HF 2870

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/07/2025 04:32pm

A bill for an act
relating to elections; making various changes related to election administration;
modifying provisions related to absentee voting; clarifying terminology; amending
Minnesota Statutes 2024, sections 203B.121, subdivision 4; 204B.06, subdivision
1b; 204B.09, subdivisions 1a, 2; 204B.44; repealing Minnesota Statutes 2024,
section 209.06.

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

Section 1.

Minnesota Statutes 2024, section 203B.121, subdivision 4, is amended to read:

Subd. 4.

Opening of envelopes.

new text begin (a) new text end After the close of business on the 19th day before
the election, the ballots from deleted text begin secrecy deleted text end new text begin ballot new text end 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 (b) Accepted signature envelopes must be segregated by precinct and processed in
accordance with this subdivision on a precinct-by-precinct basis. Precincts within a combined
polling place established in section 205A.11, subdivision 2, may be processed together. At
each step, members of the ballot board must notify the official responsible for the ballot
board if there is a discrepancy in any count required by paragraphs (c) to (e) and note the
discrepancy in the ballot board incident log.
new text end

new text begin (c) Before opening accepted signature envelopes, two members of the ballot board must
count and record the number of envelopes and ensure that the count matches either the
number of accepted signature envelopes provided by the official responsible for the ballot
board or the number of signature envelopes accepted by the ballot board that day.
new text end

new text begin (d) Two members of the ballot board must remove the ballots from the ballot envelopes.
The governing body responsible for the ballot board must retain all ballot envelopes through
the contest period of that election.
new text end

new text begin (e) After ballots have been removed from the ballot envelopes, two members of the
ballot board must count and record the number of ballots to ensure the count matches the
number of accepted signature envelopes, accounting for any empty envelopes or spoiled
ballots, which must be noted on the ballot board incident log.
new text end

Sec. 2.

Minnesota Statutes 2024, section 204B.06, subdivision 1b, is amended to read:

Subd. 1b.

Address, electronic mail address, and telephone number.

(a) An affidavit
of candidacy must state a telephone number where the candidate can be contacted. An
affidavit must also state the candidate's 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. new text begin Except for affidavits of candidacy for (1) judicial office, (2) the
office of county attorney, or (3) county sheriff, new text end an affidavit must also state the candidate's
current 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. When
filing the affidavit, the candidate must present the filing officer with the candidate's valid
driver's license or state identification card that contains the candidate's current address of
residence, or documentation of proof of residence authorized for election day registration
in section 201.061, subdivision 3, paragraph (a), clause (2); clause (3) deleted text begin , item (ii) deleted text end ; or paragraph
(d). new text begin If an original bill is shown, the due date on the bill must be within 30 days before or
after the beginning of the filing period or, for bills without a due date, dated within 30 days
before the beginning of the filing period. new text end If the address on the affidavit and the documentation
do not match, the filing officer must not accept the affidavit. 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) 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 filed 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 either:
(1) a police report has been submitted, an order for protection has been issued, or the
candidate has a reasonable fear in regard to the safety of the candidate or the candidate's
family; or (2) 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.

deleted text begin (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.
deleted text end

Sec. 3.

Minnesota Statutes 2024, section 204B.09, subdivision 1a, is amended to read:

Subd. 1a.

Absent candidates.

(a) A candidate for special district, county, state, or federal
office who will be absent from the state during the filing period may submit a properly
executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in
person to the filing officer. The candidate shall state in writing the reason for being unable
to submit the affidavit during the filing period. The affidavit, filing fee, if any, and petitions
must be submitted to the filing officer during the seven days immediately preceding the
candidate's absence from the state. Nominating petitions may be signed during the 14 days
immediately preceding the date when the affidavit of candidacy is filed.

(b) A candidate for special district, county, state, or federal office who will be absent
from the state during the entire filing period or who must leave the state for the remainder
of the filing period and who certifies to the secretary of state that the circumstances constitute
an emergency and were unforeseen, may submit a properly executed affidavit of candidacy
by facsimile device or by transmitting electronically a scanned image of the affidavit new text begin and
proof of residence required in section 204B.06, subdivision 1b, new text end to the secretary of state
during the filing period. The candidate shall state in writing the specific reason for being
unable to submit the affidavit by mail or by hand during the filing period or in person prior
to the start of the filing period. The affidavit of candidacy, filing fee, if any, and any necessary
petitions must be received by the secretary of state by 5:00 p.m. on the last day for filing.
If the candidate is filing for a special district or county office, the secretary of state shall
forward the affidavit of candidacy, filing fee, if any, and any necessary petitions to the
appropriate filing officer. new text begin Copies of a proof of residence submitted under this subdivision
are private data.
new text end

Sec. 4.

Minnesota Statutes 2024, section 204B.09, subdivision 2, is amended to read:

Subd. 2.

Other elections.

Affidavits of candidacy and nominating petitions for city,
town or other elective offices shall be filed during the time and with the official specified
in chapter 205 or other applicable law or charter, except as provided for a special district
candidate under subdivision 1a. Affidavits of candidacy and applications filed on behalf of
eligible voters for school board office shall be filed during the time and with the official
specified in chapter 205A or other applicable law. Affidavits of candidacy new text begin , including proof
of residence required in section 204B.06, subdivision 1b, new text end and nominating petitions filed
under this subdivision must be submitted by mail or by hand, notwithstanding chapter 325L,
or any other law to the contrary, and must be received by the appropriate official within the
specified time for the filing of affidavits and petitions for the office. new text begin Copies of a proof of
residence submitted by mail are private data.
new text end

Sec. 5.

Minnesota Statutes 2024, section 204B.44, is amended to read:

204B.44 ERRORS AND OMISSIONS; REMEDY.

(a) Any individual may file a petition in the manner provided in this section for the
correction of any of the following errors, omissions, or wrongful acts which have occurred
or are about to occur:

(1) an error or omission in the placement or printing of the name or description of any
candidate or any question on any official ballot, including the placement of a candidate on
the official ballot who is not eligible to hold the office for which the candidate has filed;

(2) any other error in preparing or printing any official ballot;

(3) failure of the chair or secretary of the proper committee of a major political party to
execute or file a certificate of nomination;

(4) any wrongful act, omission, or error of any election judge, municipal clerk, county
auditor, canvassing board or any of its members, the secretary of state, or any other individual
charged with any duty concerning an election.

(b) The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the supreme court in
the case of an election for state or federal office or any judge of the district court in that
county in the case of an election for county, municipal, or school district office. The petitioner
shall serve a copy of the petition on the officer, board or individual charged with the error,
omission, or wrongful act, on all candidates for the office in the case of an election for state,
federal, county, municipal, or school district office, and on any other party as required by
the court. Upon receipt of the petition the court shall immediately set a time for a hearing
on the matter and order the officer, board or individual charged with the error, omission or
wrongful act to correct the error or wrongful act or perform the duty or show cause for not
doing so. In the case of a review of a candidate's eligibility to hold office, the court may
order the candidate to appear and present sufficient evidence of the candidate's eligibility.
The court shall issue its findings and a final order for appropriate relief as soon as possible
after the hearing. Failure to obey the order is contempt of court.

new text begin (c) Any service required by this section on a candidate may be accomplished by electronic
mail sent to the address the candidate provided on their affidavit of candidacy pursuant to
section 204B.06, subdivision 1b, or by any other means permitted by law.
new text end

new text begin (d) If all candidates for an office and the officer, board, or individual charged with the
error, omission, or wrongful act unanimously agree in writing:
new text end

new text begin (1) that an error, omission, or wrongful act occurred; and
new text end

new text begin (2) on the appropriate correction for the error, omission, or wrongful act,
new text end

new text begin then the officer, board, or individual charged with the error, omission, or wrongful act must
correct the error in the manner agreed to without an order from the court. The agreement
must address, at a minimum, how the correction will take place and, if the correction involves
a change to a ballot, how voters who have received or returned an incomplete ballot will
be notified of the change and what, if any, steps voters who have returned an incorrect ballot
can take to receive a corrected replacement ballot.
new text end

new text begin The officer, board, or individual must notify the secretary of state in writing of the error
and proposed correction within one business day of receiving notification of the candidate's
written agreement and must not distribute any ballots reflecting the proposed correction for
two business days unless the secretary of state waives this notice period. Nothing in this
paragraph shall be construed to preclude any person from filing a petition under this section
alleging that the written agreement constitutes an error, omission, or wrongful act that
requires correction by the court.
new text end

new text begin (e) Any candidate for an office who does not enter into an agreement under paragraph
(d) and who does not prevail at any subsequent proceeding involving a petition filed under
this section must pay the costs and disbursements of the prevailing party or parties unless
the court determines that the candidate's position was substantially justified or such costs
and disbursements would impose undue hardship or otherwise be inequitable.
new text end

new text begin (f) Notwithstanding any other provision of this section, an official may correct any
official ballot without order from the court if the ballot is not in compliance with sections
204B.35 to 204B.37 or any rules promulgated under sections 204B.35 to 204B.37.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 209.06, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H2870-1

209.06 INSPECTION OF BALLOTS.

Subdivision 1.

Appointment of inspectors.

After a contest has been instituted, either party may have the ballots inspected before preparing for trial. The party requesting an inspection shall file with the district court where the contest is brought a verified petition, stating that the case cannot properly be prepared for trial without an inspection of the ballots and designating the precincts in which an inspection is desired. A judge of the court in which the contest is pending shall then appoint as many sets of three inspectors for a contest of any office or question as are needed to count and inspect the ballots expeditiously. One inspector must be selected by each of the parties to the contest and a third must be chosen by those two inspectors. If either party neglects or refuses to name an inspector, the judge shall appoint the inspector. The compensation of inspectors is the same as for referees, unless otherwise stipulated.

Subd. 2.

Bond, taxing of costs.

The party applying for the inspection shall file with the court administrator of district court a bond in the sum of $250 if the contest is in a single county. In other cases the bond shall be in a sum set by the court with sureties approved by the court, and conditioned that the party seeking inspection will pay the administrative costs and expenses of the inspection if that party loses the contest.

Subd. 3.

Report of inspectors.

An inspection must be made in the office and in the presence of the legal custodian of the ballots. The inspectors shall recanvass the votes cast for the parties to the contest or the question in issue in accordance with the rules for counting ballots in the Minnesota Election Law. They shall make a written report of the inspection indicating the number of votes cast for each candidate or each side of the question in each precinct where the ballots were inspected and indicating any disputed ballots upon which the inspectors cannot agree.