Minnesota Session Laws - 2026 Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 102--H.F.No. 4240
An act
relating to elections; making various changes related to election administration; modifying provisions related to absentee voting; modifying timelines; prohibiting elected officials and candidates from betting on elections; making technical and clarifying changes; appropriating money;
amending Minnesota Statutes 2024, sections 203B.05, subdivision 1; 203B.06, subdivision 3; 203B.065; 204B.27, subdivision 2; 204C.26, subdivisions 2, 4; 205.185, subdivision 3; 205A.10, subdivision 3; 211B.32, subdivision 1; Minnesota Statutes 2025 Supplement, sections 203B.30, subdivisions 2, 3; 205A.11, subdivision 2; 375.20; proposing coding for new law in Minnesota Statutes, chapter 211B; repealing Minnesota Statutes 2024, section 5.31.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 203B.05, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end The full-time clerk of any city or town shall administer the provisions of sections 203B.04 to 203B.15 and 203B.30 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.121new text begin and the municipality must determine whether the municipality's office will be designated to administer voting under section 203B.081 starting on the 46th day before the election or the 18th day before the electionnew text end .
new text begin (b) new text end 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 and 203B.30 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.
new text begin (c)new text end A clerk may only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 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 deleted text begin municipaldeleted text end clerk who will be administering the provisions of this section and the duties that the clerk will administer.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 2.
Minnesota Statutes 2024, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
(a) 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:
(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;
(2) as soon as practicable for a special election held pursuant to section 204D.19, subdivisions 2 and 3; and
(3) at least 30 days before a town general election held in March.
(b) 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.
(c) 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 4deleted text begin , 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 an assisted living facility licensed under 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 4deleted text end .
(d) 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.
Sec. 3.
Minnesota Statutes 2024, section 203B.065, is amended to read:
203B.065 USING THE REGISTRATION SYSTEM.
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin A clerk administering absentee ballots pursuant to this section must meet the requirements of section 203B.05, subdivision 1. new text end
new text begin Subd. 2. new text end
new text begin Use of the statewide voter registration system. new text end
new text begin (a) new text end Upon accepting an application for a deleted text begin statedeleted text end primary or deleted text begin statedeleted text end general election, the county auditor or municipal clerk shall record in the statewide voter registration system the voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota driver's license or state identification number, or the last four digits of the voter's Social Security number, if provided by the voter. Upon acceptance of an absentee ballot application of a voter who is registered to vote at an address different from the residential address certified on the absentee ballot application, the voter registration record with the previous address shall be challenged. Once the absentee ballot has been transmitted to the voter, the method of transmission and the date of transmission must be recorded.
new text begin (b) new text end Upon receipt of a returned absentee ballot for a deleted text begin statedeleted text end primary or deleted text begin statedeleted text end general election, the county auditor or municipal clerk shall record in the statewide voter registration system that the voter has returned the ballot.
new text begin (c) new text end Upon receipt of notice that the ballot board has accepted or rejected the absentee ballot for a deleted text begin statedeleted text end primary or deleted text begin statedeleted text end general election, the county auditor or municipal clerk shall record in the statewide voter registration system whether the ballot was accepted or rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to the voter, the county auditor or municipal clerk shall record this in the statewide voter registration system.
new text begin (d) new text end The labels provided for envelopes used for transmitting an absentee ballot to and from an applicant for an absentee ballot for a deleted text begin statedeleted text end primary or deleted text begin statedeleted text end general election must contain bar codes generated by the statewide voter registration system to facilitate the recording required under this section. A county auditor or municipal clerk entering information into the statewide voter registration system under this section must include the information provided on the bar code label whenever information is entered into the system.
new text begin (e) The requirements of this section do not apply to a town election held in March, however the system may be used to administer absentee voting in such an election. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective September 1, 2027. new text end
Sec. 4.
Minnesota Statutes 2025 Supplement, section 203B.30, subdivision 2, is amended to read:
Subd. 2.
Voting procedure.
(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 must register and a voter whose name or address has changed must update the voter's registration 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.
(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. new text begin The early voting official must maintain a printed copy of the voter certificate. new text end 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 begin EFFECTIVE DATE. 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 the 85th day after the revisor of statutes receives the certification. new text end
Sec. 5.
Minnesota Statutes 2025 Supplement, section 203B.30, subdivision 3, is amended to read:
Subd. 3.
Processing of ballots.
Each day when early voting occurs, the early voting officials must:
(1) remove and secure ballots cast, noting the date, voting location, and number of ballots cast;
(2) without inspecting the ballots, new text begin using the procedures in section 204C.20, subdivisions 1 to 4, new text end ensure that the number of ballots removed from the ballot box is equal to the number of voter certificates that were signed by voters in subdivision 2, paragraph (b); and
(3) seal and secure all voted and unvoted ballots new text begin and signed voter certificates new text end present in that location at the end of the day.
The 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 begin EFFECTIVE DATE. 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 the 85th day after the revisor of statutes receives the certification. new text end
Sec. 6.
Minnesota Statutes 2024, section 204B.27, subdivision 2, is amended to read:
Subd. 2.
Election law and instructions.
The secretary of state shall prepare and publish a volume containing all state general laws relating to elections. The attorney general shall provide annotations to the secretary of state for this volume. On or before deleted text begin August 1 of every odd-numbereddeleted text end new text begin July 15 of eachnew text end year the secretary of state shall deleted text begin furnish to the county auditors and municipal clerks enough copies of this volume so that each county auditor and municipal clerk will have at least one copy. On or before July 1 of every even-numbered year, the secretary of state shalldeleted text end prepare and make an electronic copy new text begin of this volume new text end available on the office's website. The secretary of state may prepare and transmit to the county auditors and municipal clerks detailed written instructions for complying with election laws relating to the conduct of elections, conduct of voter registration and voting procedures.
Sec. 7.
Minnesota Statutes 2024, section 204C.26, subdivision 2, is amended to read:
Subd. 2.
Summary statements; contents.
new text begin (a) new text end The blank summary statement forms furnished to each precinct shall identify the precinct, ward number if any, city, school district if applicable, or town, date, and kind of election and, under appropriate headings identifying deleted text begin each color ballotdeleted text end , shall contain spaces for the election judges to enter the information required by section 204C.24, subdivision 1.
new text begin (b) new text end Each blank summary statement form shall also contain a certificate to be signed by the election judges stating that the national flag was displayed on a suitable staff during voting hours; that all of the ballots cast were properly piled, checked, and counted; and that the numbers entered by the election judges on the summary statements correctly show the number of votes cast for each candidate and for and against each question.
Sec. 8.
Minnesota Statutes 2024, section 204C.26, subdivision 4, is amended to read:
Subd. 4.
Envelopes for counted ballots.
Each official responsible for printing ballots shall also furnish envelopes to contain those ballots after they have been counted. The envelopes shall be made of heavy paper, printed or marked to distinguish deleted text begin the color ofdeleted text end the ballots to be contained in them. They shall be of convenient size to hold the ballots and shall be furnished at the same time and in the same manner as the ballots.
Sec. 9.
Minnesota Statutes 2024, section 205.185, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
(a) Between the third and deleted text begin tenthdeleted text end new text begin 14thnew text end days after an election, the governing body of a city conducting any election including a special municipal election, or the governing body of a town conducting the general election in November shall act as the canvassing board, canvass the returns, and declare new text begin the candidate duly elected who received the highest number of votes for each municipal office and new text end the results of deleted text begin the electiondeleted text end new text begin any ballot questionsnew text end . The governing body of a town conducting the general election in March shall act as the canvassing board, canvass the returns, and declare new text begin the candidate duly elected who received the highest number of votes for each town office and new text end the results of deleted text begin the electiondeleted text end new text begin any ballot questionnew text end within two days after an election.
(b) After the time for contesting elections has passed, the municipal clerk shall issue a certificate of election to each successful candidate. In case of a contest, the certificate shall not be issued until the outcome of the contest has been determined by the proper court.
(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality shall determine the result by lot. The clerk of the canvassing board shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.
Sec. 10.
Minnesota Statutes 2024, section 205A.10, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
Between the third and deleted text begin tenthdeleted text end new text begin 14thnew text end days after a school district election deleted text begin other than a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59deleted text end , the school board shall canvass the returns and declare new text begin the candidate duly elected who received the highest number of votes for each school district office and new text end the results of deleted text begin the electiondeleted text end new text begin any ballot questionnew text end . new text begin The recounted results of a referendum conducted under section 126C.17, subdivision 9, or 475.59 must be certified by the canvassing board. new text end After the time for contesting elections has passed, the school district clerk shall issue a certificate of election to each successful candidate. If there is a contest, the certificate of election to that office must not be issued until the outcome of the contest has been determined by the proper court. If there is a tie vote, the school board shall determine the result by lot. The clerk shall deliver the certificate of election to the successful candidate by personal service or certified mail. The successful candidate shall file an acceptance and oath of office in writing with the clerk within 30 days of the date of mailing or personal service. A person who fails to qualify prior to the time specified shall be deemed to have refused to serve, but that filing may be made at any time before action to fill the vacancy has been taken. The school district clerk shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.
A school district canvassing board shall perform the duties of the school board according to the requirements of this subdivision for a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59.
Sec. 11.
Minnesota Statutes 2025 Supplement, section 205A.11, subdivision 2, is amended to read:
Subd. 2.
Combined polling place.
(a) When no other election is being held in a school district, the school board may designate combined polling places at which the voters in those precincts may vote in the school district election.
(b) By December 31 of each year, the school board must designate, by resolution, any changes to combined polling places. The combined polling places designated in the resolution are the polling places, unless a change is made in accordance with this paragraph or:
(1) pursuant to section 204B.175; or
(2) because a polling place has become unavailable.
(c) If the school board designates combined polling places pursuant to this subdivision, polling places must be designated throughout the district, taking into account both geographical distribution and population distribution. new text begin At a special election conducted by a school district with boundaries that include more than one county, at least one polling place must be designated within each county in which more than 5,000 of the school district's registered voters reside, calculated as of the district's most recent general election. new text end A combined polling place must be at a location designated for use as a polling place by a county or municipality, except as provided in this paragraph. If the municipality conducts elections by mail balloting pursuant to section 204B.45, the school board may designate a polling place not used by the municipality if the polling place satisfies the requirements in section 204B.16, subdivisions 4 to 7.
(d) In school districts that have organized into separate board member election districts under section 205A.12, a combined polling place for a school general election must be arranged so that it does not include more than one board member election district.
Sec. 12.
new text begin [211B.25] PROHIBITIONS ON ELECTED OFFICIALS AND CANDIDATES BETTING ON ELECTIONS. new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin (a) As used in this section, the following terms have the meanings given. new text end
new text begin (b) "Prediction market" means a system that allows consumers to place a wager on the future outcome of a federal, state, or local election. new text end
new text begin (c) "Wager" means a contract whereby the parties to the contract agree to a gain or loss by one to the other of money, property, or benefit. new text end
new text begin Subd. 2. new text end
new text begin Prohibition; penalty. new text end
new text begin A candidate is guilty of a petty misdemeanor if the candidate places a wager with a prediction market on the outcome of an election in which the candidate is running. new text end
Sec. 13.
Minnesota Statutes 2024, section 211B.32, subdivision 1, is amended to read:
Subdivision 1.
Administrative remedy; exhaustion.
(a) Except as provided in paragraphs (b) and (c), 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.
(c) Violations of sections 211B.075 deleted text begin anddeleted text end new text begin ,new text end 211B.076new text begin , and 211B.25new text end may be enforced as provided in those sections.
Sec. 14.
Minnesota Statutes 2025 Supplement, section 375.20, is amended to read:
375.20 BALLOT QUESTIONS.
If the county board may do an act, incur a debt, appropriate money for a purpose, or exercise any other power or authority, only if authorized by a vote of the people, the question may be submitted at a special or general election, by a resolution specifying the matter or question to be voted upon. If the question is to authorize the appropriation of money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election shall be given as in the case of special elections. If the question submitted is adopted, the board shall pass an appropriate resolution to carry it into effect. In the election the form of the ballot shall be: "Shall (here state the substance of the resolution to be submitted)?, Yes ...... No......,". The county board may call a special county election upon a question to be held deleted text begin withindeleted text end new text begin at leastnew text end 84 days after a resolution to that effect is adopted by the county board. new text begin The special election must be held on a uniform election date established in section 205.10, subdivision 3a. new text end Upon the adoption of the resolution the county auditor shall post and publish notices of the election, as required by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the manner prescribed by sections 204D.20 to 204D.27, so far as practicable.
Sec. 15.
new text begin LAWS 2026, CHAPTER 55, SECTION 1, EFFECTIVE DATE. new text end
new text begin Notwithstanding any law to the contrary, Laws 2026, chapter 55, section 1, is effective retroactively to May 1, 2026, and applies to statements filed on or after May 19, 2026. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 16.
new text begin NOTIFICATION TO ADMINISTER VOTING. new text end
new text begin Notwithstanding Minnesota Statutes, section 203B.05, for a municipality already designated to or that has already given notice of the intent to administer absentee voting, the municipality and county must come to an agreement by June 12, 2026, and notify the secretary of state whether the municipality will administer absentee voting for the 46 days or 18 days before election day in the 2026 state primary. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 17.
new text begin SUPERSEDING EFFECT. new text end
new text begin The amendments made to Minnesota Statutes, section 203B.06, subdivision 3, in this act supersede and prevail over amendments made to Minnesota Statutes, section 203B.06, subdivision 3, in S.F. No. 4760, article 1, section 11, if enacted, regardless of order of enactment. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 18.
new text begin REPEALER. new text end
new text begin Minnesota Statutes 2024, section 5.31, new text end new text begin is repealed. new text end
Presented to the governor May 15, 2026
Official Publication of the State of Minnesota
Revisor of Statutes