1.1.................... moves to amend H.F. No. 4411, the second engrossment, as follows:
1.2Page 2, line 27, delete "$3,336,000" and insert "$3,127,000"
1.3Page 2, line 32, delete "$3,075,000" and insert "$3,000,000"
1.4Page 4, after line 17, insert:

1.5    "Sec. 2. Minnesota Statutes 2022, section 204B.35, subdivision 1, is amended to read:
1.6    Subdivision 1. Application. All ballots for every election shall be prepared in accordance
1.7with sections 204B.35 to 204B.44 and chapter chapters 204D and 204E, except for voting
1.8machine ballots or as otherwise provided by law.

1.9    Sec. 3. Minnesota Statutes 2022, section 204C.21, is amended by adding a subdivision to
1.10read:
1.11    Subd. 4. Ranked choice voting election. Notwithstanding the requirements of this
1.12section, the votes cast in a ranked choice voting election must be counted according to the
1.13procedures established in chapter 204E.

1.14    Sec. 4. Minnesota Statutes 2022, section 204D.07, subdivision 3, is amended to read:
1.15    Subd. 3. Exception; certain nonpartisan candidate. If not more than twice the number
1.16of individuals to be elected to a nonpartisan office file for the nomination, their names and
1.17the name of the office shall be omitted from the state and county nonpartisan primary ballot
1.18and the candidates who filed shall be the nominees. For candidates in a nonpartisan ranked
1.19choice voting election, candidates shall be omitted from the state and county primary ballot.

2.1    Sec. 5. [204E.01] APPLICABILITY; AUTHORIZED LOCAL ADOPTION ONLY.
2.2This chapter applies to all elections conducted using ranked choice voting as authorized
2.3by section 204E.03. Except as otherwise provided by this chapter, Minnesota election law
2.4applies to elections conducted using ranked choice voting.

2.5    Sec. 6. [204E.02] DEFINITIONS.
2.6    Subdivision 1. Application. For the purposes of this chapter, the terms defined in this
2.7section have the meanings given them.
2.8    Subd. 2. Active candidate. "Active candidate" means any candidate who has not been
2.9defeated or elected and is not a withdrawn candidate.
2.10    Subd. 3. Batch elimination. "Batch elimination" means a simultaneous defeat of multiple
2.11continuing candidates that have no mathematical chance of being elected.
2.12    Subd. 4. Cast vote record. "Cast vote record" means the tabulatable record of all
2.13aggregated votes produced by a single voter in one voting session. For ballots on which
2.14voters have indicated a write-in choice, the finalized cast vote record indicates whether the
2.15write-in choice was cast for one of the declared write-in candidates, and if so, which one.
2.16    Subd. 5. Duplicate ranking. "Duplicate ranking" means a voter has ranked the same
2.17candidate at multiple rankings for the office being counted.
2.18    Subd. 6. Hand count election. "Hand count election" means an election in which all
2.19tabulation of ballots is done by hand, regardless of whether the ballots are cast in a polling
2.20place or as absentee or mail ballots.
2.21    Subd. 7. Highest continuing ranking. "Highest continuing ranking" means the ranking
2.22on a voter's ballot with the lowest numerical value for a continuing candidate.
2.23    Subd. 8. Inactive ballot. "Inactive ballot" means a ballot that does not count for any
2.24candidate in a given round of tabulation as provided in section 204E.06 or 204E.07.
2.25    Subd. 9. Mathematically impossible to be elected. "Mathematically impossible to be
2.26elected" means:
2.27(1) the candidate cannot be elected because the candidate's surplus votes and current
2.28vote total plus the surplus votes and votes of all other candidates in the current round with
2.29fewer votes or an equal number of votes would not be enough to surpass the candidate with
2.30the next higher current vote total; or
3.1(2) the candidate has a lower current vote total than a candidate who is described by
3.2clause (1).
3.3    Subd. 10. Maximum possible threshold. "Maximum possible threshold" means the
3.4number of votes sufficient for a candidate to be elected under a first ranked choice tabulation
3.5under sections 204E.06 and 204E.07. Maximum possible threshold equals:
3.6(1) the sum of the total ballots cast that include votes, undervotes, skipped rankings, and
3.7overvotes for the office; divided by
3.8(2) the sum of one plus the number of offices to be filled; then
3.9(3) adding one to the result; and
3.10(4) with any fractions disregarded.
3.11    Subd. 11. Multiple-seat election. "Multiple-seat election" means an election in which
3.12two or more seats in an office are to be filled from a single set of candidates on the ballot.
3.13    Subd. 12. Overvote. "Overvote" means a voter has ranked more than one candidate at
3.14the same ranking.
3.15    Subd. 13. Partially defective ballot. "Partially defective ballot" means a ballot that is
3.16defective to the extent that the election judges are unable to determine the voter's intent with
3.17respect to the office being counted.
3.18    Subd. 14. Ranked choice voting. "Ranked choice voting" means an election method in
3.19which voters rank candidates for an office in order of their preference, with each vote
3.20counting for the highest-ranked continuing candidate on each ballot until that candidate has
3.21been elected or defeated as provided in this chapter.
3.22    Subd. 15. Ranked choice voting local election official. "Ranked choice voting local
3.23election official" means the county auditor, school district clerk, or municipal clerk
3.24responsible for duties related to election administration in the applicable jurisdiction. Where
3.25more than one ranked choice voting election jurisdiction is involved, the ranked choice
3.26voting local election official is presumed to be the county auditor if the county has adopted
3.27ranked choice voting. If an overlapping city and school district adopt ranked choice voting,
3.28the municipal clerk is presumed to be the ranked choice voting election official. Nothing
3.29in this subdivision prohibits overlapping jurisdictions from agreeing to an alternative ranked
3.30choice voting election official.
4.1    Subd. 16. Ranked choice voting tabulation center. "Ranked choice voting tabulation
4.2center" means the location where ballots are processed automatically or by hand and are
4.3tabulated.
4.4    Subd. 17. Ranking. "Ranking" means the number assigned by a voter to a candidate to
4.5express the voter's preference for that candidate. Ranking number one is the highest ranking.
4.6A ranking of lower numerical value indicates a greater preference for a candidate than a
4.7ranking of higher numerical value.
4.8    Subd. 18. Repeat candidate ranking. "Repeat candidate ranking" means a voter ranks
4.9the same candidate at multiple rankings for the office being counted.
4.10    Subd. 19. Round. "Round" means an instance of the sequence of voting tabulation steps
4.11established in section 204E.06 or 204E.07.
4.12    Subd. 20. Single-seat election. Single-seat election means an election in which one seat
4.13in an office is to be filled from a single set of candidates on the ballot.
4.14    Subd. 21. Skipped ranking. "Skipped ranking" means a voter has left a ranking blank
4.15and ranks a candidate at a subsequent ranking.
4.16    Subd. 22. Surplus. "Surplus" means the total number of votes cast for an elected
4.17candidate in excess of the threshold.
4.18    Subd. 23. Surplus fraction of a vote. "Surplus fraction of a vote" means the proportion
4.19of each vote to be transferred when a surplus is transferred. The surplus fraction is calculated
4.20by dividing the surplus by the total votes cast for the elected candidate, calculated to four
4.21decimal places, ignoring any remainder.
4.22    Subd. 24. Threshold. "Threshold" means the number of votes sufficient for a candidate
4.23to be elected. In any given single-seat election, the threshold equals: the total votes counted,
4.24during that tabulation round, excluding inactive ballots; divided by two; then adding one;
4.25and disregarding any fractions. In any given multiple-seat election, the threshold equals:
4.26the total votes counted in the first round after removing defective ballots; divided by the
4.27sum of one plus the number of offices to be filled; adding one to the result; and disregarding
4.28any fractions.
4.29    Subd. 25. Totally defective ballot. "Totally defective ballot" means a ballot that is
4.30defective to the extent that election judges are unable to determine the voter's intent for any
4.31office on the ballot.
4.32    Subd. 26. Transfer value. "Transfer value" means the fraction of a vote that a transferred
4.33ballot will contribute to the next ranked continuing candidate on that ballot. The transfer
5.1value of a vote cast for an elected candidate is calculated by multiplying the surplus fraction
5.2of each vote by its current value, calculated to four decimal places, ignoring any remainder.
5.3The transfer value of a vote cast for a defeated candidate is the same as its current value.
5.4    Subd. 27. Transferable vote. "Transferable vote" means a vote or a fraction of a vote
5.5for a candidate who has been either elected or defeated.
5.6    Subd. 28. Undeclared candidate. "Undeclared candidate" means a candidate who does
5.7not file a request within the time required by section 204E.05, subdivision 4, for the
5.8candidate's write-in votes to be counted, and whose name does not otherwise appear on the
5.9ballot.
5.10    Subd. 29. Undervote. "Undervote" means a voter did not rank any candidates for an
5.11office.

5.12    Sec. 7. [204E.03] AUTHORIZATION FOR LOCAL ADOPTION.
5.13(a) After January 1, 2025, or the adoption of administrative rules governing ranked
5.14choice voting by the secretary of state, whichever is later, the following political subdivisions
5.15may adopt, in the manner provided in this section, ranked choice voting as a method of
5.16voting for local offices within the political subdivision:
5.17(1) home rule charter or statutory cities;
5.18(2) school districts; and
5.19(3) counties.
5.20(b) A jurisdiction governed by statute that adopts ranked choice voting may only do so
5.21by a ballot question presented to the voters. A jurisdiction governed by charter may adopt
5.22ranked choice voting by amending its charter. The ranked choice voting method may be
5.23repealed by the same method used for adoption.
5.24(c) Before adopting the use of ranked choice voting for an election held in conjunction
5.25with a statewide election, a jurisdiction must enter into an agreement, or a conditional
5.26agreement if adopting by ballot question, with the county or counties responsible for
5.27administering the jurisdiction's election.
5.28(d) If a home rule charter or statutory city adopts ranked choice voting without an
5.29agreement with the county or counties, the election conducted by ranked choice voting must
5.30not be held in conjunction with a statewide election and the jurisdiction must administer its
5.31own election.
6.1(e) Before a school district can adopt the use of ranked choice voting for an election not
6.2held in conjunction with a statewide election, the district must first enter into an agreement,
6.3or a conditional agreement if adopting by ballot question, with the city or cities within the
6.4district's boundaries responsible for administering any elections conducted not in conjunction
6.5with a statewide election.
6.6(f) A home rule charter jurisdiction that adopts a ranked choice voting system in its
6.7charter may adopt this chapter by reference in an ordinance but is not required to do so.
6.8(g) Ranked choice voting must only be used to elect local offices at a general or special
6.9election.
6.10(h) A jurisdiction that adopts the use of ranked choice voting in local elections must do
6.11so no later than 20 weeks before the state primary or 90 days before the first day for filing
6.12affidavits of candidacy for the office for which ranked choice voting is to be used as the
6.13method of election if the election is not held in conjunction with a state primary or state
6.14general election.
6.15(i) Repeal of ranked choice voting must be no later than 90 days before the first day for
6.16filing affidavits of candidacy for offices for which ranked choice voting is used as the method
6.17of election.
6.18(j) The ranked choice voting local election official must notify the secretary of state and,
6.19if applicable, the county auditor within four weeks following adoption or repeal of ranked
6.20choice voting.

6.21    Sec. 8. [204E.04] BALLOTS IN LOCAL RANKED CHOICE VOTING ELECTIONS.
6.22    Subdivision 1. Ballot format. (a) If there are three or more qualified candidates, a ballot
6.23must allow a voter to rank three candidates for each office in order of preference and must
6.24also allow the voter to add write-in candidates.
6.25(b) A ballot must:
6.26(1) include instructions to voters that clearly indicate how to mark the ballot;
6.27(2) include instructions to voters that clearly indicate how to rank candidates in order
6.28of the voter's preference; and
6.29(3) indicate the number of seats to be elected for each office.
6.30    Subd. 2. Mixed-election method ballots. If elections are held in which ranked choice
6.31voting is used in addition to other methods of voting, the ranked choice voting and nonranked
6.32choice voting elections must be on the same ballot card if possible, with ranked choice
7.1voting and nonranked choice voting portions clearly separated. A jurisdiction may not
7.2deviate from the standard ballot order of federal offices, state offices, or state constitutional
7.3amendments, but may deviate from the standard ballot order for other offices to allow
7.4separation of ranked choice voting and nonranked choice voting elections.
7.5    Subd. 3. Ballot format rules. The secretary of state must adopt rules regarding ranked
7.6choice voting ballot format, consistent with this section. Notwithstanding section 204B.36,
7.7the rules adopted under this subdivision may provide a standard for ballot format that differs
7.8from the standards required by that section.

7.9    Sec. 9. [204E.05] LOCAL RANKED CHOICE VOTING TABULATION CENTER.
7.10    Subdivision 1. Tabulation of votes; generally. The ranked choice voting local election
7.11official must designate one location to serve as the ranked choice voting tabulation center.
7.12If the tabulation includes a manual count of physical ballots, the center must be accessible
7.13to the public for the purpose of observing the vote tabulation. Tabulation of votes must be
7.14conducted as described in sections 204E.06 and 204E.07.
7.15    Subd. 2. Precinct tabulation. In an election where ranked choice voting is used, the
7.16county auditor, municipal clerk, or school district clerk shall deliver one set of summary
7.17statements; all spoiled ballots; and the envelopes containing the ballots to the ranked choice
7.18voting tabulation center as soon as possible after the vote counting is completed and the
7.19election judges have returned materials pursuant to section 204C.27.
7.20    Subd. 3. Notice of recess in count. At any time following receipt of materials under
7.21subdivision 2, the ranked choice voting local election official may declare a recess. Notice
7.22of the recess must include the date, time, and location at which the process of recording and
7.23tabulating votes will resume and the reason for the recess. Notice must be posted on the
7.24local jurisdiction's official bulletin board and on the door of the ranked choice voting
7.25tabulation center. During any recess, all electronic voting data and ballots must be secured.
7.26    Subd. 4. Recording write-in votes. (a) At a time set by the ranked choice voting local
7.27election official, the judges and any other election officials designated by the ranked choice
7.28voting local election official shall convene at the ranked choice voting tabulation center to
7.29examine ballots on which voters have indicated a write-in choice and record the names and
7.30number of votes received by each write-in candidate who submits a request as required by
7.31this subdivision. The number of votes received by write-in candidates who did not file a
7.32request as provided in this subdivision must be recorded as a group by office.
8.1(b) Notwithstanding section 204B.09, subdivision 3, a candidate for a city or school
8.2district office whose election is governed by this chapter and who wants write-in votes for
8.3the candidate to be counted must file a written request with the filing officer not more than
8.4seven days before the election. The filing officer shall provide copies of the form to make
8.5the request. The filing officer shall not accept a written request later than 5:00 p.m. on the
8.6last day for filing a written request.
8.7    Subd. 5. Ranked choice vote tabulation. After all votes have been recorded, and at a
8.8time set by the ranked choice voting local election official, the process of tabulating votes
8.9cast for offices to be elected using the ranked choice method must begin. The counting must
8.10continue until preliminary results for all races are determined, subject to subdivision 3.

8.11    Sec. 10. [204E.06] TABULATION OF VOTES; SINGLE-SEAT LOCAL RANKED
8.12CHOICE VOTING ELECTIONS.
8.13(a) This section applies to a ranked choice voting election in which one seat in an office
8.14is to be filled from a single set of candidates on the ballot. The method of tabulating ranked
8.15choice votes for single-seat elections as described in this section must be known as the
8.16"single-seat single transferable vote" method of tabulation.
8.17(b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
8.18as described in paragraph (c). A first ranked choice tabulation will consist of a first round
8.19only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
8.20votes marked number one. The maximum possible threshold must be determined. If the
8.21vote total for a candidate, other than an undeclared or a declared write-in candidate, is equal
8.22to or greater than the maximum possible threshold, that candidate is declared elected and
8.23the tabulation is complete. If the vote total for no candidate, other than an undeclared or a
8.24declared write-in candidate, is equal to or greater than the maximum possible threshold,
8.25additional rounds must be performed as provided in paragraph (c).
8.26(c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
8.27rounds for each office to be counted. The threshold must be calculated. The sum of all
8.28ranked choice votes for every candidate must be calculated. Each round must proceed
8.29sequentially as follows:
8.30(1) the number of votes cast for each candidate, as indicated by the highest continuing
8.31ranking on each ballot, must be counted. If a candidate, other than an undeclared write-in
8.32candidate, has a vote total that is equal to or greater than the threshold, that candidate is
8.33declared elected and the tabulation is complete. If no candidate, other than an undeclared
9.1write-in candidate, has a vote total that is equal to or greater than the threshold, a new round
9.2begins and the tabulation must continue as described in clause (2);
9.3(2) at the beginning of the second round only, all undeclared candidates must be defeated
9.4and all candidates for whom it is mathematically impossible to be elected may be defeated
9.5simultaneously. For third and subsequent rounds, the candidate with the fewest votes must
9.6be defeated and all candidates for whom it is mathematically impossible to be elected may
9.7be defeated simultaneously. Votes for the defeated candidates must be transferred to each
9.8ballot's next-ranked continuing candidate, except votes for candidates defeated in the final
9.9round are not transferred if, by their defeat, the number of continuing candidates is reduced
9.10to one. If no candidate can be defeated under this clause, the tabulation must continue as
9.11described in clause (3). Otherwise, the tabulation must continue as described in clause (4);
9.12(3) the candidate with the fewest votes is defeated. Votes for the defeated candidate
9.13must be transferred to each ballot's next-ranked continuing candidate, except votes for
9.14candidates defeated in the final round are not transferred if, by their defeat, the number of
9.15continuing candidates is reduced to one. Ties between candidates with the fewest votes must
9.16be resolved by lot by the ranked choice voting local election official. The candidate chosen
9.17by lot must be defeated. The result of the tie resolution must be recorded and reused in the
9.18event of a recount;
9.19(4) the procedures in clauses (1) to (3) must be repeated until one candidate reaches the
9.20threshold. When only one continuing candidate remains, that continuing candidate must be
9.21elected; and
9.22    (5) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
9.23ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
9.24ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
9.25no further continuing candidates are ranked on that ballot, or because the only votes for
9.26further continuing candidates that are ranked on that ballot are either overvotes or repeat
9.27candidate rankings, the ballot shall not count toward any candidate in that round or in
9.28subsequent rounds for the office being counted.

9.29    Sec. 11. [204E.07] TABULATION OF VOTES; MULTIPLE-SEAT LOCAL RANKED
9.30CHOICE VOTING ELECTIONS.
9.31(a) This section applies to a ranked choice voting election in which two or more seats
9.32in office are to be filled from a single set of candidates on the ballot. The method of tabulating
9.33ranked choice votes for multiple-seat elections as described in this section must be known
9.34as the "multiple-seat single transferable vote" method of tabulation.
10.1(b) A first ranked choice tabulation shall be done under this paragraph before a tabulation
10.2as described in paragraph (c). A first ranked choice tabulation will consist of a first round
10.3only. Under the first ranked choice tabulation, the vote total will be the sum of the ranked
10.4votes marked number one. The maximum possible threshold must be determined. If the
10.5number of candidates, other than any undeclared or declared write-in candidate, whose vote
10.6total is equal to or greater than the maximum possible threshold is equal to the number of
10.7seats to be filled, those candidates are declared elected and the tabulation is complete. If
10.8the number of candidates, other than any undeclared or declared write-in candidate, whose
10.9vote total is equal to or greater than the maximum possible threshold is less than the number
10.10of seats to be filled, additional rounds must be performed as provided in paragraph (c).
10.11(c) Tabulation of votes at the ranked choice voting tabulation center must proceed in
10.12rounds for each office to be counted. The threshold must be calculated. The sum of all
10.13ranked choice votes for every candidate must be calculated. Each round must proceed
10.14sequentially as follows:
10.15(1) the number of votes cast for each candidate for the current round must be counted.
10.16If the number of candidates, other than any undeclared write-in candidate, whose vote total
10.17is equal to or greater than the threshold is equal to the number of seats to be filled, those
10.18candidates who are continuing candidates are elected and the tabulation is complete. If the
10.19number of candidates, other than any undeclared write-in candidate, whose vote total is
10.20equal to or greater than the threshold is not equal to the number of seats to be filled, a new
10.21round begins and the tabulation must continue as described in clause (2);
10.22(2) surplus votes for any candidates whose vote total is equal to or greater than the
10.23threshold must be calculated;
10.24(3) the candidate with the largest surplus is declared elected and that candidate's surplus
10.25is transferred. A tie between two or more candidates must be resolved by lot by the ranked
10.26choice voting local election official. The surplus of the candidate chosen by lot must be
10.27transferred before other transfers are made. The result of the tie resolution must be recorded
10.28and reused in the event of a recount. The transfer value of each vote cast for an elected
10.29candidate must be transferred to the next continuing candidate on that ballot. If no candidate
10.30has a surplus, the tabulation must continue as described in clause (4). Otherwise, the
10.31tabulation must continue as described in clause (1);
10.32(4) if there are no transferable surplus votes, the candidate with the fewest votes is
10.33defeated. Votes for a defeated candidate are transferred at their transfer value to each ballot's
10.34next-ranked continuing candidate, except votes for candidates defeated in the final round
11.1are not transferred if, by their defeat, the number of continuing candidates is reduced to the
11.2number of seats yet to be filled. Ties between candidates with the fewest votes must be
11.3resolved by lot by the ranked choice voting local election official, and the candidate chosen
11.4by lot must be defeated. The result of the tie resolution must be recorded and reused in the
11.5event of a recount;
11.6(5) the procedures in clauses (1) to (4) must be repeated until the number of candidates
11.7whose vote total is equal to or greater than the threshold is equal to the number of seats to
11.8be filled, or until the number of continuing candidates is equal to the number of seats yet
11.9to be filled. If the number of continuing candidates is equal to the number of seats yet to be
11.10filled, any remaining continuing candidates must be declared elected; and
11.11    (6) when a skipped ranking, overvote, or repeat candidate ranking is encountered on a
11.12ballot, that ballot shall count toward the highest continuing ranking that is not a skipped
11.13ranking, overvote, or repeat candidate ranking. If any ballot cannot be advanced because
11.14no further continuing candidates are ranked on that ballot, or because the only votes for
11.15further continuing candidates that are ranked on that ballot are either overvotes or repeat
11.16candidate rankings, the ballot shall not count toward any candidate in that round or in
11.17subsequent rounds for the office being counted.

11.18    Sec. 12. [204E.08] LOCAL RANKED CHOICE VOTING ELECTIONS;
11.19REPORTING RESULTS.
11.20(a) In addition to the requirements of section 204C.24, each precinct must print an
11.21additional precinct summary statement, which must include the number of first choices cast
11.22for each candidate in that precinct.
11.23(b) The ranked choice voting local election official must provide a tabulation summary
11.24statement of each contest with the following information:
11.25(1) total votes cast;
11.26(2) number of undervotes;
11.27(3) number of totally defective and spoiled ballots;
11.28(4) threshold calculation;
11.29(5) total first choice rankings for all candidates;
11.30(6) round-by-round tabulation results, including simultaneous batch eliminations, surplus
11.31transfers if applicable, and defeated candidate transfers; and
11.32(7) inactive ballots at each round.
12.1(c) In jurisdictions where ballots are scanned and recorded electronically, the ranked
12.2choice voting local election official must provide an electronically available spreadsheet of
12.3the cast vote record, consistent with the requirements of section 206.845.
12.4(d) The jurisdiction must canvass the election returns pursuant to applicable state statutes
12.5for the election being held, and the canvassing board report must include the information
12.6required in the ranked choice voting tabulation center summary statement, with the addition
12.7of the number of persons registered to vote before election day by precinct, the number of
12.8persons registered on election day by precinct, and the number of accepted regular, military,
12.9and overseas absentee ballots and mail ballots. If the election is held in conjunction with a
12.10state general election, the canvass report must also include the number of federal office only
12.11absentee ballots and, if applicable, the number of presidential absentee ballots.

12.12    Sec. 13. [204E.09] LOCAL RANKED CHOICE ELECTION RECOUNTS.
12.13(a) A candidate defeated in the final round of tabulation may request a recount as provided
12.14in section 204C.361, to the extent applicable. For the purpose of ranked choice voting
12.15recounts, the recount official and filing officer is the ranked choice voting local election
12.16official.
12.17(b) A candidate defeated in the final round of tabulation when the vote difference is
12.18greater than that provided in section 204C.36 may request a recount at the candidate's own
12.19expense. A candidate defeated in an earlier round of tabulation may request a recount at the
12.20candidate's own expense. The candidate is responsible for all expenses associated with the
12.21recount, regardless of the vote difference between the candidates in the round in which the
12.22requesting candidate was defeated. The requesting candidate shall file with the filing officer
12.23a bond, cash, or surety in an amount set by the filing officer for the payment of the recount
12.24expenses. Expenses must be determined as provided in section 204C.36, subdivision 4.
12.25(c) The secretary of state must adopt rules governing recounts conducted under this
12.26section.
12.27(d) At the discretion of the recount official, in the case of a recount under paragraph (a)
12.28or (b) or by the requesting candidates, a recount may commence with the earliest tabulation
12.29round in which any requesting candidate was defeated or any prior round. All other candidates
12.30who, in the initial tabulation, were defeated prior to the round in which the recount starts
12.31may be presumed to have been correctly defeated.

13.1    Sec. 14. [204E.10] LOCAL RANKED CHOICE ELECTIONS; POSTELECTION
13.2REVIEW.
13.3    Subdivision 1. Selection of test date; notice. At the canvass, the ranked choice voting
13.4local election official must select by lot the offices and precincts to be reviewed and set the
13.5date, time, and place for the postelection review, in accordance with section 206.89.
13.6Postelection review is not required for a hand count election.
13.7    Subd. 2. Scope and conduct of test. The postelection review must be conducted in
13.8public and must review a sample of ballots cast for at least one single-seat ranked-choice
13.9voting election and at least one multiple-seat election, if such an election occurred.
13.10    Subd. 3. Review. (a) For each office to be reviewed, the number of precincts selected
13.11for review shall be determined as follows. If the office was voted on in fewer than five
13.12precincts, one precinct shall be selected. If the office was voted on in at least five precincts
13.13and fewer than 50 precincts, two precincts shall be selected. If the office was voted on in
13.14at least 50 precincts and fewer than 100 precincts, three precincts shall be selected. If the
13.15office was voted on in at least 100 precincts, four precincts or three percent of the total
13.16number of precincts in the election shall be selected, whichever is greater.
13.17(b) For each office voted on in a county election, the ranked choice voting local election
13.18official may select precincts as specified in paragraph (a) or use the precincts selected in
13.19accordance with section 206.89.
13.20(c) Using the actual ballots cast in each precinct selected, the judges of the election shall
13.21conduct a hand-count tabulation of how many ballots contain each combination of candidates
13.22across the rankings. All undeclared write-in candidates shall be considered as a group in
13.23this hand count, and blank or overvoted rankings shall be included as such in the tabulated
13.24combinations.
13.25    Subd. 4. Standard of acceptable performance by voting system. A comparison of the
13.26results compiled by the voting system with the cast vote records compiled by the judges of
13.27the election performing the hand count must show that the results of the electronic voting
13.28system differed by no more than the applicable threshold provided in section 206.89,
13.29subdivision 4, from the hand count of the sample tested. Valid votes that have been marked
13.30by the voter outside the vote targets or using a manual marking device that cannot be read
13.31by the voting system must not be included in making the determination whether the voting
13.32system has met the standard of acceptable performance.
13.33    Subd. 5. Additional review if needed. An additional review is required if:
14.1(1) a test reveals a difference greater than the threshold provided in section 206.89,
14.2subdivision 4, in at least one precinct of an office, the ranked choice voting local election
14.3official must immediately, publicly select by lot two additional precincts of the same office
14.4for review. The additional precinct review must be completed within two days after the
14.5precincts are selected and the results immediately reported to the county auditor; and
14.6(2) the additional precinct review indicates a difference in the vote totals that is greater
14.7than the applicable threshold, as provided by section 206.89, subdivision 4, in at least one
14.8additional precinct of an office, the ranked choice voting local election official must conduct
14.9a review of the ballots from all the remaining precincts in the office being reviewed.
14.10This review must be completed no later than two weeks after the canvass.
14.11    Subd. 6. Report of results. Upon completion of the postelection review, the ranked
14.12choice voting local election official must immediately report the results to the county auditor
14.13and make the results available to the public.
14.14    Subd. 7. Update of vote totals. If the postelection review under this section results in
14.15a change in the number of votes counted for any candidate, the revised vote totals must be
14.16incorporated in the official result from those precincts.
14.17    Subd. 8. Effect on voting systems. If a voting system is found to have failed to record
14.18votes accurately and in the manner provided by this chapter, the voting system must not be
14.19used at another election until it has been approved for use by the county auditor, pursuant
14.20to section 206.58. In addition, the county auditor may order the city to conduct a hand
14.21recount of all ballots cast in the election.

14.22    Sec. 15. [204E.11] RULES; LOCAL OPTION RANKED CHOICE VOTING.
14.23The secretary of state must adopt rules necessary to implement the requirements and
14.24procedures established by this chapter.

14.25    Sec. 16. Minnesota Statutes 2022, section 205.13, subdivision 2, is amended to read:
14.26    Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits
14.27of candidacy, the municipal clerk shall publish a notice stating the first and last dates on
14.28which affidavits of candidacy may be filed in the clerk's office and the closing time for
14.29filing on the last day for filing. The clerk shall post a similar notice at least ten days before
14.30the first day to file affidavits of candidacy. If ranked choice voting pursuant to chapter 204E
14.31is to be used, the notice must indicate the method of election to be used for the offices on
14.32the ballot. The notice must separately list any office for which affidavits of candidacy may
15.1be filed to fill the unexpired portion of a term when a special election is being held to fill a
15.2vacancy as provided in section 412.02, subdivision 2a.

15.3    Sec. 17. Minnesota Statutes 2022, section 206.57, is amended by adding a subdivision to
15.4read:
15.5    Subd. 6a. Required certification for ranked choice voting. In addition to the
15.6requirements of this section, a voting system used to administer ranked choice voting under
15.7chapter 204E must provide a test lab report from a voting system test lab accredited by the
15.8Election Assistance Commission or other appropriate federal agency responsible for testing
15.9and certification of compliance with the federal voting systems guidelines at the time of
15.10submission of the application required by subdivision 1. The test lab report must show that
15.11the system is in conformity with voluntary voting system guidelines issued by the Election
15.12Assistance Commission or other appropriate federal agency.

15.13    Sec. 18. [206.802] ELECTRONIC VOTING SYSTEMS; PURCHASING.
15.14A voting system purchased for use in Minnesota to administer ranked choice voting on
15.15or after the effective date of this section must have the ability to:
15.16(1) capture, store, and publicly report ballot data;
15.17(2) to the extent practicable, produce a single human-readable file for each contest on
15.18the ballot containing all cast vote records captured for that contest;
15.19(3) keep data anonymous;
15.20(4) accept ranked or cumulative voting data under a variety of tabulation rules;
15.21(5) be programmable to follow all other specifications of the ranked choice voting system
15.22or be compatible with automatic tabulating equipment or a software reallocation feature ;
15.23(6) provide a minimum of three rankings for ranked choice voting elections;
15.24(7) to the extent practicable, notify voters of the following errors: overvotes, skipped
15.25rankings, and duplicate rankings in a ranked choice voting election; and
15.26(8) be programmable to print a zero tape indicating all rankings for all candidates in a
15.27ranked choice voting election.
15.28EFFECTIVE DATE.This section is effective upon certification by the secretary of
15.29state that equipment meeting the standards required by this section is available for purchase
15.30and implementation.

16.1    Sec. 19. Minnesota Statutes 2023 Supplement, section 206.83, is amended to read:
16.2206.83 TESTING OF VOTING SYSTEMS.
16.3(a) At least three days before voting equipment is used, the official in charge of elections
16.4shall have the voting system tested to ascertain that the system will correctly mark ballots
16.5using all methods supported by the system, including ranked choice voting if applicable,
16.6and through assistive technology, and count the votes cast for all candidates and on all
16.7questions. Public notice of the time and place of the test must be given at least two days in
16.8advance by publication once in official newspapers. The test must be observed by at least
16.9two election judges, who are not of the same major political party, and must be open to
16.10representatives of the political parties, candidates, the press, and the public. The test must
16.11be conducted by (1) processing a preaudited group of ballots punched or marked to record
16.12a predetermined number of valid votes for each candidate and on each question, and must
16.13include for each office one or more ballot cards which have votes in excess of the number
16.14allowed by law in order to test the ability of the voting system tabulator and electronic ballot
16.15marker to reject those votes; and (2) processing an additional test deck of ballots marked
16.16using the electronic ballot marker for the precinct, including ballots marked using the
16.17electronic ballot display, audio ballot reader, and any assistive voting technology used with
16.18the electronic ballot marker. If an election is to be conducted using ranked choice voting,
16.19the equipment must also be tested to ensure that each ranking for each candidate is recorded
16.20properly.
16.21(b) If any error is detected, the cause must be ascertained and corrected and an errorless
16.22count must be made before the voting system may be used in the election.
16.23(c) After the completion of the test, the programs used and ballot cards must be sealed,
16.24retained, and disposed of as provided for paper ballots."
16.25Amend the title accordingly