each fiscal year
thereafter is $1,353,000.
new text end
Minnesota Statutes 2022, section 5.30, subdivision 2, is amended to read:
deleted text begin Notwithstanding section 4.07,deleted text end Money in the Help America
Vote Act account deleted text begin may be spent only pursuant to direct appropriations enacted from time to
time by law. Money in the account must be spentdeleted text end new text begin is appropriated to the secretary of statenew text end
to improve new text begin the new text end administration of elections in accordance with the Help America Vote Act,
the state plan certified by the governor under the act, and for reporting and administrative
requirements under the act and plan. new text begin To the extent required by federal law, new text end money in the
account must be used in a manner that is consistent with the maintenance of effort
requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252,
based on the level of state expenditures for the fiscal year ending June 30, 2000.
new text begin
This section is effective the day following final enactment and
applies to any balances in the Help America Vote Act account existing on or after that date.
new text end
Minnesota Statutes 2022, section 10A.31, subdivision 4, is amended to read:
(a) The amounts designated by individuals for the state elections
campaign account, less three percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state elections campaign account,
and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
The remaining three percent must be kept in the general fund for administrative costs.
(b) In addition to the amounts in paragraph (a), deleted text begin $1,020,000 for each general election isdeleted text end new text begin
$4,002,000 for the biennium ending June 30, 2025, and $2,196,000 for the biennium ending
June 30, 2027, and each biennium thereafter arenew text end appropriated from the general fund for
transfer to the general account of the state elections campaign account.
new text begin
It is unlawful for a person, either directly or indirectly,
to deny access to an apartment house, dormitory, nursing home, manufactured home park,
other multiple unit facility used as a residence, or area in which two or more single-family
dwellings are located on private roadways, to an employee of the United States Census
Bureau who displays a current, valid census credential and who is engaged in official census
business. An employee granted access under this section must be permitted to knock on the
doors of individual units to speak with residents and to leave census materials for residents
at their doors, except that the manager of a nursing home may direct that the materials be
left at a central location within the facility. The materials must be left in an orderly manner.
new text end
new text begin
This section does not prohibit:
new text end
new text begin
(1) denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;
new text end
new text begin
(2) in the case of a nursing home or an assisted living facility licensed under chapter
144G, denial of permission to visit certain persons for valid health reasons;
new text end
new text begin
(3) limiting visits to a reasonable number of census employees or reasonable hours;
new text end
new text begin
(4) requiring a prior appointment to gain access to the facility; or
new text end
new text begin
(5) denial of admittance to or expulsion of an individual employee from a multiple unit
dwelling for good cause.
new text end
new text begin
A person in compliance with United States
Code, title 13, section 223, and any guidance or rules adopted by the United States
Department of Commerce, Bureau of the Census, governing access to a facility described
in subdivision 1 is considered to be in compliance with the requirements of this section.
new text end
new text begin
This section applies from January 1 to July 1 in any year during
which a decennial census is conducted under the authority of the United States Constitution,
article 1, section 2.
new text end
new text begin
For purposes of this section, the following terms have the
meanings given:
new text end
new text begin
(1) "account" means the voting operations, technology, and election resources account;
new text end
new text begin
(2) "city" means a statutory or home rule charter city; and
new text end
new text begin
(3) "local unit of government" means a county, city, or town.
new text end
new text begin
The voting operations, technology, and
election resources account is established in the special revenue fund. Money in the account
is appropriated annually to the secretary of state for distribution as provided in this section.
new text end
new text begin
(a) The secretary of state must distribute the
balance in the account annually as follows:
new text end
new text begin
(1) 20 percent of the total balance is for allocation to each county in equal amounts; and
new text end
new text begin
(2) 80 percent of the total balance is for allocation to each county in proportion to its
share of registered voters on May 1 for the most recent statewide general election, as
determined by the secretary of state.
new text end
new text begin
(b) The secretary of state must distribute funds under this section no later than July 20
of each year.
new text end
new text begin
(a) Upon receipt of
funds, each county must segregate the funds in a county election funding account. The
money in the account remains in the account until spent for any of the authorized purposes
set forth in this section. The county and the local units of government located within the
county must agree on a distribution plan for allocating funds from the account. If the county
and a local unit of government do not agree on a distribution plan, the county must allocate
the funds to that unit of local government as follows:
new text end
new text begin
(1) 50 percent is retained by the county;
new text end
new text begin
(2) 25 percent is allocated to each local unit of government responsible for administering
absentee voting or mail voting in proportion to that unit of government's share of the county's
registered voters on May 1 for the most recent statewide general election; and
new text end
new text begin
(3) 25 percent is allocated to cities and townships in proportion to each city and township's
share of registered voters in the county on May 1 for the most recent statewide general
election.
new text end
new text begin
The county must make distributions to cities and towns by December 31 each year.
new text end
new text begin
(b) A city or township that is allocated funds under this subdivision must segregate the
funds in an election funding account. The money in the account remains in the account until
spent for any of the authorized purposes set forth in this section.
new text end
new text begin
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:
new text end
new text begin
(1) equipment;
new text end
new text begin
(2) hardware or software;
new text end
new text begin
(3) cybersecurity;
new text end
new text begin
(4) security-related infrastructure;
new text end
new text begin
(5) capital improvements to improve access to polling places for individuals with
disabilities;
new text end
new text begin
(6) staff costs for election administrators, election judges, and other election officials;
new text end
new text begin
(7) printing and publication;
new text end
new text begin
(8) postage;
new text end
new text begin
(9) programming;
new text end
new text begin
(10) local match for state or federal funds; and
new text end
new text begin
(11) any other purpose directly related to election administration.
new text end
new text begin
(a) Annually by December 31, each county auditor must report to the
secretary of state with an explanation of how the funds received pursuant to this section
during the previous fiscal year were spent and a certification that they were spent in
accordance with subdivisions 4 and 5. The county auditor's report must include the following:
an itemized description of each actual expenditure listed by the general categories of
expenditures identified in subdivision 5, the local unit of government making the expenditure,
the balance in the county's election funding account, and the balance of any city's or town's
election funding account. The county auditor's report must also include any other information
required by the secretary of state.
new text end
new text begin
(b) Each city and town receiving an allocation of funds under this section must provide
the county auditor with the data necessary to submit this report no later than December 15
of each year.
new text end
new text begin
(c) No later than January 31 of each year, the secretary of state must compile the reports
received from each county auditor and submit a summary report on the expenditure of funds
to the chairs and ranking minority members of the legislative committees with jurisdiction
over elections policy and finance. At a minimum, the summary report must identify
expenditures by county, city, and town and the purposes of each expenditure.
new text end
Minnesota Statutes 2022, section 5B.06, is amended to read:
A program participant who is otherwise eligible to vote may register with the secretary
of state as a permanent absentee voter. Notwithstanding section 203B.04, subdivision 5,
the secretary of state is not required to send an absentee ballot application prior to each
election to a program participant registered as a permanent absentee voter under this section.
As soon as practicable before each election, the secretary of state shall determine the precinct
in which the residential address of deleted text begin thedeleted text end new text begin anew text end program participant is located deleted text begin anddeleted text end new text begin . Upon making
a precinct determination, the secretary of statenew text end shallnew text begin either (1)new text end request from and receive from
the county auditor or other election official the ballot for that precinct and deleted text begin shall forwarddeleted text end new text begin
mailnew text end the absentee ballot to the program participant deleted text begin with the otherdeleted text end new text begin , or (2) using the Minnesota
statewide voter registration system, prepare the program participant's ballot for that precinct
and mail the absentee ballot to the program participant. The secretary of state shall include
with each mailed absentee ballot all correspondingnew text end materials for absentee balloting as
required by Minnesota law. The program participant shall complete the ballot and return it
to the secretary of state, who shall review the ballot in the manner provided by section
203B.121, subdivision 2. If the ballot and ballot materials comply with the requirements of
that section, the ballot must be certified by the secretary of state as the ballot of a program
participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation
along with all other ballots. The name and address of a program participant must not be
listed in the statewide voter registration system.
Minnesota Statutes 2022, section 135A.17, subdivision 2, is amended to read:
All postsecondary institutions that enroll students
accepting deleted text begin state ordeleted text end 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. new text begin All postsecondary institutions that enroll students accepting state financial aid
must, to the extent the information may be disclosed pursuant to Code of Federal Regulations,
title 34, part 99, prepare a current list of students enrolled in the institution and residing in
the institution's housing or in the city or cities in which the campus is situated, if available.
new text end The list shall include each student's current addressnew text begin , unless the student is enrolled in the
Safe at Home address confidentiality program as provided in chapter 5Bnew text end . 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.
Minnesota Statutes 2022, section 200.02, subdivision 7, is amended to read:
(a) "Major political party" means a political party that
maintains a party organization in the state, political division or precinct in question and that
has presented at least one candidate for election to the office of:
(1) governor and lieutenant governor, secretary of state, state auditor, or attorney general
at the last preceding state general election for those offices; or
(2) 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 not
less than deleted text begin fivedeleted text end new text begin tennew text end percent of the total number of individuals who voted in that election.
(b) "Major political party" also means a political party that maintains a party organization
in the state, political subdivision, or precinct in question and that has presented 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.
(c) "Major political party" also means a political party that maintains a party organization
in the state, political subdivision, or precinct in question and whose members present 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.
(d) A political party whose candidate receives a sufficient number of votes at a state
general election described in paragraph (a) or a political party that presents candidates at
an election as required by paragraph (b) becomes a major political party as of January 1
following that election and 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 (a) or fails to present candidates as required by paragraph
(b) at subsequent state general elections.
(e) A major political party whose candidates fail to receive the number and percentage
of votes required under paragraph (a) and that fails to present candidates as required by
paragraph (b) at each of two consecutive state general elections described by paragraph (a)
or (b), respectively, loses major party status as of December 31 following the later of the
two consecutive state general elections.
new text begin
This section is effective the day following final enactment and
applies to a party's status at the state primary and general election held in 2024 and thereafter.
Notwithstanding any law to the contrary, beginning on the effective date of this section, the
secretary of state, the Campaign Finance and Public Disclosure Board, and any other office
of the state or of a local unit of government with duties related to the administration or
financing of elections may only recognize a political party as a major political party for
purposes of those elections if the party has met the qualifying thresholds as amended by
this section.
new text end
Minnesota Statutes 2022, section 201.022, subdivision 1, is amended to read:
The secretary of state shall maintain a statewide voter
registration system to facilitate voter registration and to provide a central database containing
voter registration information from around the state. The system must be accessible to the
county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration applications to any county auditor,
the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database for
all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from the
Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state
identification number, and last four digits of the Social Security number for each voter
record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in the
system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary of state
to have electronic access to the statewide registration system for review and search
capabilities;
(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter should
be assigned for voting purposes;
(13) provide daily reports accessible by county auditors on the driver's license numbers,
state identification numbers, or last four digits of the Social Security numbers submitted on
voter registration applications that have been verified as accurate by the secretary of state;
deleted text begin and
deleted text end
(14) provide reports on the number of absentee ballots transmitted to and returned and
cast by voters under section 203B.16new text begin ; and
new text end
new text begin (15) provide reports necessary for early votingnew text end .
The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 201.061, subdivision 1, is amended to read:
(a) At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any individual
who will be an eligible voter at the time of the next election may register to vote in the
precinct in which the voter maintains residence by completing a voter registration application
as described in section 201.071, subdivision 1. A completed application may be submitted:
(1) in person or by mail to the county auditor of that county or to the Secretary of State's
Office; or
(2) electronically through a secure website that shall be maintained by the secretary of
state for this purpose, if the applicant has an email address and provides the applicant's
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 (b) new text end A registration that is received in person or by mail no later than 5:00 p.m. on the
21st day preceding any election, or a registration received electronically through the secretary
of state's secure website no later than 11:59 p.m. on the 21st day preceding any election,
shall be accepted. An improperly addressed or delivered registration application shall be
forwarded within two working days after receipt to the county auditor of the county where
the voter maintains residence. A state or local agency or an individual that accepts completed
voter registration applications from a voter must submit the completed applications to the
secretary of state or the appropriate county auditor within ten calendar days after the
applications are dated by the voter.
deleted text begin (b)deleted text end new text begin (c)new text end An application submitted electronically under paragraph (a), clause (2), 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 voter registration applications
submitted electronically for evidence of suspicious activity and must forward any such
application to an appropriate law enforcement agency for investigation.
new text begin (d) new text end An individual may not electronically submit a voter registration application on behalf
of any other individualnew text begin , except that the secretary of state may provide features on the secure
website established under paragraph (a), clause (2), that allow third parties to connect
application programming interfaces that facilitate an individual's submission of voter
registration information while interacting with the third partynew text end .
deleted text begin (c)deleted text end new text begin (e)new text end For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.
Minnesota Statutes 2022, section 201.061, subdivision 3, is amended to read:
(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 one of the following:
(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
(ii) 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; deleted text begin a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4deleted text end new text begin an assisted living facility licensed
by the commissioner of health under chapter 144Gnew text end ; 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; deleted text begin ordeleted text end a supervised publicly or privately
operated shelter or dwelling designed to provide temporary living accommodations for the
homelessnew text begin ; 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 6cnew text end .
(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.
Minnesota Statutes 2022, section 201.061, is amended by adding a subdivision to
read:
new text begin
(a) An eligible voter
may prove residence by presenting a current valid photo identification issued by a
postsecondary educational institution in Minnesota if the voter's name; student identification
number, if available; and address within the precinct appear on a current residential housing
list under section 135A.17, certified to the county auditor by the postsecondary educational
institution.
new text end
new text begin
(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.
new text end
new text begin
(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.
new text end
new text begin
(d) An updated residential housing list must be certified to the county auditor no earlier
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 as of the date of the
certification.
new text end
new text begin
(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.
new text end
new text begin
(f) The county auditor shall notify all postsecondary educational institutions in the county
of the provisions of this subdivision.
new text end
Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, is amended to read:
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; and voter's signature. 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) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have deleted text begin resideddeleted text end new text begin maintained residencenew text end in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address 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) Will you be 18 years old on or before election day?"
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
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.071, subdivision 8, is amended to read:
School districts shall assist county auditors in
determining the school district in which a voter deleted text begin residesdeleted text end new text begin maintains residencenew text end .
Minnesota Statutes 2022, section 201.091, subdivision 4a, is amended to read:
The secretary of state must maintain
a list of the voters who voted in a presidential nomination primary and the political party
each voter selected. Information maintained on the list is private data on individuals as
defined under section 13.02, subdivision 12, except that the secretary of state must provide
deleted text begin the listdeleted text end to the chair of each major political partynew text begin the list of voters who selected that partynew text end .
Minnesota Statutes 2022, section 201.12, subdivision 2, is amended to read:
If any nonforwardable mailing from an election official
is returned as undeliverable but with a permanent forwarding address in this state, the county
auditor may change the voter's status to "inactive" in the statewide registration system and
shall transmit a copy of the mailing to the auditor of the county in which the new address
is located. If an election is scheduled to occur in the precinct in which the voter deleted text begin residesdeleted text end new text begin
maintains residencenew text end in the next 47 days, the county auditor shall promptly update the voter's
address in the statewide voter registration system. If there is not an election scheduled, the
auditor may wait to update the voter's address until after the next list of address changes is
received from the secretary of state. Once updated, the county auditor shall mail to the voter
a notice stating the voter's name, address, precinct, and polling place, except that if the
voter's record is challenged due to a felony conviction, noncitizenship, name change,
incompetence, or a court's revocation of voting rights of individuals under guardianship,
the auditor must not mail the notice. The notice must advise the voter that the voter's voting
address has been changed and that the voter must notify the county auditor within 21 days
if the new address is not the voter's address of residence. The notice must state that it must
be returned if it is not deliverable to the voter at the named address.
Minnesota Statutes 2022, section 201.121, subdivision 1, is amended to read:
(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 42 days after the election,
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.
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.
(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 deleted text begin "incomplete."deleted text end new text begin "challenged."new text end A voter
who receives a notice of incomplete registration from the county auditor may either provide
the information required to deleted text begin complete the registrationdeleted text end new text begin clear the challengenew text end at least 21 days
before the next election or at the polling place on election day.
Minnesota Statutes 2022, section 201.13, subdivision 3, is amended to read:
(a) At least once each month the secretary
of state shall obtain a list of individuals registered to vote in this state who have filed with
the United States Postal Service a change of their permanent address. The secretary of state
may also periodically obtain a list of individuals with driver's licenses or state identification
cards to identify those who are registered to vote who have applied to the Department of
Public Safety for a replacement driver's license or state identification card with a different
address, and a list of individuals for whom the Department of Public Safety received
notification of a driver's license or state identification card cancellation due to a change of
residency out of state. However, the secretary of state shall not load data derived from these
lists into the statewide voter registration system within the 47 days before the state primary
or 47 days before a November general election.
(b) If the address is changed to another address in this state, the secretary of state shall
locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , if possible. If the secretary
of state is able to locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , the
secretary must transmit the information about the changed address by electronic means to
the county auditor of the county in which the new address is located. For addresses for
which the secretary of state is unable to determine the precinct, the secretary may forward
information to the appropriate county auditors for individual review. If the voter has not
voted or submitted a voter registration application since the address change, upon receipt
of the information, the county auditor shall update the voter's address in the statewide voter
registration system. The county auditor shall mail to the voter a notice stating the voter's
name, address, precinct, and polling place, unless the voter's record is challenged due to a
felony conviction, noncitizenship, name change, incompetence, or a court's revocation of
voting rights of individuals under guardianship, in which case the auditor must not mail the
notice. The notice must advise the voter that the voter's voting address has been changed
and that the voter must notify the county auditor within 21 days if the new address is not
the voter's address of residence. The notice must state that it must be returned if it is not
deliverable to the voter at the named address.
(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
deleted text begin resideddeleted text end new text begin maintained residencenew text end that the voter has moved to another state. If the voter has not
voted or submitted a voter registration application since the address change, the county
auditor shall promptly mail to the voter at the voter's new address a notice advising the voter
that the voter's status in the statewide voter registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residence, except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or a
court's revocation of voting rights of individuals under guardianship, the auditor must not
mail the notice. If the notice is not received by the deadline, the county auditor shall change
the voter's status to "inactive" in the statewide voter registration system.
(d) If, in order to maintain voter registration records, the secretary of state enters an
agreement to share information or data with an organization governed exclusively by a
group of states, the secretary must first determine that the data security protocols are sufficient
to safeguard the information or data shared. If required by such an agreement, the secretary
of state may share the following data from the statewide voter registration system and data
released to the secretary of state under section 171.12, subdivision 7a:
(1) name;
(2) date of birth;
(3) address;
(4) driver's license or state identification card number;
(5) the last four digits of an individual's Social Security number; and
(6) the date that an individual's record was last updated.
If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.
Minnesota Statutes 2022, section 201.1611, subdivision 1, is amended to read:
new text begin (a) new text end All postsecondary institutions that enroll students accepting
state or federal financial aid deleted text begin shalldeleted text end new text begin mustnew text end provide voter registration forms to each student deleted text begin as
early as possible in the fall quarterdeleted text end new text begin 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 electionnew text end . new text begin If the voter registration forms are provided electronically, the electronic
message must be devoted exclusively to voter registration.
new text end
new text begin (b) new text end All school districts deleted text begin shalldeleted text end new text begin mustnew text end make available voter registration applications each
May and September to all students registered as students of the school district who will be
eligible to vote at the next election after those months. A school district has no obligation
to provide voter registration applications to students who participate in a postsecondary
education option program or who otherwise deleted text begin residedeleted text end new text begin maintain residencenew text end 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.
new text begin (c)new text end The new text begin voter registration new text end 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 deleted text begin shalldeleted text end new text begin
mustnew text end 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.
new text begin
(d) The institutions and school districts 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 and school districts may include
information about methods that were effective in increasing student registrations.
new text end
new text begin
(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 received from institutions and school districts. The secretary must highlight
best practices and innovative methods that were most effective in registering students to
vote.
new text end
Minnesota Statutes 2022, section 201.1611, is amended by adding a subdivision
to read:
new text begin
(a) All postsecondary institutions that enroll students
accepting state or federal financial aid must maintain a webpage to share resources to help
students determine where and how they are eligible to vote. The webpage must include the
following:
new text end
new text begin
(1) resources from state and local election officials on voter registration and voting
requirements including voter registration deadlines; residency requirements; acceptable
methods of proving residency for same day registration, as applicable; and absentee voting
options;
new text end
new text begin
(2) applicable deadlines for requesting and submitting an absentee ballot, as well as
additional options for early and in-person voting, and voting on election day;
new text end
new text begin
(3) resources to help students who are registered in another state to apply for absentee
ballots in that state, and may include resources from state and local election officials from
that state;
new text end
new text begin
(4) the campus vote coordinator's name and contact information; and
new text end
new text begin
(5) the voter engagement plan required by paragraph (b), clause (3).
new text end
new text begin
(b) All postsecondary institutions that enroll students accepting state or federal financial
aid must designate a staff person as the campus vote coordinator. The campus vote
coordinator must:
new text end
new text begin
(1) ensure the institution complies with this section;
new text end
new text begin
(2) report the number of physical and electronic voter registrations collected on an annual
basis on the institution's voting website; and
new text end
new text begin
(3) consult with the campus student association to develop a voter engagement plan that
identifies goals and activities, resources to accomplish the identified goals and activities,
and individual or key departments responsible for executing the identified goals and activities.
new text end
Minnesota Statutes 2022, section 201.195, is amended to read:
new text begin (a) new text end Upon petition filed with the county auditor,
any voter registered within a county may challenge the eligibility or residence of any other
voter registered within that county. new text begin A petition filed pursuant to this section must not include
the name of more than one person whose right to vote is challenged. The county auditor
must not accept a filing which challenges the eligibility of more than one voter. Petitions
must be filed at least 45 days before the election, unless the voter registered or updated the
voter's registration within 60 days before the election, in which case the petition must be
filed at least ten days before the election, or within ten days after the voter's new or updated
registration appeared on the public information list, whichever is later.
new text end
new text begin (b) new text end The petition deleted text begin shalldeleted text end new text begin mustnew text end state the grounds for challenge deleted text begin anddeleted text end new text begin , provide facts and
circumstances supporting the challenge, and may include supporting documents, affidavits,
or other evidence. The petition mustnew text end be accompanied by an affidavit stating that the challenge
is based on the challenger's personal knowledgenew text begin , and that the filer exercised due diligence
to personally verify the facts and circumstances establishing the basis for the challengenew text end .
new text begin The filer has the burden to prove, by clear and convincing evidence, that the basis for
challenging the individual's eligibility to vote is valid.
new text end
new text begin
(c) The following reasons, standing alone, do not constitute adequate grounds for a
challenge:
new text end
new text begin
(1) a piece of mail sent to the voter by someone other than the county auditor that was
returned as undeliverable;
new text end
new text begin
(2) enrollment in an educational institution; or
new text end
new text begin
(3) registration to vote at an address that is housing provided for students by an
educational institution.
new text end
new text begin
If the petition is incomplete, or if the basis for the
challenge does not meet the requirements of this section, the county auditor must dismiss
the petition and notify the filer in writing of the reasons for the dismissal.
new text end
Within five days after receipt of deleted text begin thedeleted text end new text begin anew text end petitionnew text begin that meets the
requirements of this sectionnew text end , the county auditor deleted text begin shalldeleted text end new text begin mustnew text end set a date for a hearing on the
challenge and notify the challenger by mail. A copy of the petition and notice of the hearing
deleted text begin shalldeleted text end new text begin mustnew text end be served on the challenged voter by the county auditor in the same manner as
in a civil action. new text begin The county auditor must inform the challenged individual that:
new text end
new text begin
(1) a petition has been filed as to whether the individual is eligible to vote as well as the
basis of the challenge;
new text end
new text begin
(2) if the individual votes by mail, the individual's ballot will not be counted unless the
challenge is resolved; and
new text end
new text begin
(3) the individual may submit information prior to the hearing or present information at
the hearing. This information may include a sworn statement, supporting documents,
affidavits, witnesses, or other evidence supporting the challenged individual's eligibility to
vote in the election.
new text end
The hearing deleted text begin shalldeleted text end new text begin mustnew text end be held before the county auditor or the
auditor's designee who deleted text begin shalldeleted text end new text begin mustnew text end then make findings and affirm or dismiss the challenge.new text begin
The hearing must be recorded by either video or audio recording. The recording must be
retained for 22 months.
new text end
If a challenge is affirmed, the voter whose registration has been
challenged may appeal the ruling to the secretary of state. new text begin The voter must immediately
notify the county auditor of the appeal, and upon receipt of this notice, the county auditor
must submit the entire record of the hearing, including all documents and a recording of
the hearing, to the secretary of state. new text end The appeal deleted text begin shalldeleted text end new text begin mustnew text end be heard within five days but in
any case before election day. Upon hearing the appeal the secretary of state deleted text begin shalldeleted text end new text begin mustnew text end affirm
or reverse the ruling and deleted text begin shalldeleted text end new text begin mustnew text end give appropriate instructions to the county auditor.
A hearing before the secretary of state deleted text begin shalldeleted text end new text begin mustnew text end be
conducted as a contested case and determined in accordance with chapter 14.
Minnesota Statutes 2022, section 201.225, subdivision 2, is amended to read:
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 voter. The printed registration application
can be deleted text begin eitherdeleted text end a printed form, deleted text begin labelsdeleted text end new text begin a labelnew text end printed with voter information to be affixed to a
preprinted form, deleted text begin ordeleted text end a combination of deleted text begin bothdeleted text end new text begin a form and label, or an electronic record that the
voter signs electronically and is printed following its completion at the polling placenew 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 deleted text begin residesdeleted text end new text begin maintains residencenew text end 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
deleted text begin eitherdeleted text end a printed form deleted text begin ordeleted text end new text begin ,new text end a label printed with the voter's information to be affixed to the oathnew text begin ,
or an electronic record that the voter signs electronically and is printed following its
completion at the polling placenew text end ;
(10) contain only preregistered voters within the precinct, and not contain preregistered
voter data on voters registered outside of the precinctnew text begin , unless being utilized for absentee or
early voting under chapter 203B or for mail balloting on election day pursuant to section
204B.45, subdivision 2anew text end ;
(11) be only networked within the polling location on election day, except for the purpose
of updating absentee ballot records;
(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Department of Information
Technology Services;
(13) be capable of providing a voter's correct polling place; and
(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.
Electronic rosters used only for election day registration do not need to comply with clauses
(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
to comply with clauses (4) and (5).
Minnesota Statutes 2022, section 202A.18, subdivision 2a, is amended to read:
new text begin In a year when the office of governor appears
on the state general election ballot, new text end prior to the opening of nominations for the election of
permanent offices and delegates, a ballot must be distributed to permit caucus participants
to indicate their preference for the office of the governor. The results of preference voting
must be reported to the secretary of state immediately upon conclusion of the voting, in the
manner provided by the secretary of state. The secretary of state shall provide the appropriate
forms to the party for reporting the results.
Minnesota Statutes 2022, section 203B.001, is amended to read:
The Minnesota Election Law is applicable to voting by absentee ballotnew text begin and early votingnew text end
unless otherwise provided in this chapter.
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.01, is amended by adding a subdivision
to read:
new text begin
"Early voting" means voting in person before election day as
provided in section 203B.30.
new text end
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.01, is amended by adding a subdivision
to read:
new text begin
"Utility worker" means an employee of a public utility as
defined by section 216B.02, subdivision 4.
new text end
Minnesota Statutes 2022, section 203B.03, subdivision 1, is amended to read:
(a) No individual shall intentionally:
(1) make or sign any false certificate required by this chapter;
(2) make any false or untrue statement in any application for absentee ballots;
(3) apply for absentee ballots more than once in any election with the intent to cast an
illegal ballot;
(4) exhibit a ballot marked by that individual to any other individual;
(5) do any act in violation of the provisions of this chapter for the purpose of casting an
illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
(6) use information from absentee ballot new text begin or early voting new text end materials or records for purposes
unrelated to elections, political activities, or law enforcement;
(7) provide assistance to an absenteenew text begin or earlynew text end voter except in the manner provided by
section 204C.15, subdivision 1;
(8) solicit the vote of an absentee voter while in the immediate presence of the voter
during the time the individual knows the absentee voter is voting; or
(9) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.
(b) Before inspecting information from absentee ballot new text begin or early voting new text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.05, subdivision 1, is amended to read:
The full-time clerk of any city or town shall administer the
provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 new text end if:
(1) the county auditor of that county has designated the clerk to administer them; or
(2) the clerk has given the county auditor of that county notice of intention to administer
them.
The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.
A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 new text end if the clerk has been designated
by each of the county auditors or has provided notice to each of the county auditors that the
city will administer absentee voting. A clerk may only administer the provisions of sections
203B.04 to 203B.15new text begin and 203B.30new text end if the clerk has technical capacity to access the statewide
voter registration system in the secure manner prescribed by the secretary of state. The
secretary of state must identify hardware, software, security, or other technical prerequisites
necessary to ensure the security, access controls, and performance of the statewide voter
registration system. A clerk must receive training approved by the secretary of state on the
use of the statewide voter registration system before administering this section. A clerk may
not use the statewide voter registration system until the clerk has received the required
training. The county auditor must notify the secretary of state of any municipal clerk who
will be administering the provisions of this section and the duties that the clerk will
administer.
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.08, subdivision 1, is amended to read:
(a) An eligible voter who receives absentee
ballots as provided in this chapter shall mark them in the manner specified in the directions
for casting the absentee ballots. The return envelope containing marked ballots may be
mailed as provided in the directions for casting the absentee ballots, may be left with the
county auditor or municipal clerk who transmitted the absentee ballots to the voter, or may
be left in a drop box as provided in section 203B.082. If delivered in person, the return
envelope must be submitted to the county auditor or municipal clerk by deleted text begin 3:00deleted text end new text begin 8:00new text end p.m. on
election day.
(b) The voter may designate an agent to deliver in person the sealed absentee ballot
return envelope to the county auditor or municipal clerk or to deposit the return envelope
in the mail. An agent may deliver or mail the return envelopes of not more than three voters
in any election. Any person designated as an agent who tampers with either the return
envelope or the voted ballots or does not immediately mail or deliver the return envelope
to the county auditor or municipal clerk is guilty of a misdemeanor.
Minnesota Statutes 2022, section 203B.08, subdivision 3, is amended to read:
When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a locked ballot container or other secured and locked space with
other return envelopes received by that office. Within five days after receipt, the county
auditor or municipal clerk shall deliver to the ballot board all ballots received, except that
during the 14 days immediately preceding an election, the county auditor or municipal clerk
shall deliver all ballots received to the ballot board within three days. Ballots received on
election day deleted text begin either (1) after 3:00 p.m., if delivered in person; or (2)deleted text end after 8:00 p.m.deleted text begin , if
delivered by mail or a package delivery service,deleted text end shall be marked as received late by the
county auditor or municipal clerk, and must not be delivered to the ballot board.
Minnesota Statutes 2022, section 203B.081, subdivision 1, is amended to read:
new text begin (a) new text end An eligible voter may vote
by absentee ballot in the office of the county auditor and at any other polling place designated
by the county auditor during the 46 days before the election, except as provided in this
section.
new text begin
(b) At the request of a federally recognized Indian Tribe with a reservation in the county,
the county auditor must establish an additional polling place for at least one day on the
Indian reservation on a site agreed upon by the Tribe and the county auditor that is accessible
to the county auditor by a public road.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
An eligible voter may vote using early
voting during the 18 days before a federal, state, or county election, and during the 18 days
before a municipal election if authorized under section 203B.05, in the office of the county
auditor and at any other polling place designated by the county auditor. In elections in which
early voting is provided, the alternative voting procedure authorized by subdivision 3 must
not be provided.
new text end
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:
(a) The county auditor may make available a ballot
counter and ballot box for use by the voters during the deleted text begin sevendeleted text end new text begin 18new text end 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 namedeleted text begin ,deleted text end new text begin andnew text end addressdeleted text begin ,deleted text end andnew text begin , upon request of the election official, the voter'snew text end
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 new text begin an election
judge, new text end the county auditor, new text begin a new text end municipal clerk, or a deputy of the auditor or clerk.
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:
(a) new text begin In elections not eligible to use early voting under
subdivision 1a, new text end the county auditor may make available a ballot counter and ballot box for
use by the voters during the deleted text begin sevendeleted text end new text begin 18new text end 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
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
A county auditor or municipal clerk authorized under
section 203B.05 to administer voting before election day may designate additional polling
places with days and hours that differ from those required by section 203B.085. A designation
authorized by this subdivision must be made at least 47 days before the election. The county
auditor or municipal clerk must provide notice to the secretary of state at the time that the
designations are made.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
Voters casting absentee ballots in person for a town election
held in March may do so during the 30 days before the election.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
The county auditor must make polling place
designations at least 14 weeks before the election and must provide the notice to the secretary
of state at the time the designations are made.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
The county auditor must prepare a notice to the voters of the
days, times, and locations for voting before election day as authorized by this section. This
notice must be posted on the secretary of state's website, the county's website, and the
website for each municipality in which a voting location under this section is located at
least 14 days before the first day of the absentee voting period. If a county or municipality
does not have a website, the county auditor or municipal clerk must publish the notice at
least once in the jurisdiction's official newspaper at least seven days and not more than 14
days before the first day of the absentee voting period.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
The county auditor must provide each polling place with at least
one voting booth; a ballot box; an electronic ballot counter, unless it has not adopted use
of one; and at least one electronic ballot marker for individuals with disabilities pursuant
to section 206.57, subdivision 5.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.085, is amended to read:
new text begin
Prior to a state general election, the county
auditor's office in each county and the clerk's office in each city or town authorized under
section 203B.05 to administer voting before election day must be open:
new text end
new text begin
(1) until 7:00 p.m. on the Tuesday before the election;
new text end
new text begin
(2) from 9:00 a.m. to 3:00 p.m. on the two Saturdays before the election;
new text end
new text begin
(3) from 9:00 a.m. to 3:00 p.m. on the Sunday immediately before the election; and
new text end
new text begin
(4) until 5:00 p.m. on the day before the election.
new text end
new text begin
A polling place designated under 203B.081, subdivision 4, may be open alternate days and
hours.
new text end
new text begin In elections other than the state general election, new text end the county
auditor's office in each county and the clerk's office in each city or town authorized under
section 203B.05 to administer deleted text begin absentee ballotingdeleted text end new text begin voting before election daynew text end must be open
for deleted text begin acceptance of absentee ballot applications and casting of absentee ballotsdeleted text end new text begin voting as
authorized under section 203B.081new text end from deleted text begin 10:00deleted text end new text begin 9:00new text end a.m. to 3:00 p.m. on Saturday and until
5:00 p.m. on the day immediately preceding a primary, special, or general election unless
that day falls on a Saturday or Sunday. Town clerks' officesnew text begin , and county auditors' offices if
the county auditor has agreed to perform those duties on behalf of the town,new text end must be open
for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town general
election held in March. The school district clerk, when performing the county auditor's
election duties, need not comply with this section.
new text begin
All voters in line at a time when a polling place is scheduled to
close must be allowed to vote in the same manner as provided in section 204C.05, subdivision
2.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.11, subdivision 2, is amended to read:
During the deleted text begin 20deleted text end new text begin 45new text end days preceding
an election, the election judges deleted text begin shalldeleted text end new text begin mustnew text end deliver absentee ballots only to an eligible voter
who has applied for absentee ballots to the county auditor or municipal clerk under section
203B.04, subdivision 1.
Minnesota Statutes 2022, section 203B.11, subdivision 4, is amended to read:
During the seven days preceding an election and
until deleted text begin 2:00deleted text end new text begin 8:00new text end p.m. on election day, an eligible voter who would have difficulty getting to
the polls because of incapacitating health reasons, or who is disabled, or who is a patient
of a health care facility, a resident of deleted text begin a facility providingdeleted text end new text begin annew text end assisted living deleted text begin services governeddeleted text end
deleted text begin bydeleted text end new text begin facility licensed undernew text end chapter 144G, a participant in a residential program for adults
licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women
as defined in section 611A.37, subdivision 4, may designate an agent to deliver the ballots
to the voter from the county auditor or municipal clerk. An agent must have a preexisting
relationship with the voter. A candidate at the election may not be designated as an agent.
The voted ballots must be returned to the county auditor or municipal clerk no later than
deleted text begin 3:00deleted text end new text begin 8:00new text end p.m. on election day. The voter must complete an affidavit requesting the auditor
or clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
must include a statement from the voter stating that the ballots were delivered to the voter
by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
than three persons in any election. The secretary of state shall provide samples of the affidavit
and transmission envelope for use by the county auditors.
Minnesota Statutes 2022, section 203B.12, subdivision 7, is amended to read:
deleted text begin (a)deleted text end The names of voters who
have submitted an absentee ballot to the county auditor or municipal clerk that has not been
accepted deleted text begin may not be made available for public inspection until the close of voting on election
day.
deleted text end
deleted text begin (b) After the close of voting on election day, the listsdeleted text end must be available to the public in
the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision
to read:
new text begin
The secretary of state must maintain a list of
voters who cast a ballot using the early voting procedures established in section 203B.30
for all elections at which those procedures are used. The list must be available to the public
in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text end
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.121, subdivision 1, is amended to read:
(a) The governing body of each county,
municipality, and school district with responsibility to accept and reject absentee ballots new text begin or
to administer early voting new text end must, by ordinance or resolution, establish a ballot board. The
board must consist of a sufficient number of election judges appointed as provided in sections
204B.19 to 204B.22. The board may include deputy county auditors or deputy city clerks
who have received training in the processing and counting of absentee ballots. Each member
of the ballot board must be provided adequate training on the processing and counting of
absentee ballots, including but not limited to instruction on accepting and rejecting absentee
ballots, storage of absentee ballots, timelines and deadlines, the role of the ballot board,
procedures for opening absentee ballot envelopes, procedures for counting absentee ballots,
and procedures for reporting absentee ballot totals.
(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.
(c) Except as otherwise provided by this section, all provisions of the Minnesota Election
Law apply to a ballot board.
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.121, subdivision 2, is amended to read:
(a) The members of the ballot board
shall take possession of all signature envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each signature envelope and shall
mark it accepted or rejected in the manner provided in this subdivision. Election judges
performing the duties in this section must be of different major political parties, unless they
are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10,
subdivision 2.
(b) The members of the ballot board shall mark the signature envelope "Accepted" and
initial or sign the signature envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the signature envelope are the same as the information
provided on the absentee ballot application;
(2) the voter signed the certification on the envelope;
(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as a number on the voter's absentee
ballot application or voter record. If the number does not match, the election judges must
compare the signature provided by the applicant to determine whether the ballots were
returned by the same person to whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the signature envelope;
(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
deleted text begin close of business on the seventhdeleted text end new text begin 19thnew text end day before the electiondeleted text begin , by absentee ballotdeleted text end new text begin as provided
by section 203B.081new text end .
The signature envelope from accepted ballots must be preserved and returned to the
county auditor.
(c)(1) If a majority of the members of the ballot board examining a signature envelope
find that an absentee voter has failed to meet one of the requirements provided in paragraph
(b), they shall mark the signature envelope "Rejected," initial or sign it below the word
"Rejected," list the reason for the rejection on the envelope, and return it to the county
auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by
this section. Failure to place the ballot within the secrecy envelope before placing it in the
outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and signature envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter by
telephone or email to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.
(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.
Minnesota Statutes 2022, section 203B.121, subdivision 3, is amended to read:
(a) When applicable, the county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been acceptednew text begin or that the voter
has cast a ballot pursuant to the early voting procedures provided in this chapternew text end . After the
close of business on the deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, a voter whose record indicates
that an absentee ballot has been accepted must not be permitted to cast another ballot at that
election. In a state primary, general, or state special election for federal deleted text begin ordeleted text end new text begin ,new text end statenew text begin , or countynew text end
office, the auditor or clerk must also record this information in the statewide voter registration
system.
(b) The roster must be marked, and a supplemental report of absentee new text begin and early new text end voters
who submitted a voter registration application with their ballot must be created, no later
than the start of voting on election day to indicate the voters that have already cast a ballot
at the election. The roster may be marked either:
(1) by the county auditor or municipal clerk before election day;
(2) by the ballot board before election day; or
(3) by the election judges at the polling place on election day.
deleted text begin The record of a voter whose absentee ballot was received after the close of business on
deleted text end deleted text begin thedeleted text end deleted text begin seventh day before the election is not required to be marked on the roster or contained
in a deleted text end deleted text begin supplemental report as required by this paragraph.
deleted text end
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.121, subdivision 3, is amended to read:
(a) When applicable, the county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been accepted. After the close
of business on the deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, a voter whose record indicates that
an absentee ballot has been accepted must not be permitted to cast another ballot at that
election. In a state primary, general, or state special election for federal or state office, the
auditor or clerk must also record this information in the statewide voter registration system.
(b) The roster must be marked, and a supplemental report of absentee voters who
submitted a voter registration application with their ballot must be created, no later than the
start of voting on election day to indicate the voters that have already cast a ballot at the
election. The roster may be marked either:
(1) by the county auditor or municipal clerk before election day;
(2) by the ballot board before election day; or
(3) by the election judges at the polling place on election day.
deleted text begin
The record of a voter whose absentee ballot was received after the close of business on
the seventh day before the election is not required to be marked on the roster or contained
in a supplemental report as required by this paragraph.
deleted text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 203B.121, subdivision 4, is amended to read:
After the close of business on the deleted text begin seventhdeleted text end new text begin 19thnew text end day
before the election, the ballots from secrecy envelopes within the signature envelopes marked
"Accepted" may 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 voted ballot is enclosed in the ballot envelope, the ballots must
be returned in the manner provided by section 204C.25 for return of spoiled ballots, and
may not be counted.
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 203B.16, subdivision 2, is amended to read:
Sections 203B.16 to 203B.27
provide the exclusive voting procedure for United States citizens who are living indefinitely
outside the territorial limits of the United States who meet all the qualifications of an eligible
voter except residence in Minnesota, but who are authorized by federal law to vote in
Minnesota because they or, if they have never deleted text begin resideddeleted text end new text begin maintained residencenew text end in the United
States, a parent maintained residence in Minnesota for at least 20 days immediately prior
to their departure from the United States. Individuals described in this subdivision shall be
permitted to vote only for the offices of president, vice-president, senator in Congress, and
representative in Congress.
new text begin
Any eligible Minnesota voter who is
a trained or certified emergency response provider or utility worker who is deployed during
the time period authorized by law for absentee voting, on election day, or during any state
of emergency declared by the President of the United States or any governor of any state
within the United States may request that ballots, instructions, and a certificate of voter
eligibility be transmitted to the voter electronically. Upon receipt of a properly completed
application requesting electronic transmission, the county auditor shall electronically transmit
the requested materials to the voter. The county auditor is not required to provide return
postage to voters to whom ballots are transmitted electronically.
new text end
new text begin
Any eligible Minnesota
voter with a print disability, including any voter with disabilities that interfere with the
effective reading, writing, or use of printed materials, may request that ballots, instructions,
and a certificate of voter eligibility be transmitted to the voter electronically in an accessible
format that meets Election Assistance Commission minimum accessibility requirements.
Upon receipt of a properly completed application requesting electronic transmission, the
county auditor shall electronically transmit the requested materials to the voter. The county
auditor must also mail the voter materials required under section 203B.07.
new text end
new text begin
A voter receiving a ballot electronically under
subdivision 1 or 2 must print and return the voter's voted ballot and the certificate of voter
eligibility to the county auditor in a sealed envelope. A voter must not return the ballot or
certificate of voter eligibility electronically. A ballot that is returned electronically must not
be accepted and must not be counted.
new text end
new text begin
For purposes of this section, "early voting official" means
the county auditor, the city clerk, a deputy of the auditor or clerk, or an election judge.
new text end
new text begin
(a) When a voter appears in an early voting polling place,
the voter must state the voter's name, address, and, if requested, the voter's date of birth to
the early voting official. The early voting official must confirm that the voter's registration
is current in the statewide voter registration system and that the voter has not already cast
a ballot in the election. If the voter's status is challenged, the voter may resolve the challenge
as provided in section 204C.12. An individual who is not registered to vote or whose name
or address has changed must register in the manner provided in section 201.061, subdivision
3. A voter who has already cast a ballot in the election must not be provided with a ballot.
new text end
new text begin
(b) Each voter must sign the certification provided in section 204C.10. 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. After the voter signs the certification,
two early voting officials must initial the ballot and issue it to the voter. The voter must
immediately retire to a voting station or other designated location in the polling place to
mark the ballot. The voter must not take a ballot from the polling place. If the voter spoils
the ballot, the voter may return it to the early voting official in exchange for a new ballot.
After completing the ballot, the voter must deposit the ballot into the ballot counter and
ballot box. The early voting official must immediately record that the voter has voted in the
manner provided in section 203B.121, subdivision 3.
new text end
new text begin
The early voting official must remove and secure ballots
cast during the early voting period following the procedures in section 203B.121, subdivision
5, paragraph (a). The absentee ballot board must count the ballots after the polls have closed
on election day following the procedures in section 203B.121, subdivision 5, paragraph (b).
new text end
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 204B.06, subdivision 1, is amended to read:
An affidavit of candidacy shall state the name of the
office sought and, except as provided in subdivision 4, shall state that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a candidate for any office at the same primary or
next ensuing general election, except deleted text begin that a candidate for soil and water conservation district
supervisor in a district not located in whole or in part in Anoka, Hennepin, Ramsey, or
Washington County, may also have on file an affidavit of candidacy for mayor or council
member of a statutory or home rule charter city of not more than 2,500 population contained
in whole or in part in the soil and water conservation district or for town supervisor in a
town of not more than 2,500 population contained in whole or in part in the soil and water
conservation districtdeleted text end new text begin as authorized by subdivision 9new text end ; and
(3) is, or will be on assuming the office, 21 years of age or more, and will have maintained
residence in the district from which the candidate seeks election for 30 days before the
general election.
An affidavit of candidacy must include a statement that the candidate's name as written
on the affidavit for ballot designation is the candidate's true name or the name by which the
candidate is commonly and generally known in the community.
An affidavit of candidacy for partisan office shall also state the name of the candidate's
political party or political principle, stated in three words or less.
Minnesota Statutes 2022, section 204B.06, subdivision 1b, is amended to read:
(a) An affidavit
of candidacy must state a telephone number where the candidate can be contacted. An
affidavit must also state the candidate's new text begin or campaign's nongovernment issued electronic
mail address or an attestation that the candidate and the candidate's campaign do not possess
an electronic mail address. An affidavit must also state the candidate's new text end address of residence
as determined under section 200.031, or at the candidate's request in accordance with
paragraph (c), the candidate's campaign contact address. The form for the affidavit of
candidacy must allow the candidate to request, if eligible, that the candidate's address of
residence be classified as private data, and to provide the certification required under
paragraph (c) for classification of that address.
(b) new text begin If an affidavit for an office where a residency requirement must be satisfied by the
close of the filing period is filed as provided by paragraph (c), the filing officer must, within
one business day of receiving the filing, determine whether the address provided in the
affidavit of candidacy is within the area represented by the office the candidate is seeking.
For all other candidates who filednew text end for an office whose residency requirement must be satisfied
by the close of the filing period, a registered voter in this state may request in writing that
the filing officer receiving the affidavit of candidacy review the address as provided in this
paragraph, at any time up to one day after the last day for filing for office. If requested, the
filing officer must determine whether the address provided in the affidavit of candidacy is
within the area represented by the office the candidate is seeking. If the filing officer
determines that the address is not within the area represented by the office, the filing officer
must immediately notify the candidate and the candidate's name must be removed from the
ballot for that office. A determination made by a filing officer under this paragraph is subject
to judicial review under section 204B.44.
(c) If the candidate requests that the candidate's address of residence be classified as
private data, the candidate must list the candidate's address of residence on a separate form
to be attached to the affidavit. The candidate must also certify on the affidavit that new text begin either:
new text end
new text begin (1) new text end a police report has been submitted deleted text begin ordeleted text end new text begin ,new text end an order for protection has been issuednew text begin , or the
candidate has a reasonable fearnew text end in regard to the safety of the candidate or the candidate's
familydeleted text begin ,deleted text end new text begin ;new text end or
new text begin (2)new text end deleted text begin thatdeleted text end the candidate's address is otherwise private pursuant to Minnesota law.
The address of residence provided by a candidate who makes a request for classification
on the candidate's affidavit of candidacy and provides the certification required by this
paragraph is classified as private data, as defined in section 13.02, subdivision 12, but may
be reviewed by the filing officer as provided in this subdivision.
(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
Minnesota Statutes 2022, section 204B.06, subdivision 4a, is amended to read:
Candidates who seek nomination for the following
offices shall state the following additional information on the affidavit:
(1) for governor or lieutenant governor, that on the first Monday of the next January the
candidate will be 25 years of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;
(2) for supreme court justice, court of appeals judge, or district court judge, that the
candidate is learned in the lawnew text begin and will not turn 70 years of age before the first Monday in
January of the following yearnew text end ;
(3) for county, municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;
(4) for senator or representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have deleted text begin resideddeleted text end new text begin maintained residencenew text end not less than
one year in the state and not less than six months in the legislative district from which the
candidate seeks election.
Minnesota Statutes 2022, section 204B.06, is amended by adding a subdivision
to read:
new text begin
Notwithstanding subdivision 1, clause (2):
new text end
new text begin
(1) a candidate for soil and water conservation district supervisor in a district not located
in whole or in part in Anoka, Hennepin, Ramsey, or Washington County may also have on
file an affidavit of candidacy for:
new text end
new text begin
(i) mayor or council member of a statutory or home rule charter city of not more than
2,500 population contained in whole or in part in the soil and water conservation district;
or
new text end
new text begin
(ii) town supervisor in a town of not more than 2,500 population contained in whole or
in part in the soil and water conservation district; and
new text end
new text begin
(2) a candidate for school board member may also have on file an affidavit of candidacy
for town board supervisor, unless that town board is exercising the powers of a statutory
city under section 368.01 or an applicable special law.
new text end
Minnesota Statutes 2022, section 204B.09, subdivision 1, is amended to read:
(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 84 days nor less than 70 days before the state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens and the last
day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed
in the presence of a notarial officer or an individual authorized to administer oaths under
section 358.10.
(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions at least 77 days
before the general election day pursuant to section 204B.07. Nominating petitions to fill
vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or
petition shall be accepted later than 5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for county offices must be filed with the county auditor of
that county. Affidavits and petitions for federal offices must be filed with the secretary of
state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate deleted text begin residesdeleted text end new text begin maintains residencenew text end .
(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by
mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must
be received by 5:00 p.m. on the last day for filing.
Minnesota Statutes 2022, section 204B.09, subdivision 3, is amended to read:
(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.
new text begin
(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:
new text end
new text begin
(1) require the candidate to file a written request with the chief election official at least
seven days before the city election if the candidate wants to have the candidate's write-in
votes individually recorded; or
new text end
new text begin
(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.
new text end
new text begin
If the governing body of the statutory or home rule charter city adopts a resolution authorized
by this paragraph, the resolution must be adopted 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.
new text end
new text begin
(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 end
deleted text begin (b)deleted text end new text begin (d)new text end A candidate for president of the United States who files a request under this
subdivision must deleted text begin file jointly with another individual seeking nomination as a candidate for
vice president of the United States. A candidate for vice president of the United States who
files a request under this subdivision must file jointly with another individual seeking
nomination asdeleted text end new text begin include the name of new text end a candidate for new text begin vice new text end 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.
deleted text begin (c)deleted text end new text begin (e)new text end 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.
Minnesota Statutes 2022, section 204B.13, is amended by adding a subdivision
to read:
new text begin
This section does not apply to a vacancy in
nomination for a federal office.
new text end
Minnesota Statutes 2022, section 204B.14, subdivision 2, is amended to read:
(a) The following shall constitute
at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be established no later than
November 1 if a presidential nomination primary is scheduled to occur in the following
year or May 1 of any other year:
(1) for any city of the third or fourth class, any town, or any city having territory in more
than one county, in which all the voters of the city or town shall cast their ballots;
(2) for contiguous precincts in the same municipality;
(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county;
or
(4) for noncontiguous precincts located in one or more counties.
Subject to the requirements of paragraph (c), a single, accessible, combined polling place
may be established after May 1 of any year in the event of an emergency.
A copy of the ordinance or resolution establishing a combined polling place must be
filed with the county auditor within 30 days after approval by the governing bodynew text begin , and the
county auditor must provide notice within ten days to the secretary of state, in a manner
and including information prescribed by the secretary of statenew text end . A polling place combined
under clause (3) must be approved by the governing body of each participating municipality.
A polling place combined under clause (4) must be approved by the governing body of each
participating municipality and the secretary of state and may be located outside any of the
noncontiguous precincts. A municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal with the county auditor no
later than October 1 if a presidential nomination primary is scheduled to occur in the
following year or April 1 of any other yearnew text begin , and the county auditor must provide notice
within ten days to the secretary of state, in a manner and including information prescribed
by the secretary of statenew text end .
The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place, except that in a precinct that uses electronic rosters
the secretary of state shall provide separate data files for each precinct. A single set of
election judges may be appointed to serve at a combined polling place. The number of
election judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling place. Separate ballot
boxes must be provided for the ballots from each precinct. The results of the election must
be reported separately for each precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported in the manner
specified by the secretary of state.
(c) If a local elections official determines that an emergency situation preventing the
safe, secure, and full operation of a polling place on election day has occurred or is imminent,
the local elections official may combine two or more polling places for that election pursuant
to this subdivision. To the extent possible, the polling places must be combined and the
election conducted according to the requirements of paragraph (b), except that:
(1) polling places may be combined after May 1 and until the polls close on election
day;
(2) any city or town, regardless of size or location, may establish a combined polling
place under this paragraph;
(3) the governing body is not required to adopt an ordinance or resolution to establish
the combined polling place;
(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved
by the local election official of each participating municipality;
(5) the local elections official must immediately notify the county auditor and the
secretary of state of the combination, including the reason for the emergency combination
and the location of the combined polling place. As soon as possible, the local elections
official must also post a notice stating the reason for the combination and the location of
the combined polling place. The notice must also be posted on the governing board's website,
if one exists. The local elections official must also notify the election judges and request
that local media outlets publicly announce the reason for the combination and the location
of the combined polling place; and
(6) on election day, the local elections 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 combined 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 combined polling place will be
extended until the specified time.
Minnesota Statutes 2022, section 204B.16, subdivision 1, is amended to read:
(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 deleted text begin a polling place for each election precinct. The polling
places designated in the ordinance or resolution are the polling places for the following
calendar year, unless a change is made:deleted text end new text begin any changes to a polling place location. A polling
place must be maintained for the following calendar year unless changed:
new text end
new text begin
(1) by ordinance or resolution by December 31 of the previous year;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end pursuant to section 204B.175;
deleted text begin (2)deleted text end new text begin (3)new text end because a polling place has become unavailable;
deleted text begin (3)deleted text end new text begin (4)new text end because a township designates one location for all statenew text begin , county,new text end and federal
elections and one location for all township only elections; and
deleted text begin (4)deleted text end new text begin (5)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.
Minnesota Statutes 2022, section 204B.19, subdivision 6, is amended to read:
new text begin (a) new text end Notwithstanding any other
requirements of this section, a student enrolled in a high school in Minnesota or who is in
a home school in compliance with sections 120A.22 and 120A.24, who has attained the age
of 16 is eligible to be appointed as a without party affiliation trainee election judge in the
county in which the student deleted text begin residesdeleted text end new text begin maintains residencenew text end , or a county adjacent to the county
in which the student deleted text begin residesdeleted text end new text begin maintains residencenew text end . The student must meet qualifications for
trainee election judges specified in rules of the secretary of state. new text begin A student appointed under
this subdivision while enrolled in a high school or receiving instruction in a home school
may continue to serve as a trainee election judge after the student graduates and until the
student reaches the age of 18.
new text end
new text begin (b) new text end A student appointed as a trainee election judge may be excused from school attendance
during the hours that the student is serving as a trainee election judge if the student submits
a written request signed and approved by the student's parent or guardian to be absent from
school and a certificate from the appointing authority stating the hours during which the
student will serve as a trainee election judge to the principal of the school at least ten days
prior to the election. deleted text begin Students shall not serve asdeleted text end new text begin Anew text end trainee election deleted text begin judgesdeleted text end new text begin judge shall not
serve new text end after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election judges
may be paid not less than two-thirds of the minimum wage for a large employer. The principal
of the school may approve a request to be absent from school conditioned on acceptable
academic performance at the time of service as a trainee election judge.
Minnesota Statutes 2022, section 204B.21, subdivision 2, is amended to read:
Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality. Election judges
for precincts in unorganized territory and for performing election-related duties assigned
by the county auditor shall be appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the governing body of the
municipality or municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes. Except as otherwise provided in this section,
appointments shall be made from the list of voters who deleted text begin residedeleted text end new text begin maintain residencenew text end in each
precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and
other qualifications established or authorized under section 204B.19. At least two election
judges in each precinct must be affiliated with different major political parties. If no lists
have been furnished or if additional election judges are required after all listed names in
that municipality have been exhausted, the appointing authority may appoint other individuals
who meet the qualifications to serve as an election judge, including persons on the list
furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality,
and persons who are not affiliated with a major political party. An individual who is appointed
from a source other than the list furnished pursuant to subdivision 1 must provide to the
appointing authority the individual's major political party affiliation or a statement that the
individual does not affiliate with any major political party. An individual who refuses to
provide the individual's major political party affiliation or a statement that the individual
does not affiliate with a major political party must not be appointed as an election judge.
The appointments shall be made at least 25 days before the election at which the election
judges will serve, except that the appointing authority may pass a resolution authorizing
the appointment of additional election judges within the 25 days before the election if the
appointing authority determines that additional election judges will be required.
Minnesota Statutes 2022, section 204B.26, is amended to read:
new text begin A county auditor or municipal clerk may remove any precinct election official at any
time if the official engages in a neglect of duty, malfeasance, misconduct in office, or for
other cause. new text end Any individual who serves as an election judge in violation of any of the
provisions of sections 204B.19 to 204B.25, is guilty of a misdemeanor.
Minnesota Statutes 2022, section 204B.28, subdivision 2, is amended to read:
new text begin (a) new text end Except as
otherwise provided for absentee ballotsnew text begin in this section andnew text end in section 204B.35, subdivision
4, the county auditor shall complete the preparation of the election materials for which the
auditor is responsible at least four days before every state primary and state general election.
At any time after all election materials are available from the county auditor but not later
than four days before the election each municipal clerk shall secure from the county auditor:
deleted text begin (a)deleted text end new text begin (1)new text end the forms that are required for the conduct of the election;
deleted text begin (b)deleted text end new text begin (2)new text end any printed voter instruction materials furnished by the secretary of state;
deleted text begin (c)deleted text end new text begin (3)new text end any other instructions for election officers; and
deleted text begin (d)deleted text end new text begin (4)new text end a sufficient quantity of the official ballots, registration files, envelopes for ballot
returns, and other supplies and materials required for each precinct in order to comply with
the provisions of the Minnesota Election Law. The county auditor may furnish the election
supplies to the municipal clerks in the same manner as the supplies are furnished to precincts
in unorganized territory pursuant to section 204B.29, subdivision 1.
new text begin
(b) The county auditor must prepare and make available election materials for early
voting to city clerks designated to administer early voting under section 203B.05 at least
one day prior to the beginning of the early voting period as provided in section 203B.081.
new text end
new text begin
This section is effective upon the revisor of statutes' receipt of
the early voting certification and applies to elections held on or after January 1, 2024, or
the 85th day after the revisor of statutes receives the certification, whichever is later.
new text end
Minnesota Statutes 2022, section 204B.32, subdivision 2, is amended to read:
The secretary of state shall develop procedures
for the allocation of election expenses among counties, municipalities, and school districts
for elections that are held concurrently. The following expenses must be included in the
procedures: salaries of election judges; postage for absentee ballots and applications;
preparation of polling places; preparation and testing of electronic voting systems; ballot
preparation; publication of election notices deleted text begin and sample ballotsdeleted text end new text begin , including the notice required
by section 204D.16new text end ; transportation of ballots and election supplies; and compensation for
administrative expenses of the county auditor, municipal clerk, or school district clerk.
new text begin
This section is effective December 1, 2023, or upon the secretary
of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph
(b), whichever is earlier. The secretary of state must notify the revisor of statutes of the
approval date.
new text end
Minnesota Statutes 2022, section 204B.35, is amended by adding a subdivision
to read:
new text begin
Notwithstanding sections 204B.35 to 204B.44 and
chapter 204D, a jurisdiction may prepare blank paper ballots, if the jurisdiction employs an
electronic voting system and the required information is instead displayed on a touch screen
or other electronic device in a format that substantially meets the requirements of law.
new text end
Minnesota Statutes 2022, section 204B.45, subdivision 1, is amended to read:
A town of any size deleted text begin not located in a metropolitan county
as defined by section 473.121,deleted text end or a city having fewer than 400 registered voters on June 1
of an election year deleted text begin and not located in a metropolitan county as defined by section 473.121,deleted text end
may provide balloting by mail at any municipal, county, or state election with no polling
place other than the office of the auditor or clerk or other locations designated by the auditor
or clerk. The governing body may apply to the county auditor for permission to conduct
balloting by mail. The county board may provide for balloting by mail in unorganized
territory. The governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of the county
auditor.
Voted ballots may be returned in person to any location designated by the county auditor
or municipal clerk.
Minnesota Statutes 2022, section 204B.45, subdivision 2, is amended to read:
Notice of the election and the special
mail procedure must be given at least ten weeks prior to the election. Not more than 46 days
nor later than 14 days before a regularly scheduled election and not more than 30 days nor
later than 14 days before any other election, the auditor shall mail ballots by nonforwardable
mail to all voters registered in the city, town, or unorganized territory. No later than 14 days
before the election, the auditor must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots as
provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to
examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected"
within three days of receipt if there are 14 or fewer days before election day, or within five
days of receipt if there are more than 14 days before election day. The board may consist
of deputy county auditors or deputy municipal clerks who have received training in the
processing and counting of mail ballots, who need not be affiliated with a major political
party. 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. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must remain sealed and the auditor or clerk shall
provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.
If the ballot 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 email to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. deleted text begin After the close of businessdeleted text end
On the deleted text begin seventhdeleted text end new text begin 18thnew text end day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from mail or absentee ballots may be made public before the
close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter
deleted text begin residesdeleted text end new text begin maintains residencenew text end . Any ballot received by 8:00 p.m. on the day of the election
must be counted.
Minnesota Statutes 2022, section 204B.45, is amended by adding a subdivision
to read:
new text begin
(a) The county auditor may make available
a ballot counter and ballot box for use during voting hours on election day by the voters
voting under this section. If a ballot counter and ballot box is provided on election day, a
voter must be given the option to either:
new text end
new text begin
(1) vote using the procedures provided in subdivision 2; or
new text end
new text begin
(2) vote in the manner provided in this subdivision.
new text end
new text begin
(b) When a voter appears in the designated polling place, the voter must state the voter's
name, address, and, if requested, the voter's date of birth to the mail ballot voting official.
The mail ballot voting official must confirm that the voter's registration is current in the
statewide voter registration system and that the voter has not already cast a ballot in the
election. If the voter's status is challenged, the voter may resolve the challenge as provided
in section 204C.12. An individual who is not registered to vote or whose name or address
has changed must register in the manner provided in section 201.061, subdivision 3. A voter
who has already cast a ballot in the election must not be provided with a ballot.
new text end
new text begin
(c) Each voter must sign the certification provided in section 204C.10. 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. After signing the voter certification,
two mail ballot voting officials must initial the ballot and issue it to the voter, and the voter
must immediately retire to a voting station or other designated location in the polling place
to mark the ballot. The voter must not take the ballot from the polling place. If the voter
spoils the ballot, the voter may return it to the mail ballot voting official in exchange for a
new ballot. After completing the ballot, the voter must deposit the ballot into the ballot
counter and ballot box. The mail ballot voting official must immediately record that the
voter has voted in the manner provided in section 203B.121, subdivision 3.
new text end
new text begin
(d) The mail ballot voting official must remove and secure the ballots following the
procedures in section 203B.121, subdivision 5, paragraph (a). The absentee ballot board
must count the ballots after the polls have closed on election day following the procedures
in section 203B.121, subdivision 5, paragraph (b).
new text end
new text begin
(e) For purposes of this subdivision, "mail ballot voting official" means the county
auditor, the city clerk, a deputy of the auditor or clerk, or an election judge assigned by the
auditor or clerk.
new text end
Minnesota Statutes 2022, section 204B.46, is amended to read:
A county, municipality, or school district submitting questions to the voters at a special
election may conduct an election by mail with no polling place other than the office of the
auditor or clerk. No offices may be voted on at a mail electiondeleted text begin .deleted text end new text begin , except in overlapping school
and municipality jurisdictions, where a mail election may include an office when one of the
jurisdictions also has a question on the ballot.new text end Notice of the election must be given to the
county auditor at least 74 days prior to the election. This notice shall also fulfill the
requirements of Minnesota Rules, part 8210.3000. The special mail ballot procedures must
be posted at least six weeks prior to the election. Not more than 46 nor later than 14 days
prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all
voters registered in the county, municipality, or school district. No later than 14 days before
the election, the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant
to chapter 203B. The auditor or clerk must appoint a ballot board to examine the mail and
absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days
of receipt if there are 14 or fewer days before election day, or within five days of receipt if
there are more than 14 days before election day. The board may consist of deputy county
auditors, deputy municipal clerks, or deputy school district clerks who have received training
in the processing and counting of mail ballots, who need not be affiliated with a major
political party. 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. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must remain sealed and the auditor or clerk must
provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.
If the ballot 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 email to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. deleted text begin After the close of businessdeleted text end
On the deleted text begin seventhdeleted text end new text begin 18thnew text end day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from ballots may be made public before the close of voting
on election day.
Minnesota Statutes 2022, section 204B.49, is amended to read:
The secretary of state, county auditor, municipal clerk, school district clerk, or an election
judge may provide a sticker containing the words "I VOTED," and nothing more, to an
individual who:
(1) has successfully deposited a ballot into a ballot boxdeleted text begin , under section 203B.081,
subdivision 3, or 204C.13, subdivision 5deleted text end ;
(2) is provided an absentee ballot under section 203B.07, subdivision 1, or 203B.21,
subdivision 2; or
(3) is provided a ballot by mail under section 204B.45 or 204B.46.
Minnesota Statutes 2022, section 204C.04, subdivision 1, is amended to read:
Every employee who is eligible to vote in an election
has the right to be absent from work for the time necessary to appear at the employee's
polling place, cast a ballot, and return to work on the day of that electionnew text begin or during the time
period allowed under section 203B.081 for voting in person before election daynew text end , without
penalty or deduction from salary or wages because of the absence. An employer or other
person may not directly or indirectly refuse, abridge, or interfere with this right or any other
election right of an employee.
Minnesota Statutes 2022, section 204C.07, subdivision 4, is amended to read:
An election judge deleted text begin maydeleted text end new text begin mustnew text end not be appointed as a
challenger. The election judges deleted text begin shalldeleted text end new text begin mustnew text end permit challengers appointed pursuant to this
section to be present in the polling place during the hours of voting and to remain there until
the votes are counted and the results declared. deleted text begin Nodeleted text end new text begin Anew text end challenger deleted text begin shalldeleted text end new text begin must notnew text end handle or
inspect registration cards, files, or lists. Challengers deleted text begin shalldeleted text end new text begin mustnew text end not prepare in any manner
any list of individuals who have or have not voted. They deleted text begin shalldeleted text end new text begin mustnew text end not attempt to influence
voting in any manner. deleted text begin They shalldeleted text end new text begin In accordance with section 204C.12, challengers mustnew text end not
converse with a voter deleted text begin except to determine, in the presence of an election judge, whether the
voter is eligible to vote in the precinctdeleted text end .
Minnesota Statutes 2022, section 204C.15, subdivision 1, is amended to read:
A voter who claims a need for
assistance because of inability to read English or physical inability to mark a ballot may
obtain the aid of two election judges who are members of different major political parties.
The election judges shall mark the ballots as directed by the voter and in as secret a manner
as circumstances permit. A voter in need of assistance may alternatively obtain the assistance
of any individual the voter chooses. Only the following persons may not provide assistance
to a voter: the voter's employer, an agent of the voter's employer, new text begin or new text end an officer or agent of
the voter's uniondeleted text begin , or a candidate for electiondeleted text end . The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
as directed by the voter. deleted text begin No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election.deleted text end Before the ballots
are deposited, the voter may show them privately to an election judge to ascertain that they
are marked as the voter directed. An election judge or other individual assisting a voter shall
not in any manner request, persuade, induce, or attempt to persuade or induce the voter to
vote for any particular political party or candidate. The election judges or other individuals
who assist the voter shall not reveal to anyone the name of any candidate for whom the
voter has voted or anything that took place while assisting the voter.
Minnesota Statutes 2022, section 204C.19, subdivision 3, is amended to read:
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.
new text end
Minnesota Statutes 2022, section 204C.24, subdivision 1, is amended to read:
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) new text begin 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 end
new 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 end new text begin (6)new text end the number of voters registering on election day in that precinct; deleted text begin and
deleted text end
deleted text begin (6)deleted text end new 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 questionnew text begin ;
new text end
new text begin
(8) the number of election judges that worked in that precinct on election day; and
new text end
new text begin (9) the number of voting booths used in that precinct on election daynew text end .
At least two copies of the summary statement must be prepared for elections not held
on the same day as the state elections.
Minnesota Statutes 2022, section 204C.28, subdivision 1, is amended to read:
new text begin (a) new text end Every county auditor deleted text begin shalldeleted text end new text begin mustnew text end remain at the
auditor's office to receive delivery of the returns, to permit public inspection of the summary
statements, and to tabulate the votes deleted text begin until all have been tabulated and the results made
deleted text end deleted text begin known, ordeleted text end until 24 hours have elapsed since the end of the hours for votingdeleted text begin , whicheverdeleted text end
deleted text begin occurs firstdeleted text end new text begin , unless the county auditor adjourns absentee ballot countingnew text end . Every county
auditor deleted text begin shalldeleted text end new text begin mustnew text end , in the presence of the municipal clerk or the election judges who deliver
the returns, make a record of all materials delivered, the time of delivery, and the names of
the municipal clerk or election judges who made delivery. The record must include the
number of ballots delivered to the precinct, as certified by section 204B.28, and the total
number of ballots returned, as certified by the election judges under section 204C.24. A
discrepancy between the number of ballots delivered to the precinct and the number of total
ballots returned by election judges that cannot be reconciled by taking into account the
adjustments made by the election judge counts and any unofficial ballots must be noted,
but does not necessarily require disqualification of the votes from that precinct or invalidation
of the election. The county auditor deleted text begin shalldeleted text end new text begin mustnew text end file the record and all envelopes containing
ballots in a safe and secure place with envelope seals unbroken. Access to the record and
ballots deleted text begin shalldeleted text end new text begin mustnew text end be strictly controlled. Accountability and a record of access deleted text begin shalldeleted text end new text begin mustnew text end
be maintained by the county auditor during the period for contesting elections or, if a contest
is filed, until the contest has been finally determined. Thereafter, the record deleted text begin shalldeleted text end new text begin mustnew text end be
retained in the auditor's office for the same period as the ballots as provided in section
204B.40.
new text begin (b) new text end The county auditor deleted text begin shalldeleted text end new text begin mustnew text end file all envelopes containing ballots in a safe place
with seals unbroken. If the envelopes deleted text begin were previouslydeleted text end new text begin arenew text end opened by proper authority for
examination or recountnew text begin as specifically authorized by a court or statutenew text end , the county auditor
deleted text begin shalldeleted text end new text begin mustnew text end have the envelopes sealed again and signed by the individuals who made the
inspection or recount. The envelopes may be opened by the county deleted text begin canvassing boarddeleted text end new text begin auditornew text end
if necessary to procure election returns that the election judges inadvertently may have
sealed in the envelopes with the ballots. In that case, the envelopes deleted text begin shalldeleted text end new text begin mustnew text end be sealed
again and signed in the same manner as otherwise provided in this subdivision.
Minnesota Statutes 2022, section 204C.33, subdivision 3, is amended to read:
The State Canvassing Board shall meet at a public meeting
space located in the Capitol complex area on the third Tuesday 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 Upon completion of the canvass, the State Canvassing Board shall declare the candidates
duly elected who received the highest number of votes for each federal and state office. new text end All
members of the State Canvassing Board shall sign the report and certify its correctness. The
State Canvassing Board shall declare the result within three days after completing the
canvass.
Minnesota Statutes 2022, section 204C.35, is amended by adding a subdivision
to read:
new text begin
Notwithstanding any law to the contrary, a canvassing
board may direct a recount official to make images of ballots challenged by a candidate in
a recount available to the public.
new text end
Minnesota Statutes 2022, section 204C.39, subdivision 1, is amended to read:
A county canvassing board may determine by
majority vote that the election judges have made an obvious error in counting or recording
the votes for an office. The county canvassing board shall then promptly notify all candidates
for that office of the determination, including a description of the error. deleted text begin A candidate who
deleted text end deleted text begin receives notification pursuant to this subdivision or any candidate who believes that the
deleted text end deleted text begin election judges in a precinct have made an obvious error in the counting or recording of the
deleted text end deleted text begin votes for an office maydeleted text end new text begin The county canvassing board must also instruct the county auditor
tonew text end apply without unreasonable delay to the district court of the county containing the precinct
in which the alleged error was made for an order determining whether or not an obvious
error has been made. The deleted text begin applicantdeleted text end new text begin auditornew text end shall describe the alleged error in the application
and may submit additional evidence as directed by the court. The deleted text begin applicantdeleted text end new text begin auditornew text end shall
notify the county canvassing board and all candidates for the affected office in the manner
directed by the court. If the court finds that the election judges made an obvious error it
shall issue an order specifying the error and directing the county canvassing board to inspect
the ballots and returns of the precinct in order to correct the error and to proceed further in
accordance with this section or otherwise as the court may direct.
Minnesota Statutes 2022, section 204D.08, subdivision 5, is amended to read:
The names of candidates for nomination of the
major political party that received the smallest average vote at the last state general election
must be placed in the first column on the left side of the ballot. The names of candidates
for nomination of the major political party that received the next smallest average vote at
the last state general election must be placed in the second column, and so on. The average
vote shall be computed deleted text begin in the manner provided in section 204D.13, subdivision 2deleted text end new text begin by dividing
the total number of votes counted for all of the party's candidates for statewide office at the
state general election by the number of those candidates at the electionnew text end .
Minnesota Statutes 2022, section 204D.08, subdivision 6, is amended to read:
The state and county nonpartisan
primary ballot shall be headed "State and County Nonpartisan Primary Ballot." It shall be
printed in the manner provided in the rules of the secretary of state. The names of candidates
for nomination to the supreme court, court of appeals, district court, deleted text begin anddeleted text end all county officesnew text begin ,
all city offices, and all school district officesnew text end shall be placed on this ballot.
No candidate whose name is placed on the state and county nonpartisan primary ballot
shall be designated or identified as the candidate of any political party or in any other manner
except as expressly provided by law.
Minnesota Statutes 2022, section 204D.09, subdivision 2, is amended to read:
At least 46 days before the state primary the county auditor
deleted text begin shalldeleted text end new text begin mustnew text end prepare a sample ballot for each precinct for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state. The names of the candidates
to be voted for in the county deleted text begin shalldeleted text end new text begin mustnew text end be placed on the sample ballots, with the names of
the candidates for each office arranged in the base rotation as determined by section 206.61,
subdivision 5. The county auditor deleted text begin shalldeleted text end new text begin mustnew text end post the sample ballots in a conspicuous place
in the auditor's office deleted text begin and shall cause them to be publisheddeleted text end new text begin .new text end At least one week before the
state primarynew text begin , the county auditor must publish a notice to voters pursuant to section 204D.16new text end
in at least one newspaper of general circulation in the county.
new text begin
This section is effective December 1, 2023, or upon the secretary
of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph
(b), whichever is earlier. The secretary of state must notify the revisor of statutes of the
approval date.
new text end
Minnesota Statutes 2022, section 204D.14, subdivision 1, is amended to read:
The names of candidates for new text begin partisan and new text end nonpartisan
offices on the state general election ballot and the judicial nonpartisan general election ballot
shall be rotated in the manner provided for rotation of names on state partisan primary
ballots by section 204D.08, subdivision 3.
Minnesota Statutes 2022, section 204D.16, is amended to read:
new text begin (a) new text end At least 46 days before the state general election, the county auditor deleted text begin shalldeleted text end new text begin mustnew text end post
sample ballots for each precinct in the auditor's office for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state.
new text begin (b)new text end No earlier than deleted text begin 15deleted text end new text begin 20new text end days and no later than deleted text begin twodeleted text end new text begin tennew text end days before the state general
election the county auditor deleted text begin shalldeleted text end new text begin mustnew text end cause a deleted text begin sample state general election ballotdeleted text end new text begin notice to
votersnew text end to be published in at least one newspaper of general circulation in the county.new text begin The
secretary of state, in collaboration with stakeholders, must design the notice to be published,
including the format and content to be used. The secretary of state, in collaboration with
stakeholders, may modify the content or format of the notice to be used by metropolitan
counties, as defined in section 473.121, subdivision 4. When published, the notice must be
sized so that it comprises a minimum of one full newspaper page.
new text end
new text begin
(c) The notice required by paragraph (b) must, at minimum, include the following:
new text end
new text begin
(1) a statement that the voter's official ballot will have the names of all candidates for
the voter's precinct;
new text end
new text begin
(2) the web address where a voter may view the voter's sample ballot based on the voter's
address;
new text end
new text begin
(3) the county's website where a list of sample ballots for each county precinct may be
viewed;
new text end
new text begin
(4) how a voter may obtain a free copy of a sample ballot specific to the voter's address;
and
new text end
new text begin
(5) contact information for the appropriate local election official, including a phone
number and email address.
new text end
new text begin
The notice may include information about contests on the ballot; names, offices, and party
affiliation, if any, of candidates; polling place locations; poll hours; and absentee voting
information.
new text end
new text begin
(d) For purposes of this section, "stakeholder" means local government election officials
and representatives of the Minnesota Newspaper Association.
new text end
new text begin
This section is effective December 1, 2023, or upon the secretary
of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph
(b), whichever is earlier. The secretary of state must notify the revisor of statutes of the
approval date.
new text end
Minnesota Statutes 2022, section 204D.19, subdivision 2, is amended to read:
Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the deleted text begin 40thdeleted text end new text begin 54thnew text end day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so that
the individual elected as provided by this section could take office and exercise the duties
of the office immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as
soon as possible, consistent with the notice requirements of section 204D.22, subdivision
3, but in no event more than deleted text begin 35deleted text end new text begin 49new text end days after the issuance of the writ. deleted text begin A special election
deleted text end deleted text begin must not be held during the four days before or the four days after a holiday as defined in
deleted text end deleted text begin section deleted text end deleted text begin 645.44, subdivision 5deleted text end deleted text begin .
deleted text end
Minnesota Statutes 2022, section 204D.22, subdivision 3, is amended to read:
The county auditor of a county in which a special
election is to be held shall direct the clerk of each municipality in which the election is to
be held to post a notice of the special primary and special election at least deleted text begin sevendeleted text end new text begin 14new text end days
before the special primary and at least deleted text begin 14deleted text end new text begin 21new text end days before the special election in the manner
provided in sections 204B.33 and 204B.34. If the special primary is to be held deleted text begin 14deleted text end new text begin 21new text end days
before the special election, a single notice of both elections may be posted seven days before
the primary.
When the special primary or special election is to be held on the same day as any other
election, notice of the special primary or special election may be included in the notice of
the other election, if practicable.
Minnesota Statutes 2022, section 204D.23, subdivision 2, is amended to read:
Except as provided in subdivision 3, the affidavits and petitions
shall be filed no later than deleted text begin 14deleted text end new text begin 21new text end days before the special primary.
Minnesota Statutes 2022, section 204D.25, subdivision 1, is amended to read:
Except as provided in subdivision 2, the county auditor deleted text begin shalldeleted text end new text begin mustnew text end
prepare separate ballots for a special primary and special election as required by sections
204D.17 to 204D.27. The ballots deleted text begin shalldeleted text end new text begin mustnew text end be headed "Special Primary Ballot" or "Special
Election Ballot" as the case may be, followed by the date of the special primary or special
election. Immediately below the title of each office to be filled deleted text begin shalldeleted text end new text begin mustnew text end be printed the
words "To fill vacancy in term expiring ..........," with the date of expiration of the term and
any other information that is necessary to distinguish the office from any other office to be
voted upon at the same election. For a special primary or special election, the instructions
to voters may use the singular form of the word when referring to candidates and offices
when only one office is to be filled at the special election. Otherwise the form of the ballots
deleted text begin shalldeleted text end new text begin mustnew text end comply as far as practicable with the laws relating to ballots for state primaries
and state general elections. The county auditor deleted text begin shalldeleted text end new text begin mustnew text end post a sample of each ballot in
the auditor's office as soon as prepared and not later than four days before the special primary
or special election. Publication of the deleted text begin sample ballotdeleted text end new text begin notice to voters pursuant to section
204D.16new text end for a special primary or special election is not required.
new text begin
This section is effective December 1, 2023, or upon the secretary
of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph
(b), whichever is earlier. The secretary of state must notify the revisor of statutes of the
approval date.
new text end
Minnesota Statutes 2022, section 205.13, subdivision 5, is amended to read:
A nominating petition filed on
behalf of a candidate for municipal office in a city of the first class shall be signed by eligible
voters who deleted text begin residedeleted text end new text begin maintain residencenew text end in the election district from which the candidate is to
be elected. The number of signers shall be at least 500, or two percent of the total number
of individuals who voted in the municipality, ward, or other election district at the last
preceding municipal general election, whichever is greater.
Minnesota Statutes 2022, section 205.16, subdivision 2, is amended to read:
For every municipal election, the municipal clerk
deleted text begin shalldeleted text end new text begin mustnew text end , at least two weeks before the election, publish a deleted text begin sample ballotdeleted text end new text begin notice to voters
pursuant to section 204D.16new text end 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.
new text begin
This section is effective December 1, 2023, or upon the secretary
of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph
(b), whichever is earlier. The secretary of state must notify the revisor of statutes of the
approval date.
new text end
Minnesota Statutes 2022, section 205.175, subdivision 3, is amended to read:
The governing body of a municipality other than a
municipality described in subdivision 2, may by resolution adopted prior to giving notice
of the election, designate the time, in addition to the minimum voting hours provided in
subdivision 1, during which the polling places will remain open for voting at the next
succeeding and all subsequent municipal elections. The resolution shall remain in force
until it is revoked by the municipal governing body or changed because of request by voters
as provided in this subdivision. If a petition requesting longer voting hours, signed by a
number of voters equal to 20 percent of the votes cast at the last municipal election, is
presented to the municipal clerk no later than 30 days prior to the municipal election, then
the polling places for that election shall open at 10:00 a.m. and close at 8:00 p.m. The
municipal clerk shall give ten days' notice of the changed voting hours and notify the county
auditor new text begin and secretary of state new text end of the change. Municipalities covered by this subdivision shall
certify their election hours to the county auditor in January of each year.
Minnesota Statutes 2022, section 205A.09, subdivision 2, is amended to read:
At a school district election in a school district other
than one described in subdivision 1, the school board, by resolution adopted before giving
notice of the election, may designate the time during which the polling places will remain
open for voting at the next succeeding and all later school district elections. All polling
places must be open between the hours of 5:00 p.m. and 8:00 p.m. The resolution must
remain in force until it is revoked by the school board or changed because of request by
voters as provided in this subdivision. If a petition requesting longer voting hours, signed
by a number of voters equal to 20 percent of the votes cast at the last school district election,
is presented to the school district clerk no later than 30 days before a school district election,
then the polling places for that election must open at 10:00 a.m. and close at 8:00 p.m. The
school district clerk must give ten days' published notice and posted notice of the changed
voting hours and notify appropriate county auditors new text begin and the secretary of state new text end of the change.
Minnesota Statutes 2022, section 205A.10, subdivision 5, is amended to read:
For the purpose of a recount of a special
election conducted under section 126C.17, subdivision 9, or 475.59, the school district
canvassing board shall consist of one member of the school board other than the clerk,
selected by the board, the clerk of the school board, the county auditor of the county in
which the greatest number of school district residents deleted text begin residedeleted text end new text begin maintain residencenew text end , the court
administrator of the district court of the judicial district in which the greatest number of
school district residents deleted text begin residedeleted text end new text begin maintain residencenew text end , and the mayor or chair of the town board
of the school district's most populous municipality. Any member of the canvassing board
may appoint a designee to appear at the meeting of the board, except that no designee may
be a candidate for public office. If one of the individuals fails to appear at the meeting of
the canvassing board, the county auditor shall appoint an eligible voter of the school district,
who must not be a member of the school board, to fill the vacancy. Not more than two
school board members shall serve on the canvassing board at one time. Four members
constitute a quorum.
The school board shall serve as the school district canvassing board for the election of
school board members.
Minnesota Statutes 2022, section 205A.12, subdivision 5, is amended to read:
If the proposal for the establishment of election districts is
approved by the voters, the board shall specify the election districts from which vacancies
shall be filled as they occur until such time as each board member represents an election
district. A candidate for school board in a subsequent election must file an affidavit of
candidacy to be elected as a school board member for the election district in which the
candidate deleted text begin residesdeleted text end new text begin maintains residencenew text end . If there are as many election districts as there are
members of the board, one and only one member of the board shall be elected from each
election district. In school districts where one or more board members are elected by election
districts, candidates must indicate on the affidavit of candidacy the number of the district
from which they seek election or, if appropriate, that they seek election from one of the
offices elected at large. If the election districts have two or three members each, the terms
of the members must be staggered. Each board member must be a resident of the election
district for which elected but the creation of an election district or a change in election
district boundaries shall not disqualify a board member from serving for the remainder of
a term.
Minnesota Statutes 2022, section 206.58, subdivision 1, is amended to read:
new text begin (a) new text end The governing body of a municipality, at a regular
meeting or at a special meeting called for the purpose, may provide for the use of an
electronic voting system in one or more precincts and at all elections in the precincts, subject
to approval by the county auditor. new text begin Once a municipality has adopted the use of an electronic
voting system in one or more precincts, the municipality must continue to use an electronic
voting system for state elections in those precincts. new text end The governing body deleted text begin shalldeleted text end new text begin mustnew text end
disseminate information to the public about the use of a new voting system at least 60 days
prior to the election and deleted text begin shalldeleted text end new text begin mustnew text end provide for instruction of voters with a demonstration
voting system in a public place for the six weeks immediately prior to the first election at
which the new voting system will be used.
deleted text begin No system may be adopted or useddeleted text end new text begin (b) A municipality must not adopt or use a systemnew text end
unless it has been approved by the secretary of state pursuant to section 206.57.
Minnesota Statutes 2022, section 206.58, subdivision 3, is amended to read:
new text begin (a) new text end The governing body of a county may provide for the use of an
electronic voting system in one or more precincts of the county at all elections. new text begin Once a
county has adopted the use of an electronic voting system in one or more precincts, the
county must continue to use an electronic voting system for state elections in those precincts.
new text end The governing body of the municipality deleted text begin shalldeleted text end new text begin mustnew text end give approval before an electronic voting
system may be adopted or used in the municipality under the authority of this section.
deleted text begin No system may be adopted or useddeleted text end new text begin (b) A county must not adopt or use a systemnew text end unless
it has been approved by the secretary of state pursuant to section 206.57.
Minnesota Statutes 2022, section 206.61, subdivision 1, is amended to read:
new text begin (a) new text end 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.
new text begin (b) new text end 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.
new text begin
(c) In precincts using a ballot format as provided by section 206.80, paragraph (b), clause
(2), voters must be provided the option of voting with a regularly printed optical scan ballot.
new text end
Minnesota Statutes 2022, 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; or
(2) creates a deleted text begin marked optical scandeleted text end ballot that can be tabulated in the polling place or at a
counting center by automatic tabulating equipment certified for use in this statenew text begin and the
ballot is:
new text end
new text begin
(i) a marked optical scan ballot; or
new text end
new text begin (ii) 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 electronicallynew text end .
new text begin
(c) The use of multiple ballot formats of electronic voting systems in a jurisdiction is
not a violation of a voter's right to vote in secret, provided that a record of the ballot formats
of electronic voting system used by a voter is not recorded by the election judges or any
other elections official in any form.
new text end
Minnesota Statutes 2022, section 206.83, is amended to read:
deleted text begin Within 14deleted text end new text begin At least threenew text end days before deleted text begin election daydeleted text end new text begin voting equipment is usednew text end , the official
in charge of elections shall have the voting system tested to ascertain that the system will
correctly mark ballots using all methods supported by the system, including through assistive
technology, and count the votes cast for all candidates and on all questions. Public notice
of the time and place of the test must be given at least two days in advance by publication
once in official newspapers. The test must be observed by at least two election judges, who
are not of the same major political party, and must be open to representatives of the political
parties, candidates, the press, and the public. The test must be conducted by (1) processing
a preaudited group of ballots punched or marked to record a predetermined number of valid
votes for each candidate and on each question, and must include for each office one or more
ballot cards which have votes in excess of the number allowed by law in order to test the
ability of the voting system tabulator and electronic ballot marker to reject those votes; and
(2) processing an additional test deck of ballots marked using the electronic ballot marker
for the precinct, including ballots marked using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of the
test, the programs used and ballot cards must be sealed, retained, and disposed of as provided
for paper ballots.
Minnesota Statutes 2022, section 206.845, subdivision 1, is amended to read:
The county auditor and municipal clerk must
secure ballot recording and tabulating systems physically and electronically against
unauthorized access. Except for wired connections within the polling place, ballot recording
and tabulating systems must not be connected to or operated on, directly or indirectly, any
electronic network, including a local area network, a wide-area network, the Internet, or the
World Wide Web. Wireless communications may not be used in any way in a vote recording
or vote tabulating system. Wireless, device-to-device capability is not permitted. No
connection by modem is permitted.
Transfer of information from the ballot recording or tabulating system to another system
for network distribution or broadcast must be made by disk, tape, or other physical means
of communication, other than direct or indirect electronic connection of the vote recording
or vote tabulating system.new text begin A county auditor or municipal clerk may not create or disclose,
or permit any other person to create or disclose, an electronic image of the hard drive of
any vote recording or tabulating system or any other component of an electronic voting
system, except as authorized in writing by the secretary of state or for the purpose of
conducting official duties as expressly authorized by law.
new text end
Minnesota Statutes 2022, section 206.845, is amended by adding a subdivision
to read:
new text begin
After the municipal clerk or county auditor has received
data from automatic tabulating equipment, textual data from the file is public, with the
following exceptions, which are protected nonpublic data under section 13.02:
new text end
new text begin
(1) data that indicate the date, time, or order in which a voter cast a ballot;
new text end
new text begin
(2) data that indicate the method with which a voter cast a ballot;
new text end
new text begin
(3) data files that do not include all ballots cast in a precinct;
new text end
new text begin
(4) data files that provide data in the order it was generated; and
new text end
new text begin
(5) data from precincts in which fewer than ten votes were cast.
new text end
new text begin
Data stored as images are protected nonpublic data under section 13.02.
new text end
Minnesota Statutes 2022, section 206.86, is amended by adding a subdivision
to read:
new text begin
In the event the
results of a precinct are subject to a recount under section 204C.35 or 204C.36, or are subject
to a postelection review under section 206.89, and a ballot format as provided in section
206.80, paragraph (b), clause (2), was used by ten or fewer voters in the precinct, the election
judges from that precinct are not eligible to participate in conducting a recount or postelection
review in that precinct.
new text end
Minnesota Statutes 2022, section 206.90, subdivision 10, is amended to read:
new text begin Notwithstanding section 204C.22, subdivision 4,
new text end in precincts using optical scan voting systems, new text begin the ballot must be marked in the oval or other
target shape opposite the blank when a voter writes an individual's name on the line provided
for write-in votes in order to be counted. new text end The judges shall count the write-in votes and enter
the number of those votes on forms provided for the purpose. When the write-in votes are
recorded on a medium that cannot be examined for write-in votes by the automatic tabulating
equipment or the automatic tabulating equipment does not reject, 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 count, all ballot envelopes or other medium on which
write-in votes have been recorded must be serially numbered, starting with the number one
and the same number must be placed on the ballot card of the voter. The judges shall compare
the write-in votes with the votes cast on the ballot card. If the total number of votes for any
office exceeds the number allowed by law, a notation to that effect must be entered on the
back of the ballot card and the card must be returned to the counting center in an envelope
marked "defective ballots"; however, valid votes on ballot cards containing invalid votes
must be counted as provided in section 206.86, subdivision 5.
When the write-in votes are recorded on ballot cards that can be examined for write-in
votes by the automatic tabulating equipment and the automatic tabulating equipment rejects
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, the judges shall examine the ballot cards with write-in
votes and count the valid write-in votes.
Minnesota Statutes 2022, section 207A.12, is amended to read:
(a) Except as otherwise provided by law, the presidential nomination primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.
(b) An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. The voter must request the
ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section
204C.18, subdivision 1, the election judge must record in the polling place roster the name
of the political party whose ballot the voter requested. When posting voter history pursuant
to section 201.171, the county auditor must include the name of the political party whose
ballot the voter requested. The political party ballot selected by a voter is private data on
individuals as defined under section 13.02, subdivision 12, except as provided in section
201.091, subdivision 4a.new text begin A voter eligible to cast a ballot as provided in section 5B.06 must
be permitted to cast a ballot at the presidential nomination primary consistent with the
requirements of that section.
new text end
(c) Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.
(d) The results of the presidential nomination primary must bind the election of delegates
in each party.
Minnesota Statutes 2022, section 207A.15, subdivision 2, is amended to read:
(a) The secretary of state deleted text begin shalldeleted text end new text begin mustnew text end reimburse
the counties and municipalities for expenses incurred in the administration of the presidential
nomination primary from money contained in the presidential nomination primary elections
account. The following expenses are eligible for reimbursement: preparation and printing
of ballots; postage for absentee ballots; publication of deleted text begin the sample ballotdeleted text end new text begin notice to voters
pursuant to section 204D.16new text end ; preparation of polling places in an amount not to exceed $150
per polling place; preparation of electronic voting systems in an amount not to exceed $100
per precinct; compensation for temporary staff or overtime payments; salaries of election
judges; compensation of county canvassing board members; and other expenses as approved
by the secretary of state.
(b) Within 60 days after the results of a presidential nomination primary are certified
by the State Canvassing Board, the county auditor must submit a request for payment of
the costs incurred by the county for conducting the presidential nomination primary, and
the municipal clerk must submit a request for payment of the costs incurred by the
municipality for conducting the presidential nomination primary. The request for payment
must be submitted to the secretary of state, and must be accompanied by an itemized
description of actual county or municipal expenditures, including copies of invoices. In
addition, the county auditor or municipal clerk must certify that the request for reimbursement
is based on actual costs incurred by the county or municipality in the presidential nomination
primary.
(c) The secretary of state deleted text begin shalldeleted text end new text begin mustnew text end provide each county and municipality with the
appropriate forms for requesting payment and certifying expenses under this subdivision.
The secretary of state must not reimburse expenses unless the request for payment and
certification of costs has been submitted as provided in this subdivision. The secretary of
state must complete the issuance of reimbursements to the counties and municipalities no
later than 90 days after the results of the presidential nomination primary have been certified
by the State Canvassing Board.
new text begin
This section is effective December 1, 2023, or upon the secretary
of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph
(b), whichever is earlier. The secretary of state must notify the revisor of statutes of the
approval date.
new text end
Minnesota Statutes 2022, section 208.05, is amended to read:
The State Canvassing Board at its meeting on the date provided in section 204C.33 shall
open and canvass the returns made to the secretary of state for presidential electors and
alternates, prepare a statement of the number of votes cast for the persons receiving votes
for these offices, and declare the person or persons receiving the highest number of votes
for each office duly electednew text begin , except that if the Agreement Among the States to Elect the
President by National Popular Vote governs the appointment of presidential electors, the
State Canvassing Board shall declare duly elected the candidates for presidential electors
and alternates identified in accordance with the provisions of that agreementnew text end . When it appears
that more than the number of persons to be elected as presidential electors or alternates have
the highest and an equal number of votes, the secretary of state, in the presence of the board
shall decide by lot which of the persons shall be declared electednew text begin , except that if the Agreement
Among the States to Elect the President by National Popular Vote governs the appointment
of presidential electors, no such drawing of lots shall be conductednew text end . The governor shall
transmit to each person declared elected a certificate of election, signed by the governor,
sealed with the state seal, and countersigned by the secretary of state.
new text begin
The Agreement Among the States to Elect the President by National Popular Vote is
enacted into law and entered into with all other states legally joining in it in substantially
the following form:
new text end
new text begin
Article I - Membership
new text end
new text begin
Any state of the United States and the District of Columbia may become a member of
this agreement by enacting this agreement.
new text end
new text begin
Article II - Right of the People in Member States to
Vote for President and Vice President
new text end
new text begin
Each member state shall conduct a statewide popular election for president and vice
president of the United States.
new text end
new text begin
Article III - Manner of Appointing Presidential Electors in Member States
new text end
new text begin
Prior to the time set by law for the meeting and voting by the presidential electors, the
chief election official of each member state shall determine the number of votes for each
presidential slate in each state of the United States and in the District of Columbia in which
votes have been cast in a statewide popular election and shall add such votes together to
produce a national popular vote total for each presidential slate. The chief election official
of each member state shall designate the presidential slate with the largest national popular
vote total as the national popular vote winner. The presidential elector certifying official of
each member state shall certify the appointment in that official's own state of the elector
slate nominated in that state in association with the national popular vote winner. At least
six days before the day fixed by law for the meeting and voting by the presidential electors,
each member state shall make a final determination of the number of popular votes cast in
the state for each presidential slate and shall communicate an official statement of such
determination within 24 hours to the chief election official of each other member state. The
chief election official of each member state shall treat as conclusive an official statement
containing the number of popular votes in a state for each presidential slate made by the
day established by federal law for making a state's final determination conclusive as to the
counting of electoral votes by Congress. In event of a tie for the national popular vote
winner, the presidential elector certifying official of each member state shall certify the
appointment of the elector slate nominated in association with the presidential slate receiving
the largest number of popular votes within that official's own state. If, for any reason, the
number of presidential electors nominated in a member state in association with the national
popular vote winner is less than or greater than that state's number of electoral votes, the
presidential candidate on the presidential slate that has been designated as the national
popular vote winner shall have the power to nominate the presidential electors for that state
and that state's presidential elector certifying official shall certify the appointment of such
nominees. The chief election official of each member state shall immediately release to the
public all vote counts or statements of votes as they are determined or obtained. This article
shall govern the appointment of presidential electors in each member state in any year in
which this agreement is, on July 20, in effect in states cumulatively possessing a majority
of the electoral votes.
new text end
new text begin
Article IV - Other Provisions
new text end
new text begin
This agreement shall take effect when states cumulatively possessing a majority of the
electoral votes have enacted this agreement in substantially the same form and the enactments
by such states have taken effect in each state. Any member state may withdraw from this
agreement, except that a withdrawal occurring six months or less before the end of a
president's term shall not become effective until a president or vice president shall have
been qualified to serve the next term. The chief executive of each member state shall promptly
notify the chief executive of all other states of when this agreement has been enacted and
has taken effect in that official's state, when the state has withdrawn from this agreement,
and when this agreement takes effect generally. This agreement shall terminate if the electoral
college is abolished. If any provision of this agreement is held invalid, the remaining
provisions shall not be affected.
new text end
new text begin
Article V - Definitions
new text end
new text begin
For purposes of this agreement:
new text end
new text begin
(1) "chief election official" means the state official or body that is authorized to certify
the total number of popular votes for each presidential slate;
new text end
new text begin
(2) "chief executive" means the governor of a state of the United States or the mayor of
the District of Columbia;
new text end
new text begin
(3) "elector slate" means a slate of candidates who have been nominated in a state for
the position of presidential elector in association with a presidential slate;
new text end
new text begin
(4) "presidential elector" means an elector for president and vice president of the United
States;
new text end
new text begin
(5) "presidential elector certifying official" means the state official or body that is
authorized to certify the appointment of the state's presidential electors;
new text end
new text begin
(6) "presidential slate" means a slate of two persons, the first of whom has been nominated
as a candidate for president of the United States and the second of whom has been nominated
as a candidate for vice president of the United States, or any legal successors to such persons,
regardless of whether both names appear on the ballot presented to the voter in a particular
state;
new text end
new text begin
(7) "state" means a state of the United States and the District of Columbia; and
new text end
new text begin
(8) "statewide popular election" means a general election in which votes are cast for
presidential slates by individual voters and counted on a statewide basis.
new text end
new text begin
When the Agreement Among the States to Elect the President by National Popular Vote
governs the appointment of presidential electors, the provisions of that agreement shall take
precedence over any conflicting law of this state.
new text end
Minnesota Statutes 2022, section 209.021, subdivision 2, is amended to read:
If the contest relates to a nomination or election for
statewide office, the contestant shall file the notice of contest with the court administrator
of District Court in Ramsey County. For contests relating to any other office, the contestant
shall file the notice of contest with the court administrator of district court in the county
where the contestee deleted text begin residesdeleted text end new text begin maintains residencenew text end .
If the contest relates to a constitutional amendment, the contestant shall file the notice
of contest with the court administrator of District Court in Ramsey County. If the contest
relates to any other question, the contestant shall file the notice of contest with the court
administrator of district court for the county or any one of the counties where the question
appeared on the ballot.
new text begin
For the purposes of this section, "election official" means a
member of a canvassing board, the county auditor or municipal clerk charged with duties
relating to elections, a member of an absentee ballot board, an election judge, an election
judge trainee, or any other individual assigned by a state entity or municipal government
to perform official duties related to elections.
new text end
new text begin
(a) A person may not directly or indirectly use or threaten force,
coercion, violence, restraint, damage, harm, or loss, including loss of employment or
economic reprisal, against another with the intent to influence an election official in the
performance of a duty of election administration.
new text end
new text begin
(b) In a civil action brought to prevent and restrain violations of this subdivision or to
require the payment of civil penalties, the plaintiff may show that the action or attempted
action would cause a reasonable person to feel intimidated. The plaintiff does not need to
show that the defendant intended to cause the victim to feel intimidated.
new text end
new text begin
A person
may not intentionally hinder, interfere with, or prevent an election official's performance
of a duty related to election administration.
new text end
new text begin
(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:
new text end
new text begin
(1) the dissemination poses an imminent and serious threat to the official's safety or the
safety of an official's family or household member; and
new text end
new text begin
(2) the person making the information publicly available knows or reasonably should
know of any imminent and serious threat.
new text end
new text begin
(b) As used in this subdivision, "personal information" means the home address of the
election official or a member of an election official's family, directions to that home, or
photographs of that home.
new text end
new text begin
A person may not intentionally and physically obstruct
an election official's access to or egress from a polling place, meeting of a canvassing board,
place where ballots and elections equipment are located or stored, or any other place where
the election official performs a duty related to election administration.
new text end
new text begin
(a) A person may not access without
authorization, tamper with, or facilitate unauthorized access to or tampering with an electronic
voting system, electromechanical voting equipment, or an election night reporting system
before, during, or after any election required by law.
new text end
new text begin
(b) A person may not knowingly publish or cause to be published passwords or other
confidential information relating to an electronic voting system. In addition to any other
remedies and penalties provided by this section, the secretary of state, county auditor, or
municipal clerk must immediately revoke any authorized access rights of a person found
to be in violation of this paragraph.
new text end
new text begin
A person may not willfully tamper with or open
a ballot box, including a ballot drop box, except for the purpose of conducting official duties
as expressly authorized by law.
new text end
new text begin
Except for the purpose of conducting official duties as expressly
authorized by law, a person may not mutilate or erase any name, figure, or word on a voter
registration list or polling place roster; remove or destroy a registration list or polling place
roster; or mutilate, erase, or remove any part of a list or roster from the place where it has
been deposited with an intention to destroy it, to procure or prevent the election of any
person, or to prevent any voter from voting.
new text end
new text begin
A person may
not knowingly access, or attempt to access, the statewide voter registration system except
for the purpose of conducting official duties as expressly authorized by law.
new text end
new text begin
A person may be held vicariously liable for
any damages resulting from the violation of this section and may be identified in an order
restraining violations of this section if that person:
new text end
new text begin
(1) intentionally aids, advises, hires, counsels, abets, incites, compels, or coerces a person
to violate any provision of this section or attempts to aid, advise, hire, counsel, abet, incite,
compel, or coerce a person to violate any provision of this section; or
new text end
new text begin
(2) conspires, combines, agrees, or arranges with another to either commit a violation
of this section or aid, advise, hire, counsel, abet, incite, compel, or coerce a third person to
violate any provision of this section.
new text end
new text begin
(a) Except as otherwise provided, a person
who violates this section is guilty of a gross misdemeanor.
new text end
new text begin
(b) The attorney general, a county attorney, or an election official may bring a civil
action to prevent or restrain a violation of this section if there is a reasonable basis to believe
that an individual or entity is committing or intends to commit a prohibited act.
new text end
new text begin
(c) The attorney general, or an election official injured by an act prohibited by this
section, may bring a civil action pursuant to section 8.31 to recover damages, together with
costs of investigation and reasonable attorney fees, and receive other equitable relief as
determined by the court. An action brought by an election official under section 8.31,
subdivision 3a, is in the public interest. In addition to all other damages, the court may
impose a civil penalty of up to $1,000 for each violation.
new text end
new text begin
(d) Civil remedies allowable under this section are cumulative and do not restrict any
other right or remedy otherwise available. An action for a penalty or remedy under this
section must be brought within two years of the date the violation is alleged to have occurred.
The complaint process provided in sections 211B.31 to 211B.36 does not apply to violations
of this section.
new text end
new text begin
This section is effective July 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 211B.11, subdivision 1, is amended to read:
new text begin (a) new text end A person deleted text begin may not display campaign
material, post signs,deleted text end new text begin must notnew text end ask, solicit, or in any manner try to induce or persuade a voter
new text begin to vote for or refrain from voting for a candidate or ballot question new text end new text begin (1) new text end within a polling place
deleted text begin ordeleted text end new text begin , (2)new text end within 100 feet of the building in which a polling place is situated, or new text begin (3) new text end anywhere
on the public property on which a polling place is situated, on primary or election day deleted text begin to
vote for or refrain from voting for a candidate or ballot questiondeleted text end .
deleted text begin A person may not provide political badges, political buttons, or other political insignia
to be worn at or about the polling place on the day of a primary or election. A political
badge, political button, or other political insignia may not be worn at or about the polling
place on primary or election day.deleted text end new text begin (b) During voting hours throughout the absentee voting
period and on the day of an election, a person must not wear, exhibit, or distribute in a
polling place, or within 100 feet of a building where a polling place is located, any item
that displays:
new text end
new text begin
(1) the name, likeness, logo, or slogan of a candidate who appears on the ballot;
new text end
new text begin
(2) the number, title, subject, slogan, or logo of a ballot question that appears on the
ballot; or
new text end
new text begin
(3) the name, likeness, logo, or slogan of a political party represented by a candidate on
the ballot.
new text end
new text begin
For purposes of this paragraph, "item" includes pamphlets, advertisements, flyers, signs,
banners, stickers, buttons, badges, pencils, pens, shirts, hats, or any similar item.
new text end
new text begin (c) new text end This section applies to areas established by the county auditor or municipal clerk for
absentee new text begin or earlynew text end voting as provided in chapter 203B.
new text begin
(d) This section applies only during the hours in which a polling place is open for voting.
new text end
new text begin (e) new text end Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as
provided in section 204B.49.
Minnesota Statutes 2022, section 211B.15, subdivision 8, is amended to read:
It is not a violation of this section for a
political party, as defined in section 200.02, subdivision deleted text begin 7deleted text end new text begin 6new text end , to form a nonprofit corporation
for the sole purpose of holding real property to be used exclusively as the party's
headquarters.
Minnesota Statutes 2022, section 211B.20, subdivision 1, is amended to read:
(a) It is unlawful for a person, either directly or indirectly,
to deny access to an apartment house, dormitory, nursing home, manufactured home park,
other multiple unit facility used as a residence, or an area in which two or more single-family
dwellings are located on private roadways to a candidate who has:
(1) organized a campaign committee under applicable federal or state law;
(2) filed a financial report as required by section 211A.02; or
(3) filed an affidavit of candidacy for elected office.
A candidate granted access under this section must be allowed to be accompanied by
campaign volunteers.
(b) Access to a facility or area is only required if it is located within the district or territory
that will be represented by the office to which the candidate seeks election, and the candidate
and any accompanying campaign volunteers seek access exclusively for the purpose of
campaigning for a candidate or registering voters. The candidate must be seeking election
to office at the next general or special election to be held for that office.
(c) A candidate and any accompanying campaign volunteers granted access under this
section must be permitted to new text begin knock on the doors of individual units to speak with residents,
and to new text end leave campaign materials for residents at their doors, except that the manager of a
nursing home may direct that the campaign materials be left at a central location within the
facility. The campaign materials must be left in an orderly manner.
(d) If a facility or area contains multiple buildings, a candidate and accompanying
volunteers must be permitted to access more than one building on a single visit, but access
is limited to only one building at a time. If multiple candidates are traveling together, each
candidate and that candidate's accompanying volunteers is limited to one building at a time,
but all of the candidates and accompanying volunteers traveling together must not be
restricted to accessing the same building at the same time.
(e) A violation of this section is a petty misdemeanor.
Minnesota Statutes 2022, section 211B.32, subdivision 1, is amended to read:
(a) Except as provided in deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (b)new text begin and (c)new text end , a complaint alleging a violation of chapter 211A or 211B must be
filed with the office. The complaint must be finally disposed of by the office before the
alleged violation may be prosecuted by a county attorney.
(b) Complaints arising under those sections and related to those individuals and
associations specified in section 10A.022, subdivision 3, must be filed with the Campaign
Finance and Public Disclosure Board.
new text begin
(c) Violations of section 211B.076 may only be enforced as provided in that section.
new text end
Minnesota Statutes 2022, section 367.03, subdivision 6, is amended to read:
(a) When a vacancy occurs in a town office, the town board shall
fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed
shall hold office until the next annual town election, when a successor shall be elected for
the unexpired term.
(b) When a vacancy occurs in a town office:
(1) with more than one year remaining in the term; and
(2) on or after the 14th day before the first day to file an affidavit of candidacy for the
town election;
the vacancy must be filled by appointment. The person appointed serves until the next annual
town election following the election for which affidavits of candidacy are to be filed, when
a successor shall be elected for the unexpired term.
(c) A vacancy in the office of supervisor must be filled by an appointment committee
comprised of the remaining supervisors and the town clerk.
(d) Any person appointed to fill the vacancy in the office of supervisor must, upon
assuming the office, be an eligible voter, be 21 years of age, and have deleted text begin resideddeleted text end new text begin maintained
residencenew text end in the town for at least 30 days.
(e) When, because of a vacancy, more than one supervisor is to be chosen at the same
election, candidates for the offices of supervisor shall file for one of the specific terms being
filled.
(f) When, for any reason, the town board or the appointment committee fails to fill a
vacancy in the position of an elected town officer by appointment, a special election may
be called. To call a special election, the supervisors and town clerk, or any two of them
together with at least 12 other town freeholders, must file a statement in the town clerk's
office. The statement must tell why the election is called and that the interests of the town
require the election. When the town board or the appointment committee fails to fill a
vacancy by appointment, a special town election may also be called on petition of 20 percent
of the electors of the town. The percentage is of the number of voters at the last general
election. A special town election must be conducted in the manner required for the annual
town election.
(g) Law enforcement vacancies must be filled by appointment by the town board.
Minnesota Statutes 2022, section 447.32, subdivision 4, is amended to read:
A person who wants to be a candidate
for the hospital board shall file an affidavit of candidacy for the election either as member
at large or as a member representing the city or town where the candidate deleted text begin residesdeleted text end new text begin maintains
residencenew text end . The affidavit of candidacy must be filed with the city or town clerk not more
than 98 days nor less than 84 days before the first Tuesday after the first Monday in
November of the year in which the general election is held. The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital district or, for the first election,
the clerk of the most populous city or town immediately after the last day of the filing period.
A candidate may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of
candidacy.
Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,
necessary ballots for the election of officers. Ballots must be prepared as provided in the
rules of the secretary of state. The ballots must be marked and initialed by at least two judges
as official ballots and used exclusively at the election. Any proposition to be voted on may
be printed on the ballot provided for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206. Enough election judges may be
appointed to receive the votes at each polling place. The election judges shall act as clerks
of election, count the ballots cast, and submit them to the board for canvass.
After canvassing the election, the board shall issue a certificate of election to the candidate
who received the largest number of votes cast for each office. The clerk shall deliver the
certificate to the person entitled to it in person or by certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within 30 days after the
date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective
if made before the board acts to fill the vacancy.
new text begin
Minnesota Statutes 2022, section 202A.16,
new text end
new text begin
is
repealed.
new text end
new text begin
Minnesota Statutes 2022, sections 204D.04,
subdivision 1; and 204D.13, subdivisions 2 and 3,
new text end
new text begin
are repealed.
new text end
new text begin
Minnesota Statutes 2022, section 203B.081, subdivision 2,
new text end
new text begin
is repealed effective June 1, 2023.
new text end
new text begin
The secretary of state must certify to the revisor of statutes that the statewide voter
registration system has been tested and shown to properly allow for tracking of the
information required to conduct early voting and can handle the expected volume of use.
As used in this article, "early voting certification" means the certification required by this
section.
new text end
Minnesota Statutes 2022, section 13.607, is amended by adding a subdivision
to read:
new text begin
Any data transferred to the secretary of state regarding
applicants who are determined ineligible to register to vote is governed by section 201.161.
new text end
Minnesota Statutes 2022, section 171.06, subdivision 3, as amended by Laws 2023,
chapter 13, article 1, section 3, is amended to read:
(a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant elects not to specify a Social Security number;
(4) contain a notification to the applicant of the availability of a living will/health care
directive designation on the license under section 171.07, subdivision 7; deleted text begin and
deleted text end
(5) include a method for the applicant to:
(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);
(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c; and
(iv) indicate emergency contacts as provided under section 171.12, subdivision 5bnew text begin ; and
new text end
new text begin (6) meet the requirements under section 201.161, subdivision 3new text end .
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and
(2) a photographic identity document.
(d) A valid Department of Corrections or Federal Bureau of Prisons identification card
containing the applicant's full name, date of birth, and photograph issued to the applicant
is an acceptable form of proof of identity in an application for an identification card,
instruction permit, or driver's license as a secondary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules.
(e) An application form must not provide for identification of (1) the accompanying
documents used by an applicant to demonstrate identity, or (2) except as provided in
paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence
in the United States. The commissioner and a driver's license agent must not inquire about
an applicant's citizenship, immigration status, or lawful presence in the United States, except
as provided in paragraphs (b) and (c).
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.054, subdivision 1, is amended to read:
new text begin (a) new text end An individual may register to vote:
(1) at any time before the 20th day preceding any election as provided in section 201.061,
subdivision 1;
(2) on the day of an election as provided in section 201.061, subdivision 3; or
(3) when submitting an absentee ballot, by enclosing a completed registration application
as provided in section 203B.04, subdivision 4.
new text begin
(b) An individual who is under the age of 18, but who is at least 16 years of age and
otherwise eligible, may submit a voter registration application as provided in section 201.061,
subdivisions 1 and 1b.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.054, subdivision 2, is amended to read:
No individual shall intentionally:
(1) cause or attempt to cause the individual's name to be registered in any precinct if the
individual is not eligible to votenew text begin , except as permitted by section 201.061, subdivision 1bnew text end ;
(2) cause or attempt to cause the individual's name to be registered for the purpose of
voting in more than one precinct;
(3) misrepresent the individual's identity when attempting to register to vote; or
(4) aid, abet, counsel, or procure any other individual to violate this subdivision.
A violation of this subdivision is a felony.
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.061, is amended by adding a subdivision to
read:
new text begin
An individual who is under the age of 18, but who is at least
16 years of age and meets all requirements for eligibility in section 201.014, except for age,
may submit a voter registration application or be automatically registered under section
201.161 at the address in which the voter maintains residence pursuant to subdivision 1.
Nothing in this section shall be construed to entitle an individual to appear on a polling
place roster or cast a ballot at an election if the individual does not meet all eligibility
requirements for voting, including age.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, is amended to read:
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; and voter's signature. 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) deleted text begin will be at least 18 years old on election daydeleted text end new text begin am at least 16 years old and understand
that I must be at least 18 years old to be eligible to votenew text end ;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address 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) deleted text begin Will you be 18 years old on or before election day?deleted text end new text begin 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?new text end "
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
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, is amended to read:
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; new text begin a box to indicate a voter's preference
to join the permanent absentee voter list; new text end and voter's signature. 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) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address 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) Will you be 18 years old on or before election day?"
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
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 201.091, subdivision 4, is amended to read:
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. new text begin 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. new text end The list must not include the party choice of any voter who
voted in a presidential nomination primary. The telephone number must be included on the
list if provided by the voter. The public information list may also include information on
voting districts. The county auditor may adopt reasonable rules governing access to the list.
No individual inspecting the public information list shall tamper with or alter it in any
manner. No individual who inspects the public information list or who acquires a list of
registered voters prepared from the public information list may use any information contained
in the list for purposes unrelated to elections, political activities, or law enforcement. The
secretary of state may provide copies of the public information lists and other information
from the statewide registration system for uses related to elections, political activities, or
in response to a law enforcement inquiry from a public official concerning a failure to
comply with any criminal statute or any state or local tax statute.
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.
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
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.161, is amended to read:
new text begin
(a) Except as otherwise provided in this section,
an individual must be registered to vote if the individual is eligible to vote under section
201.014 and properly completes and submits one of the following applications, if the
application includes documentation or verification of United States citizenship or records
reflect that the applicant provided proof of citizenship during a previous agency transaction:
new text end
new text begin
(1) an application for a new or renewed Minnesota driver's license or identification card;
new text end
new text begin
(2) an initial or renewal application for MinnesotaCare under chapter 256L or medical
assistance under chapter 256B; or
new text end
new text begin
(3) an application for benefits or services to a state agency participating under subdivision
5.
new text end
new text begin
(b) If a registered voter supplies a different name or address as part of an application
under this subdivision from the name and address in the voter registration record, the
registrant's voter registration record must be updated to reflect the name or address
information provided.
new text end
new text begin
Upon receipt of the registration information, the county
auditor must queue for mailing in the statewide voter registration system a notice to the
individual that provides an opportunity to decline the registration. The secretary of state
must promptly mail all notices queued in the statewide voter registration system. An
individual must not be registered if the individual declines to be registered within 20 days
of the date of the mailing of the notice under this section. An otherwise eligible individual
who declines to register must be offered a new registration opportunity with each qualifying
application submitted under subdivision 1. The notice must be drafted to ensure maximum
language access consistent with maintaining readability, and at a minimum must identify a
website where the materials are made available in the ten most common languages for which
translation is needed by voters.
new text end
new text begin (a) new text end The deleted text begin Departmentdeleted text end new text begin commissionernew text end of public
safety deleted text begin shalldeleted text end new text begin , in consultation with the secretary of state, mustnew text end change deleted text begin itsdeleted text end new text begin thenew text end applications for
an original, duplicate, or change of address driver's license or identification card so that deleted text begin the
forms may also serve as voter registration applications. The forms must contain spaces for
all information collected by voter registration applications prescribed by the secretary of
state. Applicants for driver's licenses or identification cards must be asked if they want to
register to vote at the same time and that information must be transmitted at least weeklydeleted text end new text begin
any forms where applicants may provide documentation of United States citizenship contain
spaces for all information required to register to vote, as prescribed by the secretary of state.
Unless the applicant has provided an address other than the applicant's address of residence
under section 171.12, subdivision 7, paragraph (d), the commissioner must transmit the
information dailynew text end by electronic means to the secretary of state. Pursuant to the Help America
Vote Act of 2002, Public Law 107-252, the computerized driver's license record containing
the voter's name, address, date of birth,new text begin citizenship,new text end driver's license number or state
identification number, county, deleted text begin town,deleted text end and citynew text begin or townnew text end must be made available for access by
the secretary of state and interaction with the statewide voter registration system.new text begin The
commissioner must submit data to the secretary of state identifying the total number of
individuals that completed qualifying transactions under this section and the total number
of individuals whose records were ultimately transferred for registration. At a minimum,
the commissioner must submit the data to the secretary of state on the same day each month.
The secretary of state must publish a monthly report of this data.
new text end
new text begin
(b) An applicant's information must not be transmitted to the secretary of state under
this section unless the applicant provides documentation of United States citizenship or
records maintained by the Department of Public Safety indicate that the applicant provided
documentation demonstrating United States citizenship as part of a previous license or
identification card transaction. If the applicant does not provide or has not previously
provided documentation of United States citizenship, the commissioner must provide
information during the transaction regarding voter registration and eligibility criteria. If the
applicant provides documentation during the transaction indicating that the applicant is not
a United States citizen, the applicant's information must not be transmitted to the secretary
of state and the applicant must not be offered a voter registration opportunity.
new text end
new text begin
(c) No applicant may be registered to vote under this subdivision until:
new text end
new text begin
(1) the commissioner of public safety has certified that the department's systems have
been tested and can accurately provide the required data and accurately exclude from
transmission data on individuals who have not provided documentary evidence of United
States citizenship; and
new text end
new text begin
(2) the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to submit a voter registration application.
new text end
new text begin
The department's systems must be tested and accurately provide the necessary data no later
than December 1, 2023.
new text end
new text begin
(d) For purposes of this section, "driver's license" includes any instruction permit,
provisional license, limited license, restricted license, or operator's permit issuable by the
commissioner of public safety under chapter 171.
new text end
new text begin
(a) If permitted by the federal government,
the commissioner of human services, in consultation with the secretary of state, must ensure
the applications described in subdivision 1, paragraph (a), clause (2), also serve as voter
registration applications for applicants 18 years of age or older whose United States
citizenship has been verified as part of the application. The commissioner must transmit
information required to register to vote, as prescribed by the secretary of state, daily by
electronic means to the secretary of state for an individual whose United States citizenship
has been verified. The commissioner must submit data to the secretary of state identifying
the total number of individuals who completed qualifying transactions under this section
and the total number of individuals whose records were ultimately transferred for registration.
At a minimum, the commissioner must submit the data to the secretary of state on the same
day each month.
new text end
new text begin
(b) No applicant may be registered to vote under this subdivision until (1) the
commissioner of human services has certified that the department's systems have been tested
and can accurately provide the required data and accurately exclude from transmission data
on individuals who have not provided documentary evidence of United States citizenship,
and (2) the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to vote. The department's systems must be tested and accurately provide the necessary
data no later than September 30 of the year following the year in which federal approval or
permission is given, contingent on appropriations being available for this purpose.
new text end
new text begin
(a) The commissioner of management
and budget must, in consultation with the secretary of state, identify any other state agency
that is eligible to implement automatic voter registration. The commissioner must consider
a state agency eligible if the agency collects, processes, or stores the following information
as part of providing assistance or services: name, residential address, date of birth, and
citizenship verification. An eligible agency must submit a report to the governor and secretary
of state no later than December 1, 2024, describing steps needed to implement automatic
voter registration, barriers to implementation and ways to mitigate them, and applicable
federal and state privacy protections for the data under consideration. By June 1, 2025, the
governor, at the governor's sole discretion, must make final decisions, as to which agencies
will implement automatic voter registration by December 31, 2025, and which agencies
could implement automatic voter registration if provided with additional resources or if the
legislature changed the law to allow data to be used for automatic voter registration. The
governor must notify the commissioner of management and budget of the governor's
decisions related to automatic voter registration. By October 1, 2025, the commissioner of
management and budget must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over election policy and finance. The report must
include:
new text end
new text begin
(1) the agencies that will implement automatic voter registration by December 31, 2025;
new text end
new text begin
(2) the agencies which could implement automatic voter registration if provided with
additional resources and recommendations on the necessary additional resources; and
new text end
new text begin
(3) the agencies that could implement automatic voter registration if the legislature
changed the law to allow data to be used for voter registration and recommendations on
how the law could be changed to allow the use of the data for this purpose.
new text end
new text begin
(b) An agency may not begin verifying citizenship as part of an agency transaction for
the sole purpose of providing automatic voter registration. Once an agency has implemented
automatic voter registration, it must continue to provide automatic voter registration unless
otherwise expressly required by law. For each individual whose United States citizenship
has been verified, the commissioner or agency head must transmit information required to
register to vote, as prescribed by the secretary of state, to the secretary of state by electronic
means. The governor must determine the frequency of the transmissions for each agency.
new text end
new text begin
(c) No applicant may be registered to vote under this subdivision until (1) the agency's
commissioner or agency head has certified that the necessary systems have been tested and
can accurately provide the required data and accurately exclude from transmission data on
individuals whose United States citizenship has not been verified, and (2) the secretary of
state has certified that the system for automatic registration of those applicants has been
tested and is capable of properly determining whether an applicant is eligible to vote.
new text end
new text begin
(a) The secretary of state must compare all application information
submitted under this section with the information received under section 201.145 to determine
whether an applicant is eligible to vote. If an applicant appears on the list of individuals
who are ineligible to vote, the secretary of state must not process the application further
and must not share the applicant's information with the county for registration. For applicants
who do not appear to be ineligible to vote, the secretary of state must determine whether
the applicant whose information is submitted under this section is currently registered in
the statewide voter registration system.
new text end
new text begin
(b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state must transmit the registration daily by electronic means to the county
auditor of the county where the voter resides.
new text end
new text begin
(c) Any data regarding applicants who the secretary determines are not eligible to vote
are private data on individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
(d) The county auditor must cancel the voter's record in the statewide voter registration
system upon receipt of a written request, signed by the voter, that the registration be removed.
new text end
new text begin
The
transfer of an individual's record under this section does not constitute an attempt to register
to vote or a completion of a voter registration form by that individual. If such a registration
is processed by the state and the individual thereafter attempts to vote or votes, it is presumed
to have been officially authorized by the state and the individual is not subject to any penalty
under this chapter. This subdivision does not apply to an individual who knowingly and
willfully makes a false statement to effectuate voter registration or who intentionally takes
voluntary action to register to vote or vote knowing of the individual's ineligibility to vote.
new text end
new text begin
Unless the applicant declines registration, the
effective date is the date that the county auditor processes the application. This subdivision
does not limit the ability of a person to register to vote on election day as provided in section
201.061, subdivision 3. Any person who submits a qualifying application under subdivision
1 that is dated during the 20 days before an election must be provided, at the time of
application, with a notice advising the applicant of the procedures to register to vote on
election day.
new text end
new text begin
This section is effective July 1, 2023.
new text end
Minnesota Statutes 2022, section 201.162, is amended to read:
The commissioner or chief administrative officer of each state agency or
community-based public agency or nonprofit corporation that contracts with the state agency
to carry out obligations of the state agency shall provide voter registration services for
employees and the publicnew text begin , including, as applicable, automatic voter registration or information
on voter eligibility and registration procedures as required under section 201.161new text end . A person
may complete a voter registration application or apply to change a voter registration name
or address if the person has the proper qualifications on the date of application. Nonpartisan
voter registration assistance, including routinely asking members of the public served by
the agency whether they would like to register to vote and, if necessary, assisting them in
preparing the registration forms must be part of the job of appropriate agency employees.
new text begin
This section is effective July 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.04, subdivision 1, is amended to read:
(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.
For a federal, state, or county election, 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 (b), 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.
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.
(b) 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.
(c) 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.
(d) 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 The absentee ballot applications or a list of persons applying for
deleted text end deleted text begin an absentee ballot may not be made available for public inspection until the close of voting
deleted text end deleted text begin on election day, except as authorized in section deleted text end deleted text begin , and must be available to the public
deleted text end deleted text begin in the same manner as public information lists in section deleted text end deleted text begin 201.091, subdivisions 4deleted text end deleted text begin , 5, and 9.
deleted text end
(e) An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot deleted text begin applicationdeleted text end .
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.04, subdivision 5, is amended to read:
(a) An eligible voter may apply to a county
auditor or municipal clerk to automatically receive an absentee ballot deleted text begin applicationdeleted text end before
each election, other than an election by mail conducted under section 204B.45, and to have
the status as a permanent absentee voter indicated on the voter's registration record. An
eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws in
effect on that date, shall be treated as if the voter applied for status as a permanent absentee
voter pursuant to this subdivision.
(b) A voter who applies under paragraph (a) must automatically be provided an absentee
ballot deleted text begin applicationdeleted text end for each eligible election. A voter's permanent absentee status ends and
automatic ballot deleted text begin applicationdeleted text end delivery must be terminated on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an absentee ballot as undeliverable; or
(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
registration system.
(c) The secretary of state shall adopt rules governing procedures under this subdivision.
new text begin
(d) This subdivision does not apply to a voter residing in a jurisdiction that conducts
elections entirely by mail under section 204B.45.
new text end
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.06, subdivision 1, is amended to read:
Each county auditor and municipal
clerk shall prepare and print a sufficient number of blank application forms for absentee
ballots. The county auditor or municipal clerk shall deliver a blank application form to any
voter who requests one pursuant to section 203B.04. deleted text begin Blank application forms must be mailed
to eligible voters who have requested an application pursuant to section 203B.04, subdivision
5, at least 60 days before:
deleted text end
deleted text begin
(1) each regularly scheduled primary for federal, state, county, city, or school board
office;
deleted text end
deleted text begin
(2) each regularly scheduled general election for city or school board office for which
a primary is not held; and
deleted text end
deleted text begin
(3) a special primary to fill a federal or county office vacancy or special election to fill
a federal or county office vacancy, if a primary is not required to be held pursuant to section
204D.03, subdivision 3, or 204D.07, subdivision 3; and
deleted text end
deleted text begin
(4) any election held in conjunction with an election described in clauses (1) to (3);
deleted text end
deleted text begin
or at least 45 days before any other primary or other election for which a primary is not
held.
deleted text end
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.06, subdivision 3, is amended to read:
(a) new text begin The county auditor, municipal clerk, school district
clerk, or full-time clerk of any city or town administering an election pursuant to section
203B.05, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant
to section 203B.04, subdivision 5, on the following timelines:
new text end
new text begin
(1) except as otherwise provided by this section, at least 46 days before each regularly
scheduled primary and general election and each special primary and special election;
new text end
new text begin
(2) as soon as practicable for a special election held pursuant to section 204D.19,
subdivisions 2 and 3; and
new text end
new text begin
(3) at least 30 days before a town general election held in March.
new text end
new text begin (b) new text end The commissioner of corrections must provide the secretary of state with a list of
the names and mailing addresses of state adult correctional facilities. An application for an
absentee ballot that provides an address included on the list provided by the commissioner
of corrections must not be accepted and an absentee ballot must not be provided to the
applicant. The county auditor or municipal clerk must promptly transmit a copy of the
application to the county attorney. The Department of Corrections must implement procedures
to ensure that absentee ballots issued under this chapter are not received or mailed by
offenders incarcerated at state adult correctional facilities.
deleted text begin (b)deleted text end new text begin (c)new text end If an application for absentee ballots is accepted at a time when absentee ballots
are not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at the
voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been
designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter
who would have difficulty getting to the polls because of incapacitating health reasons, or
who is disabled, or who is a patient in a health care facility, a resident of deleted text begin a facility providingdeleted text end
new text begin annew text end assisted living deleted text begin services governed bydeleted text end new text begin facility licensed undernew text end chapter 144G, a participant
in a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
deleted text begin (c)deleted text end new text begin (d)new text end If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
next election occurring after receipt of the application. Only one set of ballots may be mailed,
shipped, or delivered to an applicant for any election, except as provided in section 203B.121,
subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that
has been spoiled or lost in transit.
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision
to read:
new text begin
The secretary of state must
maintain a list of permanent absentee voters. The list must be available to the public in the
same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text end
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision
to read:
new text begin
The names of voters who
have submitted an absentee ballot application to the county auditor or municipal clerk must
be available to the public in the same manner as public information lists in section 201.091,
subdivisions 4, 5, and 9.
new text end
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.121, subdivision 2, is amended to read:
(a) The members of the ballot board
shall take possession of all signature envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each signature envelope and shall
mark it accepted or rejected in the manner provided in this subdivision. Election judges
performing the duties in this section must be of different major political parties, unless they
are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10,
subdivision 2.
(b) The members of the ballot board shall mark the signature envelope "Accepted" and
initial or sign the signature envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the signature envelope are the same as the information
provided on the absentee ballot applicationnew text begin or voter recordnew text end ;
(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 or has included a properly
completed voter registration application in the signature envelope;
(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 deleted text begin seventhdeleted text end new text begin 19thnew text end day before the election, by absentee ballot.
The signature envelope from accepted ballots must be preserved and returned to the
county auditor.
(c)(1) If a majority of the members of the ballot board examining a signature envelope
find that an absentee voter has failed to meet one of the requirements provided in paragraph
(b), they shall mark the signature envelope "Rejected," initial or sign it below the word
"Rejected," list the reason for the rejection on the envelope, and return it to the county
auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by
this section. Failure to place the ballot within the secrecy envelope before placing it in the
outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and signature envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter deleted text begin bydeleted text end
deleted text begin telephone or emaildeleted text end to notify the voter that the voter's ballot has been rejected. new text begin The ballot
board must contact the voter by the method or methods of communication provided by the
voter on the voter's application for an absentee ballot or voter registration.new text end The official must
document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.
(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.
new text begin
This section is effective June 1, 2024.
new text end
Laws 2023, chapter 12, section 9, is amended to read:
Except as otherwise provided, this act is effective deleted text begin Julydeleted text end new text begin Junenew text end 1, 2023, and applies to the
right to vote at elections conducted on or after that date.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Notwithstanding the requirements of this act or Laws 2023, chapter 12, 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 or by Laws 2023, chapter 12. Beginning on
the effective date of a modification required by this act or by Laws 2023, chapter 12, an
election official must not print, copy, or publicly distribute a blank voter registration
application that does not include the required modification.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
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, voting instructions and sample
ballots must be prepared and made 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. The secretary of state must provide sample ballots in print and
electronic formats and 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 end
new text begin
No later than 90 days before an
election, 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 end
new text begin
(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 ballot must be provided to each precinct in that district during any
regular or special state or local election conducted in that district.
new text end
new text begin
(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 ballot must
be provided to each precinct in that district during any regular or special state or local
election conducted in that district. 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 end
new text begin
The translated voting instructions and
sample ballots required by this section must be made available for use by voters as a reference
when completing and casting an official ballot. In addition to the number of copies required,
at least one sample ballot and set of instructions in each applicable language, along with a
notice written in that language indicating the availability of those materials, must be posted
in a conspicuous location in each polling place.
new text end
new text begin
This section is effective July 1, 2023, and applies to elections
conducted on or after January 1, 2024.
new text end
new text begin
(a) A person may not directly or indirectly use or threaten
force, coercion, violence, restraint, damage, harm, or loss, including loss of employment
or economic reprisal against:
new text end
new text begin
(1) any person with the intent to compel that person to register or abstain from registering
to vote, vote or abstain from voting, or vote for or against a candidate or ballot question; or
new text end
new text begin
(2) any person with the intent to impede that person's efforts to encourage another to
cast a ballot or assist another in registering to vote, traveling to a polling place, casting a
ballot, or participating in any other aspect of the election process.
new text end
new text begin
(b) Notwithstanding paragraph (a), in a civil action brought to prevent and restrain
violations of this subdivision or to require the payment of civil penalties, the plaintiff must
demonstrate that the action or attempted action would cause a reasonable person to feel
intimidated. The plaintiff does not need to show that the defendant intended to cause the
victim to feel intimidated.
new text end
new text begin
(a) No person may, within 60 days of an election, cause
information to be transmitted by any means that the person:
new text end
new text begin
(1) intends to impede or prevent another person from exercising the right to vote; and
new text end
new text begin
(2) knows to be materially false.
new text end
new text begin
(b) The prohibition in this subdivision includes but is not limited to information regarding
the time, place, or manner of holding an election; the qualifications for or restrictions on
voter eligibility at an election; and threats to physical safety associated with casting a ballot.
new text end
new text begin
No person may intentionally hinder,
interfere with, or prevent another person from voting, registering to vote, or aiding another
person in casting a ballot or registering to vote.
new text end
new text begin
A person may be held vicariously liable for
any damages resulting from the violation of this section and may be identified in an order
restraining violations of this section if that person:
new text end
new text begin
(1) intentionally aids, advises, hires, counsels, abets, incites, compels, or coerces a person
to violate any provision of this section or attempts to aid, advise, hire, counsel, abet, incite,
compel, or coerce a person to violate any provision of this section; or
new text end
new text begin
(2) conspires, combines, agrees, or arranges with another to either commit a violation
of this section or aid, advise, hire, counsel, abet, incite, compel, or coerce a third person to
violate any provision of this section.
new text end
new text begin
(a) A person who violates this section is
guilty of a gross misdemeanor.
new text end
new text begin
(b) The attorney general or any person injured by an act prohibited by this section may
bring a civil action to prevent or restrain a violation of this section.
new text end
new text begin
(c) The attorney general, or any person injured by an act prohibited by this section, may
bring a civil action pursuant to section 8.31 to recover damages, together with costs of
investigation and reasonable attorney fees, and receive other equitable relief as determined
by the court. An action brought by any person under section 8.31, subdivision 3a, is in the
public interest. In addition to all other damages, the court may impose a civil penalty of up
to $1,000 for each violation.
new text end
new text begin
(d) Civil remedies allowable under this section are cumulative and do not restrict any
other right or remedy otherwise available. An action for a penalty or remedy under this
section must be brought within two years of the date the violation is alleged to have occurred.
The complaint process provided in sections 211B.31 to 211B.36 does not apply to violations
of this section.
new text end
new text begin
This section is effective June 15, 2023, and applies to violations
occurring on or after that date.
new text end
Minnesota Statutes 2022, section 211B.32, subdivision 1, is amended to read:
(a) Except as provided in deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (b)new text begin and (c)new text end , a complaint alleging a violation of chapter 211A or 211B must be
filed with the office. The complaint must be finally disposed of by the office before the
alleged violation may be prosecuted by a county attorney.
(b) Complaints arising under those sections and related to those individuals and
associations specified in section 10A.022, subdivision 3, must be filed with the Campaign
Finance and Public Disclosure Board.
new text begin
(c) Violations of section 211B.075 may be enforced as provided in that section.
new text end
new text begin
This section is effective the day following final enactment and
applies to violations occurring on or after that date.
new text end
Minnesota Statutes 2022, section 10A.01, subdivision 16a, is amended to read:
"Expressly advocating" means that a communicationnew text begin :
new text end
new text begin (1)new text end clearly identifies a candidate or a local candidate and uses words or phrases of express
advocacynew text begin ; or
new text end
new text begin
(2) when taken as a whole and with limited reference to external events, such as the
proximity to the election, could only be interpreted by a reasonable person as containing
advocacy of the election or defeat of one or more clearly identified candidates because:
new text end
new text begin
(i) the electoral portion of the communication is unmistakable, unambiguous, and
suggestive of only one meaning; and
new text end
new text begin (ii) reasonable minds could not differ as to whether the communication encourages
actions to elect or defeat one or more clearly identified candidates or encourages some other
kind of actionnew text end .
Minnesota Statutes 2022, section 10A.27, subdivision 11, is amended to read:
new text begin (a) new text end A candidate must not
permit the candidate's principal campaign committee to accept a contribution from a political
committee, political fund, lobbyist, or association not registered with the board if the
contribution will cause the aggregate contributions from those types of contributors during
an election cycle segment to exceed an amount equal to 20 percent of the election cycle
segment expenditure limits for the office sought by the candidate, provided that the 20
percent limit must be rounded to the nearest $100.
new text begin
(b) A candidate must not permit the candidate's principal campaign committee to accept
a contribution that is prohibited by section 211B.15.
new text end
new text begin
This section is effective July 1, 2023, and applies to contributions,
expenditures, and other applicable activities occurring on or after that date.
new text end
new text begin
As used in this section, "foreign national" includes:
new text end
new text begin
(1) the government of a country other than the United States;
new text end
new text begin
(2) a political party organized in a country other than the United States; and
new text end
new text begin
(3) an individual who is not a citizen of the United States or a national of the United
States and who is not lawfully admitted for permanent residence in the United States.
new text end
new text begin
(a) A principal campaign committee, political committee, political
fund, party unit, or association not registered with the board must not solicit or receive a
contribution from a foreign national at any time. A foreign national must not make, or
attempt to make, a contribution that a principal campaign committee, political committee,
political fund, party unit, or association not registered with the board is prohibited from
accepting under this section.
new text end
new text begin
(b) A foreign national must not make an expenditure, independent expenditure, or
disbursement for an electioneering communication at any time. A foreign national must not
make a contribution to any other person with the express or implied condition that the
contribution or any part of it be used for any of the purposes prohibited by this section.
new text end
Minnesota Statutes 2022, section 211B.15, subdivision 1, is amended to read:
new text begin (a) new text end For purposes of this section,new text begin the terms defined in this
subdivision have the meanings given. Unless otherwise provided, the definitions in section
10A.01 also apply to this section.
new text end
new text begin
(b) "Chief executive officer" means the highest-ranking officer or decision-making
individual with authority over a corporation's affairs.
new text end
new text begin (c)new text end "Corporation" means:
(1) a corporation organized for profit that does business in this state;
(2) a nonprofit corporation that carries out activities in this state; or
(3) a limited liability company formed under chapter 322C, or under similar laws of
another state, that does business in this state.
new text begin
(d) "Foreign-influenced corporation" means a corporation as defined in paragraph (c),
clause (1) or (3), for which at least one of the following conditions is met:
new text end
new text begin
(1) a single foreign investor holds, owns, controls, or otherwise has direct or indirect
beneficial ownership of one percent or more of the total equity, outstanding voting shares,
membership units, or other applicable ownership interests of the corporation;
new text end
new text begin
(2) two or more foreign investors in aggregate hold, own, control, or otherwise have
direct or indirect beneficial ownership of five percent or more of the total equity, outstanding
voting shares, membership units, or other applicable ownership interests of the corporation;
or
new text end
new text begin
(3) a foreign investor participates directly or indirectly in the corporation's
decision-making process with respect to the corporation's political activities in the United
States.
new text end
new text begin
The calculation of a person's or entity's ownership interest for purposes of clauses (1) and
(2) must exclude any portion of the person's or entity's direct or indirect beneficial ownership
of equity, outstanding voting shares, membership units, or otherwise applicable ownership
interests of a corporation that are held or owned in a mutual fund based in the United States.
new text end
new text begin
(e) "Foreign investor" means a person or entity that:
new text end
new text begin
(1) holds, owns, controls, or otherwise has direct or indirect beneficial ownership of
equity, outstanding voting shares, membership units, or otherwise applicable ownership
interests of a corporation; and
new text end
new text begin
(2) is a foreign national or a corporation in which a foreign national holds, owns, controls,
or otherwise has directly or indirectly acquired beneficial ownership of equity or voting
shares in an amount that is equal to or greater than 50 percent of the total equity or
outstanding voting shares.
new text end
new text begin
(f) "Foreign national" means:
new text end
new text begin
(1) the government of a country other than the United States;
new text end
new text begin
(2) a political party organized in a country other than the United States; and
new text end
new text begin
(3) an individual who is not a citizen of the United States or a national of the United
States and who is not lawfully admitted for permanent residence in the United States.
new text end
new text begin
Notwithstanding clause (3), an individual who is a resident of Minnesota is not a foreign
national for purposes of this section.
new text end
new text begin
This section is effective January 1, 2024, and applies to
contributions, expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 211B.15, is amended by adding a subdivision to
read:
new text begin
(a) Notwithstanding subdivisions 3 and
4, a foreign-influenced corporation must not:
new text end
new text begin
(1) make an expenditure, or offer or agree to make an expenditure, to promote or defeat
the candidacy of an individual for nomination, election, or appointment to a public office;
new text end
new text begin
(2) make contributions or expenditures to promote or defeat a ballot question, or to
qualify a question for placement on the ballot;
new text end
new text begin
(3) make a contribution to a candidate for nomination, election, or appointment to a
public office or to a candidate's principal campaign committee; or
new text end
new text begin
(4) make a contribution to a political committee, political fund, or political party unit.
new text end
new text begin
(b) A foreign national or foreign-influenced corporation must not make a contribution
or donation to any other person with the express or implied condition that the contribution
or donation or any part of it be used for any of the purposes prohibited by this subdivision.
new text end
new text begin
This section is effective January 1, 2024, and applies to
contributions, expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 211B.15, is amended by adding a subdivision to
read:
new text begin
A corporation as defined
in subdivision 1, paragraph (c), clause (1) or (3), that makes a contribution or expenditure
authorized by subdivision 3 or 4 must submit a certification to the Campaign Finance and
Public Disclosure Board that it was not a foreign-influenced corporation as of the date the
contribution or expenditure was made. The certification must be submitted within seven
business days after the contribution or expenditure is made and must be signed by the
corporation's chief executive officer after reasonable inquiry, under penalty of perjury. If
the activity requiring certification was a contribution to an independent expenditure
committee, the corporation must additionally provide a copy of the certification to that
committee. For purposes of this certification, the corporation shall ascertain beneficial
ownership in a manner consistent with chapter 302A or, if it is registered on a national
securities exchange, as set forth in Code of Federal Regulations, title 17, sections 240.13d-3
and 240.13d-5. The corporation shall provide a copy of the statement of certification to any
candidate or committee to which it contributes, and upon request of the recipient, to any
other person to which it contributes.
new text end
new text begin
This section is effective January 1, 2024, and applies to
contributions, expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 211B.15, subdivision 7b, is amended to read:
An individual or a corporation knowingly violates this
section if, at the time of a transaction, the individual or the corporation knew:
(1) that the transaction causing the violation constituted a contribution under chapter
10A, 211A, or 383B; and
(2) that the contributor was a corporation subject to the prohibitions of subdivision 2new text begin or
4anew text end .
new text begin
This section is effective January 1, 2024, and applies to
contributions, expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 10A.01, subdivision 5, is amended to read:
"Associated business" means an association, corporation,
partnership, limited liability company, limited liability partnership, or other organized legal
entity from which the individualnew text begin or the individual's spousenew text end receives compensation in excess
of $250, except for actual and reasonable expenses, in any month new text begin during the reporting period
new text end as a director, officer, owner, member, partner, employer or employee, or whose securities
the individualnew text begin or the individual's spousenew text end holds worth more than $10,000 at fair market value.
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin
"Designated lobbyist" means the lobbyist responsible
for reporting the lobbying disbursements and activity of the entity the lobbyist represents.
new text end
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin
"General lobbying category" means an area of
interest for lobbying for an entity that is on a list of categories specified by the board.
new text end
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin
"Legislative action" means any of the following:
new text end
new text begin
(1) the development of prospective legislation, including the development of amendment
language to prospective legislation;
new text end
new text begin
(2) the review, modification, adoption, or rejection by a member of the legislature or an
employee of the legislature, if applicable, of any (i) bill, (ii) amendment, (iii) resolution,
(iv) confirmation considered by the legislature, or (v) report;
new text end
new text begin
(3) the development of, in conjunction with a constitutional officer, prospective legislation
or a request for support or opposition to introduced legislation; and
new text end
new text begin
(4) the action of the governor in approving or vetoing any act of the legislature or portion
of an act of the legislature.
new text end
Minnesota Statutes 2022, section 10A.01, subdivision 21, is amended to read:
(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 deleted text begin metropolitan governmental unitdeleted text end new text begin political subdivisionnew text end , by communicating
or urging others to communicate 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 deleted text begin between two third partiesdeleted text end new text begin if the
individual's job duties include offering direct or indirect consulting or advice that helps the
business provide those services to clientsnew text end ; or
(2) who spends more than deleted text begin $250deleted text end new text begin $3,000 of the individual's personal fundsnew text end , 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
deleted text begin metropolitan governmental unitdeleted text end new text begin political subdivisionnew text end , by communicating or urging others
to communicate 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 deleted text begin metropolitan governmental unitdeleted text end new text begin political subdivisionnew text end 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 deleted text begin metropolitan governmental
unitdeleted text end new text begin political subdivisionnew text end , and related research, analysis, and compilation and dissemination
of information relating to legislative or administrative policy in this state, or to the policies
of deleted text begin metropolitan governmental unitsdeleted text end new text begin political subdivisionsnew text end ;
(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; or
(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 claim.
(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.
Minnesota Statutes 2022, section 10A.01, subdivision 26, is amended to read:
(a) "Noncampaign disbursement" means a
purchase or payment of money or anything of value made, or an advance of credit incurred,
or a donation in kind received, by a principal campaign committee for any of the following
purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment,
and facility rental for a fundraising event;
(6) services for a constituent by a member of the legislature or a constitutional officer
in the executive branch as provided in section 10A.173, subdivision 1;
(7) payment for food and beverages consumed by a candidate or volunteers while they
are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting
directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus
in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for serving
in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will
no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements
in the news media mailed or published prior to the end of the election cycle;
(17) the cost of campaign material purchased to replace defective campaign material, if
the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact
information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national
convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being
for any purpose other than to influence the nomination or election of a candidate or to
promote or defeat a ballot question;
(23) costs paid to a third party for processing contributions made by a credit card, debit
card, or electronic check;
(24) a contribution to a fund established to support a candidate's participation in a recount
of ballots affecting that candidate's election;
(25) costs paid by a candidate's principal campaign committee for a single reception
given in honor of the candidate's retirement from public office after the filing period for
affidavits of candidacy for that office has closed;
(26) a donation from a terminating principal campaign committee to the state general
fund;
(27) a donation from a terminating principal campaign committee to a county obligated
to incur special election expenses due to that candidate's resignation from state office; deleted text begin and
deleted text end
(28) during a period starting January 1 in the year following a general election and ending
on December 31 of the year of general election, total payments of up to $3,000 for security
expenses for a candidate, including home security hardware, maintenance of home security
hardware, identity theft monitoring services, and credit monitoring servicesdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(29) costs to support a candidate's principal campaign committee's participation in a
recount of ballots affecting that candidate's election;
new text end
new text begin
(30) costs of running a transition office for a winning state constitutional office candidate
during the first three months after election; and
new text end
new text begin
(31) costs paid to repair or replace campaign property that is documented to have been
lost, damaged, or stolen, including but not limited to campaign lawn signs.
new text end
(b) The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.
(c) A noncampaign disbursement is considered to be made in the year in which the
candidate made the purchase of goods or services or incurred an obligation to pay for goods
or services.
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin
"Official action of a political
subdivision" means any action that requires a vote or approval by one or more elected local
officials while acting in their official capacity; or an action by an appointed or employed
local official to make, to recommend, or to vote on as a member of the governing body,
major decisions regarding the expenditure or investment of public money.
new text end
Minnesota Statutes 2022, section 10A.01, subdivision 30, is amended to read:
"Political party unit" or "party unit" means
the state committee deleted text begin ordeleted text end new text begin ,new text end the party organization within a house of the legislature, deleted text begin congressional
district, county, legislative district, municipality, or precinctdeleted text end new text begin or any other party organization
designated by the chair of the political party in an annual certification of party units provided
to the boardnew text end .
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin
"Specific subject of interest" means a particular
topic or area of lobbying interest within a general lobbying category.
new text end
Minnesota Statutes 2022, section 10A.022, subdivision 3, is amended to read:
(a) The board may investigate
any alleged or potential violation of this chapter. The board may also investigate an alleged
or potential violation of section 211B.04, 211B.12, or 211B.15 by or related to a candidate,
treasurer, principal campaign committee, political committee, political fund, or party unit,
as those terms are defined in this chapter. The board may only investigate an alleged violation
if the board:
(1) receives a written complaint alleging a violation;
(2) discovers a potential violation as a result of an audit conducted by the board; or
(3) discovers a potential violation as a result of a staff review.
(b) When the board investigates the allegations made in a written complaint and the
investigation reveals other potential violations that were not included in the complaint, the
board may investigate the potential violations not alleged in the complaint only after making
a determination under paragraph (d) that probable cause exists to believe a violation that
warrants a formal investigation has occurred.
(c) Upon receipt of a written complaint filed with the board, the board chair or another
board member designated by the chair shall promptly make a determination as to whether
the complaint alleges a prima facie violation. If a determination is made that the complaint
does not allege a prima facie violation, the complaint shall be dismissed without prejudice
and the complainant and the subject of the complaint must be promptly notified of the
reasons the complaint did not allege a prima facie violation. The notice to the subject of the
complaint must include a copy of the complaint. If the complainant files a revised complaint
regarding the same facts and the same subject, the prima facie determination must be
completed by a board member other than the member who made the initial determination
and who does not support the same political party as the member who made the initial
determination. The chair may order that the prima facie determination for any complaint
be made by the full board and must order that the prima facie determination for a complaint
being submitted for the third time be made by the full board.
(d) If a determination is made that the complaint alleges a prima facie violation, the
board shall, within deleted text begin 45deleted text end new text begin 60new text end days of the prima facie determination, make findings and
conclusions as to whether probable cause exists to believe the alleged violation that warrants
a formal investigation has occurred. Any party filing a complaint and any party against
whom a complaint is filed must be given an opportunity to be heard by the board prior to
the board's determination as to whether probable cause exists to believe a violation that
warrants a formal investigation has occurred.
(e) Upon a determination by the board that probable cause exists to believe a violation
that warrants a formal investigation has occurred, the board must undertake an investigation
under subdivision 2 and must issue an order at the conclusion of the investigation, except
that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either
enter a conciliation agreement or make public findings and conclusions as to whether a
violation has occurred and must issue an order within 60 days after the probable cause
determination has been made. Prior to making findings and conclusions in an investigation,
the board must offer the subject of the complaint an opportunity to answer the allegations
of the complaint in writing and to appear before the board to address the matter. The deadline
for action on a written complaintnew text begin , including but not limited to issuance of a probable cause
determination in accordance with paragraph (d), entering into a conciliation agreement, or
issuance of public findingsnew text end may be extended by majority vote of the board.
Minnesota Statutes 2022, section 10A.025, subdivision 4, is amended to read:
Material changes in information previously submitted
and corrections to a report or statement must be reported in writing to the board within ten
days following the date of the event prompting the change or the date upon which the person
filing became aware of the inaccuracy. The change or correction must identify the form and
the paragraph containing the information to be changed or corrected.new text begin A request from the
board to a lobbyist to provide more detailed information about a specific subject of interest
disclosed on a lobbyist disbursement report is a change or correction governed by this
subdivision.
new text end
A person who willfully fails to report a material change or correction is subject to a civil
penalty imposed by the board of up to $3,000. A willful violation of this subdivision is a
gross misdemeanor.
The board must send a written notice to any individual who fails to file a report required
by this subdivision. If the individual fails to file the required report within ten business days
after the notice was sent, the board may impose a late filing fee of $25 per day up to $1,000
starting on the 11th day after the notice was sent. The board may send an additional notice
by certified mail to an individual who fails to file a report within ten business days after the
first notice was sent by the board. The certified notice must state that if the individual does
not file the requested report within ten business days after the certified notice was sent, the
individual may be subject to a civil penalty for failure to file a report. An individual who
fails to file a report required by this subdivision within ten business days after the certified
notice was sent by the board is subject to a civil penalty imposed by the board of up to
$1,000.
Minnesota Statutes 2022, section 10A.03, subdivision 2, is amended to read:
The board must prescribe a registration form, which must include:
(1) the name, address, and email address of the lobbyist;
(2) the principal place of business of the lobbyist;
(3) the name and address of each individual, association, political subdivision, or public
higher education system, if any, by whom the lobbyist is retained or employed or on whose
behalf the lobbyist appears;
(4) the website address of each association, political subdivision, or public higher
education system identified under clause (3), if the entity maintains a website; deleted text begin and
deleted text end
(5) deleted text begin adeleted text end new text begin thenew text end general deleted text begin description of the subject or subjectsdeleted text end new text begin lobbying categoriesnew text end on which the
lobbyist expects to lobbydeleted text begin .deleted text end new text begin on behalf of a represented entity; and<