HF 992

as introduced - 94th Legislature (2025 - 2026) Posted on 02/17/2025 02:51pm

A bill for an act
relating to elections; authorizing challengers in absentee and early voting polling
places; amending Minnesota Statutes 2024, sections 204C.07; 204C.12, subdivision
1.

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

Section 1.

Minnesota Statutes 2024, section 204C.07, is amended to read:

204C.07 CHALLENGERS.

Subdivision 1.

new text begin Definitions and new text end partisan elections.

new text begin (a) For purposes of this section,
"polling place" means a precinct polling place or any location where a voter may vote early
or cast an in-person absentee ballot during the 18 days before the election as provided in
section 203B.081.
new text end

new text begin (b) new text end At an election to fill partisan offices, the chair of an authorized committee of each
major political party may appoint by written certificate voters from that political party to
act as challengers of voters at deleted text begin the deleted text end new text begin a new text end polling place deleted text begin for each precinct deleted text end . Only one challenger
from each major political party deleted text begin for each precinct deleted text end shall be allowed to remain in deleted text begin the deleted text end new text begin a new text end polling
place at one time.

Subd. 2.

Nonpartisan elections.

At an election to fill nonpartisan offices, each
nonpartisan candidate may appoint by written certificate voters to act as challengers of
voters at deleted text begin the deleted text end new text begin a new text end polling place deleted text begin for each precinct deleted text end . Only one challenger for each candidate shall
be allowed to remain in deleted text begin the deleted text end new text begin a new text end polling place deleted text begin for each precinct deleted text end at one time.

Subd. 3.

Elections on a question.

At an election where a question is to be voted upon
in an election jurisdiction, the appropriate mayor of a city, school board of a school district,
or board of supervisors of a town, upon receiving a written petition signed by at least 25
eligible voters, shall appoint by written certificate one voter for each deleted text begin precinct deleted text end new text begin polling place new text end
in the municipality, or school district if applicable, to act as a challenger of voters in the
polling place deleted text begin for that precinct deleted text end . The petition must be delivered to the clerk of the municipality
or school conducting the election.

Subd. 3a.

Residence requirement.

A challenger must be a resident of this state.
Appointed challengers seeking admission to a polling place to serve in that capacity must
prove their status as a resident of this state by presenting one of the documents listed in
section 201.061, subdivision 3. Challengers new text begin serving in a precinct polling place do not new text end need
deleted text begin not deleted text end new text begin to new text end prove residence in the precinct in which they seek to act as a challenger.

Subd. 4.

Restrictions on conduct.

An election judge must not be appointed as a
challenger. new text begin In a polling place where early voting or absentee voting is conducted, a person
authorized to perform the election duties required by section 203B.081, subdivision 3, must
not be appointed as a challenger. new text end The election judges new text begin or persons authorized to perform the
election duties required by section 203B.081, subdivision 3, new text end must permit challengers
appointed pursuant to this section to be present in the polling place during the hours of
voting deleted text begin and deleted text end new text begin . On election day, challengers must be allowed new text end to remain there until the votes are
counted and the results declared. new text begin Prior to election day, challengers must be allowed to remain
in the polling place until the ballots have been secured at the close of voting. new text end A challenger
must not handle or inspect registration cards, files, or lists. Challengers must not prepare in
any manner any list of individuals who have or have not voted. They must not attempt to
influence voting in any manner. In accordance with section 204C.12, challengers must not
converse with a voter.

Subd. 5.

Prohibited challenges.

Challengers and the political parties that appointed
them must not compile lists of voters to challenge on the basis of mail sent by a political
party that was returned as undeliverable or if receipt by the intended recipient was not
acknowledged in the case of registered mail. This subdivision applies to any local, state, or
national affiliate of a political party that has appointed challengers, as well as any
subcontractors, vendors, or other individuals acting as agents on behalf of a political party.

A violation of this subdivision is a gross misdemeanor.

Sec. 2.

Minnesota Statutes 2024, section 204C.12, subdivision 1, is amended to read:

Subdivision 1.

new text begin Scope; new text end manner of challenging.

new text begin (a) This section applies to challengers
in polling places as defined in section 204C.07, subdivision 1. A person authorized to
perform the election duties required by section 203B.081, subdivision 3, must perform the
functions required of an election judge by this section.
new text end

new text begin (b) new text end An election judge shall, and an authorized challenger or other voter may, challenge
an individual based on personal knowledge that the individual is not an eligible voter.

Sec. 3. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must codify Minnesota Statutes, section 204C.07, subdivision 1,
paragraph (b), as Minnesota Statutes, section 204C.07, subdivision 1a.
new text end