1.1.................... moves to amend H.F. No. 4772, the first engrossment, as follows:
1.2Page 58, after line 15, insert:
1.4HELP AMERICA VOTE ACT COMPLIANCE
1.5 Section 1.
[204C.135] PROVISIONAL BALLOTS.
1.6 Subdivision 1. Casting provisional ballots. (a) A voter who registered on election day
1.7pursuant to section 201.061, subdivision 3, is entitled to cast a provisional ballot.
1.8(b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster
or
1.9a provisional voter signature certificate and complete the voter registration application
on
1.10the provisional ballot envelope. The voter registration application may be completed
by an
1.11electronic roster and affixed to the provisional ballot envelope. The voter must also
swear
1.12or affirm in writing that the voter is eligible to vote, has not voted previously
in the same
1.13election, and meets the criteria for registering to vote in the precinct in which
the voter
1.14appears.
1.15(c) Once the voter has completed the provisional ballot envelope, the voter must be
1.16allowed to cast a provisional ballot. The provisional ballot must be in the same form
as the
1.17official ballot available in the precinct on election day. A completed provisional
ballot shall
1.18be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's
1.19provisional ballot envelope and deposited by the voter in a secure, sealed provisional
ballot
1.20box. Completed provisional ballots must not be combined with other voted ballots in
the
1.21polling place.
1.22(d) The secretary of state must prescribe the form of the secrecy and provisional
ballot
1.23envelopes. The provisional ballot envelope must be a color other than that provided
for
1.24absentee ballot envelopes and must be prominently labeled "Provisional Ballot Envelope."
2.1(e) Provisional ballots and related documentation shall be delivered to and securely
2.2maintained by the county auditor or municipal clerk in the same manner as required
for
2.3other election materials under sections 204C.27 and 204C.28.
2.4 Subd. 2. Accepting or rejecting provisional ballot envelopes; verified registrations. (a)
2.5Beginning four days after the election and finishing no later than seven days after
the election,
2.6the county auditor or municipal clerk must process each applicant's provisional ballot
2.7envelope. If the applicant's registration has been verified, the voter's provisional
ballot
2.8envelope must be accepted. The county auditor or municipal clerk must mark the provisional
2.9ballot envelope "Accepted" and initial or sign the envelope below the word "Accepted."
If
2.10the applicant's registration is not verified, the provisional ballot envelope must
be rejected.
2.11If a provisional ballot envelope is rejected, the county auditor or municipal clerk
must mark
2.12the provisional ballot envelope "Rejected," initial or sign it below the word "Rejected,"
and
2.13list the reason for rejection on the envelope. The county auditor or municipal clerk
must
2.14promptly record in the statewide voter registration system that a voter's provisional
ballot
2.15envelope has been accepted or rejected.
2.16(b) The county auditor or municipal clerk must mail the voter a written notice of
2.17provisional ballot rejection between six and ten weeks following the election. The
notice
2.18must include the reason for rejection and the name of the appropriate election official
to
2.19whom the voter may direct further questions, along with appropriate contact information.
2.20(c) A provisional ballot envelope marked "Rejected" may not be opened or subject to
2.21further review except in an election contest filed pursuant to chapter 209.
2.22 Subd. 3. Provisional ballots; reconciliation. On the seventh day after the election and
2.23prior to counting any provisional ballots in the final vote totals from a precinct,
the county
2.24auditor or municipal clerk must verify that the number of signatures appearing on
the
2.25provisional ballot roster from that precinct is equal to or greater than the number
of
2.26provisional ballots submitted by voters in the precinct on election day. Any discrepancy
2.27must be resolved before the provisional ballots from the precinct may be counted.
Excess
2.28provisional ballots must be randomly withdrawn from the accepted provisional ballots
in
2.29the manner required by section 204C.20, subdivision 2.
2.30 Subd. 4. Counting provisional ballots. Once the reconciliation process required by
2.31subdivision 3 is completed, accepted provisional ballot envelopes must be opened;
duplicated
2.32as needed in the manner provided in section 206.86, subdivision 5; initialed by the
members
2.33of the ballot board; and deposited in the appropriate ballot box. If more than one
ballot is
2.34enclosed in the ballot envelope, the ballots must be spoiled and must not be counted.
3.3 Section 1. Minnesota Statutes 2022, section 171.072, is amended to read:
3.4171.072 TRIBAL IDENTIFICATION CARD.
3.5(a) If a Minnesota identification card is deemed an acceptable form of identification
in
3.6Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
of
3.7identification. A tribal identification card is a primary document for purposes of
Minnesota
3.8Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant
3.9license or identification card.
3.10(b) For purposes of this section, "tribal identification card" means an unexpired
3.11identification card issued by a Minnesota tribal government of a tribe recognized
by the
3.12Bureau of Indian Affairs, United States Department of the Interior, that contains
the legal
3.13name, date of birth, signature, and picture of the enrolled tribal member.
3.14(c) The tribal identification card must contain security features that make it as
impervious
3.15to alteration as is reasonably practicable in its design and quality of material and
technology.
3.16The security features must use materials that are not readily available to the general
public.
3.17The tribal identification card must not be susceptible to reproduction by photocopying
or
3.18simulation and must be highly resistant to data or photograph substitution and other
3.19tampering.
3.20(d)
Except as provided in paragraph (a), the requirements of this section do not apply
:
3.21(1) except as provided in paragraph (a), to an application for a driver's license or Minnesota
3.22identification card under this chapter
; or (2) to tribal identification cards used to prove an
3.23individual's residence for purposes of section 201.061, subdivision 3.
3.24 Sec. 2. Minnesota Statutes 2022, section 201.061, subdivision 1a, is amended to read:
3.25 Subd. 1a.
Incomplete registration by mail. If
the county auditor determines that a voter
3.26who has submitted a voter registration application by mail
has not previously voted in this
3.27state for a federal office and has also not presented a document authorized for election
day
3.28registration in section
201.061, subdivision 3, to the
county auditor, and the county auditor
3.29is unable to verify
the voter's driver's license, state identification, or last four digits of the
3.30voter's Social Security number as provided by the voter on the voter registration
application
3.31whether the voter is eligible to vote, then the county auditor must notify the voter that the
3.32registration is incomplete and to complete registration by using one of the following
methods:
4.1(1)
presenting to the auditor submitting a completed voter registration application more
4.2than 20 days before the election
a document authorized for election day registration in
4.3section
201.061, subdivision 3;
4.4(2) registering in person before or on election day;
or
4.5(3) if voting by absentee ballot or by mail, following election day registration procedures
4.6for absentee voters as described in section
203B.04, subdivision 4; or
4.7(4) providing proof of residence by any of the methods authorized for election day
4.8registration in section
201.061, subdivision 3.
4.9 Sec. 3. Minnesota Statutes 2023 Supplement, section 201.061, subdivision 3, is amended
4.10to read:
4.11 Subd. 3.
Election day registration. (a) An individual who is eligible to vote may register
4.12on election day by appearing in person at the polling place for the precinct in which
the
4.13individual maintains residence
, by and completing a
voter registration application
, making
4.14an oath in the form prescribed by the secretary of state and providing proof of residence.
4.15An individual may prove residence for purposes of registering by:.
4.16 (1) presenting a driver's license or Minnesota identification card issued pursuant
to
4.17section
171.07;
4.18 (2) presenting any document approved by the secretary of state as proper identification;
4.19 (3) presenting one of the following:
4.20 (i) a current valid student identification card from a postsecondary educational institution
4.21in Minnesota, if a list of students from that institution has been prepared under
section
4.22135A.17 and certified to the county auditor in the manner provided in rules of the secretary
4.23of state; or
4.24 (ii) a current student fee statement that contains the student's valid address in
the precinct
4.25together with a picture identification card; or
4.26 (4) having a voter who is registered to vote in the precinct, or an employee employed
4.27by and working in a residential facility in the precinct and vouching for a resident
in the
4.28facility, sign an oath in the presence of the election judge vouching that the voter
or employee
4.29personally knows that the individual is a resident of the precinct. A voter who has
been
4.30vouched for on election day may not sign a proof of residence oath vouching for any
other
4.31individual on that election day. A voter who is registered to vote in the precinct
may sign
4.32up to eight proof-of-residence oaths on any election day. This limitation does not
apply to
5.1an employee of a residential facility described in this clause. The secretary of state
shall
5.2provide a form for election judges to use in recording the number of individuals for
whom
5.3a voter signs proof-of-residence oaths on election day. The form must include space
for the
5.4maximum number of individuals for whom a voter may sign proof-of-residence oaths.
For
5.5each proof-of-residence oath, the form must include a statement that the individual:
(i) is
5.6registered to vote in the precinct or is an employee of a residential facility in
the precinct,
5.7(ii) personally knows that the voter is a resident of the precinct, and (iii) is making
the
5.8statement on oath. The form must include a space for the voter's printed name, signature,
5.9telephone number, and address.
5.10 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
5.11attached to the voter registration application.
5.12 (b) The operator of a residential facility shall prepare a list of the names of its
employees
5.13currently working in the residential facility and the address of the residential facility.
The
5.14operator shall certify the list and provide it to the appropriate county auditor no
less than
5.1520 days before each election for use in election day registration.
5.16 (c) "Residential facility" means transitional housing as defined in section
256E.33,
5.17subdivision 1; a supervised living facility licensed by the commissioner of health under
5.18section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision
5.195; an assisted living facility licensed by the commissioner of health under chapter
144G; a
5.20veterans home operated by the board of directors of the Minnesota Veterans Homes under
5.21chapter 198; a residence licensed by the commissioner of human services to provide a
5.22residential program as defined in section
245A.02, subdivision 14; a residential facility for
5.23persons with a developmental disability licensed by the commissioner of human services
5.24under section
252.28; setting authorized to provide housing support as defined in section
5.25256I.03, subdivision 10a; a shelter for battered women as defined in section
611A.37,
5.26subdivision 4; a supervised publicly or privately operated shelter or dwelling designed to
5.27provide temporary living accommodations for the homeless; a facility where a provider
5.28operates a residential treatment program as defined in section
245.462, subdivision 23; or
5.29a facility where a provider operates an adult foster care program as defined in section
5.30245A.02, subdivision 6c.
5.31 (d) For tribal band members, an individual may prove residence for purposes of
5.32registering by:
6.1 (1) presenting an identification card issued by the tribal government of a tribe recognized
6.2by the Bureau of Indian Affairs, United States Department of the Interior, that contains
the
6.3name, address, signature, and picture of the individual; or
6.4 (2) presenting an identification card issued by the tribal government of a tribe recognized
6.5by the Bureau of Indian Affairs, United States Department of the Interior, that contains
the
6.6name, signature, and picture of the individual and also presenting one of the documents
6.7listed in Minnesota Rules, part 8200.5100, subpart 2, item B. For purposes of registration
6.8under this subdivision, the voter registration application must be printed on or affixed
to a
6.9provisional ballot envelope and contain the information required by section 201.071,
6.10subdivision 1. An individual who registers on election day is entitled to cast a provisional
6.11ballot pursuant to section 204C.135.
6.12 (e) (b) A county, school district, or municipality may require that an election judge
6.13responsible for election day registration initial each completed registration application.
6.14 Sec. 4. Minnesota Statutes 2022, section 201.061, subdivision 4, is amended to read:
6.15 Subd. 4.
Registration by election judges; procedures. Registration at the polling place
6.16on election day shall be conducted by the election judges. Before registering an individual
6.17to vote at the polling place, the election judge must review any list of absentee
election day
6.18registrants provided by the county auditor or municipal clerk to see if the person
has already
6.19voted by absentee ballot. If the person's name appears on the list, the election judge
must
6.20not allow the individual to register or to vote in the polling place. The election
judge who
6.21registers an individual at the polling place on election day shall not handle that
voter's ballots
6.22at any time prior to the opening of the ballot box after the voting ends. Registration
6.23applications
and forms for oaths shall be available at each polling place.
If an individual
6.24who registers on election day proves residence by oath of a registered voter, the
form
6.25containing the oath shall be attached to the individual's registration application.
Registration
6.26applications completed on election day shall be forwarded to the county auditor who
shall
6.27add the name of each voter to the registration system unless the information forwarded
is
6.28substantially deficient. A county auditor who finds an election day registration substantially
6.29deficient shall give written notice to the individual whose registration is found
deficient.
6.30An election day registration shall not be found deficient solely because the individual
who
6.31provided proof of residence was ineligible to do so.
7.1 Sec. 5. Minnesota Statutes 2023 Supplement, section 201.121, subdivision 1, is amended
7.2to read:
7.3 Subdivision 1.
Entry of registration information. (a) At the time a voter registration
7.4application is properly completed, submitted, and received in accordance with sections
7.5201.061 and
201.071, the county auditor shall enter the information contained on it into the
7.6statewide registration system. Voter registration applications completed before election
day
7.7must be entered into the statewide registration system within ten days after they
have been
7.8submitted to the county auditor
, but no later than three days after the election. Voter
7.9registration applications completed on election day must be entered into the statewide
7.10registration system
within 42 as soon as possible, but no later than three days after the
7.11election
, unless the county auditor notifies the secretary of state before the deadline has
7.12expired that the deadline will not be met. Upon receipt of a notification under this
paragraph,
7.13the secretary of state must extend the deadline for that county auditor by an additional
28
7.14days. The secretary of state may waive a county's obligations under this paragraph
if, on
7.15good cause shown, the county demonstrates its permanent inability to comply.
7.16The secretary of state must post data on each county's compliance with this paragraph
on
7.17the secretary of state's website including, as applicable, the date each county fully
complied
7.18or the deadline by which a county's compliance must be complete.
7.19(b) Upon receiving a completed voter registration application, the secretary of state
may
7.20electronically transmit the information on the application to the appropriate county
auditor
7.21as soon as possible for review by the county auditor before final entry into the statewide
7.22registration system. The secretary of state may mail the voter registration application
to the
7.23county auditor.
7.24(c) Within ten days after the county auditor has entered information from a voter
7.25registration application into the statewide registration system, the secretary of
state shall
7.26compare the voter's name, date of birth, and driver's license number, state identification
7.27number, or the last four digits of the Social Security number with the same information
7.28contained in the Department of Public Safety database.
For applications received on election
7.29day, this must be completed within three days after the county auditor or municipal
clerk
7.30has entered the information into the statewide voter registration system.
7.31(d) The secretary of state shall provide a report to the county auditor on a weekly
basis
7.32that includes a list of voters whose name, date of birth, or identification number
have been
7.33compared with the same information in the Department of Public Safety database and
cannot
7.34be verified as provided in this subdivision. The report must list separately those
voters who
8.1have submitted a voter registration application by mail and have not voted in a federal
8.2election in this state.
For the six days following an election, the secretary of state must
8.3provide this report daily to county auditors and municipal clerks.
8.4(e) The county auditor shall compile a list of voters for whom the county auditor
and
8.5the secretary of state are unable to conclude that information on the voter registration
8.6application and the corresponding information in the Department of Public Safety database
8.7relate to the same person.
8.8(f) The county auditor shall send a notice of incomplete registration to any voter
whose
8.9name appears on the list and change the voter's status to "challenged." A voter who
receives
8.10a notice of incomplete registration from the county auditor may either provide the
information
8.11required to clear the challenge at least 21 days before the next election or at the
polling
8.12place on election day.
8.13 Sec. 6. Minnesota Statutes 2023 Supplement, section 201.225, subdivision 2, is amended
8.14to read:
8.15 Subd. 2.
Technology requirements. An electronic roster must:
8.16(1) be able to be loaded with a data file that includes voter registration data in
a file
8.17format prescribed by the secretary of state;
8.18(2) allow for data to be exported in a file format prescribed by the secretary of
state;
8.19(3) allow for data to be entered manually or by scanning a Minnesota driver's license
or
8.20identification card to locate a voter record or populate a voter registration application
that
8.21would be printed and signed and dated by the voter
. The printed registration application
8.22can be a printed form, a label printed with voter information to be affixed to a preprinted
8.23form, a combination of a form and label, or an electronic record that the voter signs
8.24electronically and is printed following its completion at the polling place and affixed to the
8.25provisional ballot envelope;
8.26(4) allow an election judge to update data that was populated from a scanned driver's
8.27license or identification card;
8.28(5) cue an election judge to ask for and input data that is not populated from a scanned
8.29driver's license or identification card that is otherwise required to be collected
from the voter
8.30or an election judge;
8.31(6) immediately alert the election judge if the voter has provided information that
indicates
8.32that the voter is not eligible to vote;
9.1(7) immediately alert the election judge if the electronic roster indicates that a
voter has
9.2already voted in that precinct, the voter's registration status is challenged, or
it appears the
9.3voter maintains residence in a different precinct;
9.4(8) provide immediate instructions on how to resolve a particular type of challenge
when
9.5a voter's record is challenged;
9.6(9) provide for a printed voter signature certificate, containing the voter's name,
address
9.7of residence, date of birth, voter identification number, the oath required by section
204C.10,
9.8and a space for the voter's original signature. The printed voter signature certificate
can be
9.9a printed form, a label printed with the voter's information to be affixed to the
oath, or an
9.10electronic record that the voter signs electronically and is printed following its
completion
9.11at the polling place;
9.12(10) contain only preregistered voters within the precinct, and not contain preregistered
9.13voter data on voters registered outside of the precinct, unless being utilized for
absentee or
9.14early voting under chapter 203B or for mail balloting on election day pursuant to section
9.15204B.45, subdivision 2a;
9.16(11) be only networked within the polling location on election day, except for the
purpose
9.17of updating absentee ballot records;
9.18(12) meet minimum security, reliability, and networking standards established by the
9.19Office of the Secretary of State in consultation with the Department of Information
9.20Technology Services;
9.21(13) be capable of providing a voter's correct polling place; and
9.22(14) perform any other functions necessary for the efficient and secure administration
9.23of the participating election, as determined by the secretary of state.
9.24Electronic rosters used only for election day registration do not need to comply with
clauses
9.25(1), (8), and (10). Electronic rosters used only for preregistered voter processing
do not need
9.26to comply with clauses (4) and (5).
9.27 Sec. 7. Minnesota Statutes 2022, section 201.225, subdivision 5, is amended to read:
9.28 Subd. 5.
Election day. (a) Precincts may use electronic rosters for election day
9.29registration, to process preregistered voters, or both.
The printed election day registration
9.30applications must be reviewed when electronic records are processed in the statewide
voter
9.31registration system. The election judges shall determine the number of ballots to be counted
9.32by counting the number of original voter signature certificates or the number of voter
receipts.
10.1(b) Each precinct using electronic rosters shall have a paper backup system approved
10.2by the secretary of state present at the polling place to use in the event that the
election
10.3judges are unable to use the electronic roster.
10.4 Sec. 8. Minnesota Statutes 2022, section 203B.04, subdivision 4, is amended to read:
10.5 Subd. 4.
Registration at time of application. An eligible voter who is not registered
10.6to vote but who is otherwise eligible to vote by absentee ballot may register by
including
10.7submitting a completed voter registration application with the absentee ballot.
The individual
10.8shall present proof of residence as required by section
201.061, subdivision 3, to the
10.9individual who witnesses the marking of the absentee ballots If the absentee ballot and voter
10.10registration application are returned by mail, the voter registration must be placed
into the
10.11return envelope along with the signature envelope. A military voter, as defined in section
10.12203B.01, may register in this manner if voting pursuant to sections
203B.04 to
203B.15, or
10.13may register pursuant to sections
203B.16 to
203B.27.
10.14 Sec. 9. Minnesota Statutes 2023 Supplement, section 203B.07, subdivision 3, is amended
10.15to read:
10.16 Subd. 3.
Eligibility certificate. A certificate of eligibility to vote by absentee ballot
10.17shall be printed on the back of the signature envelope. The certificate shall contain
space
10.18for the voter's Minnesota driver's license number, state identification number, or
the last
10.19four digits of the voter's Social Security number, or to indicate that the voter does
not have
10.20one of these numbers. The space must be designed to ensure that the voter provides
the
10.21same type of identification as provided on the voter's absentee ballot application
for purposes
10.22of comparison. The certificate must also contain a statement to be signed and sworn
by the
10.23voter indicating that the voter meets all of the requirements established by law for
voting
10.24by absentee ballot and space for a statement signed by a person who is registered
to vote in
10.25Minnesota or by a notary public or other individual authorized to administer oaths
stating
10.26that:
10.27 (1) the ballots were displayed to that individual unmarked;
and
10.28 (2) the voter marked the ballots in that individual's presence without showing how
they
10.29were marked, or, if the voter was physically unable to mark them, that the voter directed
10.30another individual to mark them
; and
10.31 (3) if the voter was not previously registered, the voter has provided proof of residence
10.32as required by section
201.061, subdivision 3.
11.1 Sec. 10. Minnesota Statutes 2023 Supplement, section 203B.08, subdivision 3, is amended
11.2to read:
11.3 Subd. 3.
Procedures on receipt of ballots. (a) When absentee ballots are returned to a
11.4county auditor or municipal clerk, that official shall stamp or initial and date the
return
11.5envelope
and. The county auditor must open the return envelope to determine if a voter
11.6registration application is in the envelope. If a voter registration application is
in the envelope,
11.7the county auditor must remove the voter registration application. The county auditor
must
11.8reseal the return envelope, initial across the seal, and note that a voter registration
application
11.9was removed from the envelope. The county auditor must place
it all return envelopes in a
11.10locked ballot container or other secured and locked space with other return envelopes
11.11received by that office.
Except for voter registration applications removed pursuant to this
11.12section, all contents of the return envelope must remain in the return envelope until
delivered
11.13to the ballot board.
11.14 (b) Within five days after receipt, the county auditor or municipal clerk shall deliver
to
11.15the ballot board all ballots received, except that during the 14 days immediately
preceding
11.16an election, the county auditor or municipal clerk shall deliver all ballots received
to the
11.17ballot board within three days. Ballots received on election day after 8:00 p.m. shall
be
11.18marked as received late by the county auditor or municipal clerk, and must not be
delivered
11.19to the ballot board.
11.20(c) Upon removing the voter registration application as required by paragraph (a),
the
11.21county auditor must promptly process the voter registration application as provided
in section
11.22201.121, subdivisions 1 and 2.
11.23 Sec. 11. Minnesota Statutes 2023 Supplement, section 203B.081, subdivision 3, is amended
11.24to read:
11.25 Subd. 3.
Alternative procedure. (a) In elections not eligible to use early voting under
11.26subdivision 1a, the county auditor may make available a ballot counter and ballot
box for
11.27use by
the preregistered voters during the 18 days before the election. If a ballot counter
11.28and ballot box is provided, a voter must be given the option either (1) to vote using
the
11.29process provided in section
203B.08, subdivision 1, or (2) to vote in the manner provided
11.30in this subdivision.
11.31(b) If a voter chooses to vote in the manner provided in this subdivision, the voter
must
11.32state the voter's name, address, and date of birth to the county auditor or municipal
clerk.
11.33The voter shall sign a voter's certificate, which must include the voter's name, identification
11.34number, and the certification required by section
201.071, subdivision 1. The signature of
12.1an individual on the voter's certificate and the issuance of a ballot to the individual
is evidence
12.2of the intent of the individual to vote at that election.
12.3(c) After signing the voter's certificate, the voter shall be issued a ballot and
immediately
12.4retire to a voting station or other designated location in the polling place to mark
the ballot.
12.5The ballot must not be taken from the polling place. If the voter spoils the ballot,
the voter
12.6may return it to the election official in exchange for a new ballot. After completing
the
12.7ballot, the voter shall deposit the ballot into the ballot box.
12.8(d) The election official must immediately record that the voter has voted in the
manner
12.9provided in section
203B.121, subdivision 3.
12.10(e) The election duties required by this subdivision must be performed by an election
12.11judge, the county auditor, municipal clerk, or a deputy of the auditor or clerk.
12.12(f) If a person is not registered to vote, the person must not be allowed to cast
an absentee
12.13ballot using the alternative procedure authorized by this subdivision.
12.14 Sec. 12. Minnesota Statutes 2023 Supplement, section 203B.121, subdivision 2, is amended
12.15to read:
12.16 Subd. 2.
Duties of ballot board; absentee ballots. (a) The members of the ballot board
12.17shall take possession of all signature envelopes delivered to them in accordance with
section
12.18203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
12.19two or more members of the ballot board shall examine each signature envelope and
shall
12.20mark it accepted or rejected in the manner provided in this subdivision. Election
judges
12.21performing the duties in this section must be of different major political parties,
unless they
12.22are exempt from that requirement under section
205.075, subdivision 4, or section
205A.10,
12.23subdivision 2.
12.24(b) The members of the ballot board shall mark the signature envelope "Accepted" and
12.25initial or sign the signature envelope below the word "Accepted" if a majority of
the members
12.26of the ballot board examining the envelope are satisfied that:
12.27(1) the voter's name and address on the signature envelope are the same as the information
12.28provided on the absentee ballot application or voter record;
12.29(2) the voter signed the certification on the envelope;
12.30(3) the voter's Minnesota driver's license, state identification number, or the last
four
12.31digits of the voter's Social Security number are the same as a number on the voter's
absentee
12.32ballot application or voter record. If the number does not match, the election judges
must
13.1compare the signature provided by the applicant to determine whether the ballots were
13.2returned by the same person to whom they were transmitted;
13.3(4) the voter is registered and eligible to vote in the precinct
or has included a properly
13.4completed voter registration application in the signature envelope;
13.5(5) the certificate has been completed as prescribed in the directions for casting
an
13.6absentee ballot; and
13.7(6) the voter has not already voted at that election, either in person or, if it is
after the
13.8close of business on the 19th day before the election, as provided by section 203B.081.
13.9The signature envelope from accepted ballots must be preserved and returned to the
13.10county auditor.
13.11(c)(1) If a majority of the members of the ballot board examining a signature envelope
13.12find that an absentee voter has failed to meet one of the requirements provided in
paragraph
13.13(b), they shall mark the signature envelope "Rejected," initial or sign it below the
word
13.14"Rejected," list the reason for the rejection on the envelope, and return it to the
county
13.15auditor. There is no other reason for rejecting an absentee ballot beyond those permitted
by
13.16this section. Failure to place the ballot within the ballot envelope before placing
it in the
13.17outer white envelope is not a reason to reject an absentee ballot.
13.18(2) If an envelope has been rejected at least five days before the election, the envelope
13.19must remain sealed and the official in charge of the ballot board shall provide the
voter with
13.20a replacement absentee ballot and signature envelope in place of the rejected ballot.
13.21(3) If an envelope is rejected within five days of the election, the envelope must
remain
13.22sealed and the official in charge of the ballot board must attempt to contact the
voter to
13.23notify the voter that the voter's ballot has been rejected. The ballot board must
contact the
13.24voter by the method or methods of communication provided by the voter on the voter's
13.25application for an absentee ballot or voter registration. The official must document
the
13.26attempts made to contact the voter.
13.27(d) The official in charge of the absentee ballot board must mail the voter a written
notice
13.28of absentee ballot rejection between six and ten weeks following the election. If
the official
13.29determines that the voter has otherwise cast a ballot in the election, no notice is
required.
13.30If an absentee ballot arrives after the deadline for submission provided by this chapter,
the
13.31notice must be provided between six to ten weeks after receipt of the ballot. A notice
of
13.32absentee ballot rejection must contain the following information:
14.1(1) the date on which the absentee ballot was rejected or, if the ballot was received
after
14.2the required deadline for submission, the date on which the ballot was received;
14.3(2) the reason for rejection; and
14.4(3) the name of the appropriate election official to whom the voter may direct further
14.5questions, along with appropriate contact information.
14.6(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
14.7subject to further review except in an election contest filed pursuant to chapter
209.
14.8 Sec. 13. Minnesota Statutes 2022, section 204C.07, subdivision 3a, is amended to read:
14.9 Subd. 3a.
Residence requirement. A challenger must be a resident of this state.
14.10Appointed challengers seeking admission to a polling place to serve in that capacity
must
14.11prove their status as a resident of this state by presenting
one of the documents listed in
14.12section
201.061, subdivision 3. a driver's license or Minnesota identification card issued
14.13pursuant to section 171.07, any document approved by the secretary of state as proper
14.14identification, or one of the following:
14.15 (1) a current valid student identification card from a postsecondary educational institution
14.16in Minnesota, if a list of students from that institution has been prepared under
section
14.17135A.17 and certified to the county auditor in the manner provided in rules of the
secretary
14.18of state; or
14.19(2) a current student fee statement that contains the student's valid address in the
precinct
14.20together with a picture identification card.
14.21Challengers need not prove residence in the precinct in which they seek to act as
a challenger.
14.22 Sec. 14. Minnesota Statutes 2022, section 204C.32, is amended to read:
14.23204C.32 CANVASS OF STATE PRIMARIES.
14.24 Subdivision 1.
County canvass. The county canvassing board shall meet at the county
14.25auditor's office on
either the second or third the tenth day following the state primary. After
14.26taking the oath of office, the canvassing board shall publicly canvass the election
returns
14.27delivered to the county auditor. The board shall complete the canvass by the
third tenth day
14.28following the state primary and shall promptly prepare and file with the county auditor
a
14.29report that states:
14.30(a) the number of individuals voting at the election in the county, and in each precinct;
15.1(b) the number of individuals registering to vote on election day and the number of
15.2individuals registered before election day in each precinct;
15.3(c) for each major political party, the names of the candidates running for each partisan
15.4office and the number of votes received by each candidate in the county and in each
precinct;
15.5(d) the names of the candidates of each major political party who are nominated; and
15.6(e) the number of votes received by each of the candidates for nonpartisan office
in each
15.7precinct in the county and the names of the candidates nominated for nonpartisan office.
15.8Upon completion of the canvass, the county auditor shall mail or deliver a notice
of
15.9nomination to each nominee for county office voted for only in that county. The county
15.10auditor shall transmit one of the certified copies of the county canvassing board
report for
15.11state and federal offices to the secretary of state by express mail or similar service
15.12immediately upon conclusion of the county canvass. The secretary of state shall mail
a
15.13notice of nomination to each nominee for state or federal office.
15.14 Subd. 2.
State canvass. The State Canvassing Board shall meet at a public meeting
15.15space located in the Capitol complex area
seven 14 days after the state primary to canvass
15.16the certified copies of the county canvassing board reports received from the county
auditors.
15.17Immediately after the canvassing board declares the results, the secretary of state
shall
15.18certify the names of the nominees to the county auditors. The secretary of state shall
mail
15.19to each nominee a notice of nomination.
15.20 Sec. 15. Minnesota Statutes 2022, section 204C.33, subdivision 1, is amended to read:
15.21 Subdivision 1.
County canvass. The county canvassing board shall meet at the county
15.22auditor's office between the
third tenth and
tenth 17th days following the state general
15.23election. After taking the oath of office, the board shall promptly and publicly canvass
the
15.24general election returns delivered to the county auditor. Upon completion of the canvass,
15.25the board shall promptly prepare and file with the county auditor a report which states:
15.26(a) the number of individuals voting at the election in the county and in each precinct;
15.27(b) the number of individuals registering to vote on election day and the number of
15.28individuals registered before election day in each precinct;
15.29(c) the names of the candidates for each office and the number of votes received by
each
15.30candidate in the county and in each precinct;
15.31(d) the number of votes counted for and against a proposed change of county lines
or
15.32county seat; and
16.1(e) the number of votes counted for and against a constitutional amendment or other
16.2question in the county and in each precinct.
16.3The result of write-in votes cast on the general election ballots must be compiled
by the
16.4county auditor before the county canvass, except that write-in votes for a candidate
for
16.5federal, state, or county office must not be counted unless the candidate has timely
filed a
16.6request under section
204B.09, subdivision 3. The county auditor shall arrange for each
16.7municipality to provide an adequate number of election judges to perform this duty
or the
16.8county auditor may appoint additional election judges for this purpose. The county
auditor
16.9may open the envelopes or containers in which the voted ballots have been sealed in
order
16.10to count and record the write-in votes and must reseal the voted ballots at the conclusion
of
16.11this process. The county auditor must prepare a separate report of votes received
by precinct
16.12for write-in candidates for federal, state, and county offices who have requested
under
16.13section
204B.09 that votes for those candidates be tallied.
16.14Upon completion of the canvass, the county canvassing board shall declare the candidate
16.15duly elected who received the highest number of votes for each county and state office
voted
16.16for only within the county. The county auditor shall transmit a certified copy of
the county
16.17canvassing board report for state and federal offices to the secretary of state by
messenger,
16.18express mail, or similar service immediately upon conclusion of the county canvass.
16.19 Sec. 16. Minnesota Statutes 2022, section 204C.37, is amended to read:
16.20204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
16.21STATE.
16.22A copy of the report required by sections
204C.32, subdivision 1, and
204C.33,
16.23subdivision 1, shall be certified under the official seal of the county auditor. The copy shall
16.24be enclosed in an envelope addressed to the secretary of state, with the county auditor's
16.25name and official address and the words "Election Returns" endorsed on the envelope.
The
16.26copy of the canvassing board report must be sent by express mail or delivered to the
secretary
16.27of state. If the copy is not received by the secretary of state within
ten 17 days following
16.28the applicable election a primary election, or within 24 days following a general election,
16.29the secretary of state shall immediately notify the county auditor, who shall deliver
another
16.30copy to the secretary of state by special messenger.
17.1 Sec. 17. Minnesota Statutes 2022, section 205.065, subdivision 5, is amended to read:
17.2 Subd. 5.
Results. The municipal primary shall be conducted and the returns made in the
17.3manner provided for the state primary so far as practicable.
The canvass may be conducted
17.4on either the second or third day after the primary.
17.5The governing body of the municipality shall canvass the returns
on the tenth day after
17.6the primary, and the two candidates for each office who receive the highest number of votes,
17.7or a number of candidates equal to twice the number of individuals to be elected to
the
17.8office, who receive the highest number of votes, shall be the nominees for the office
named.
17.9Their names shall be certified to the municipal clerk who shall place them on the
municipal
17.10general election ballot without partisan designation and without payment of an additional
17.11fee.
17.12 Sec. 18. Minnesota Statutes 2022, section 205.185, subdivision 3, is amended to read:
17.13 Subd. 3.
Canvass of returns, certificate of election, ballots, disposition. (a) Between
17.14the
third tenth and
tenth 17th days after an election, the governing body of a city conducting
17.15any election including a special municipal election, or the governing body of a town
17.16conducting the general election in November shall act as the canvassing board, canvass
the
17.17returns, and declare the results of the election. The governing body of a town conducting
17.18the general election in March shall act as the canvassing board, canvass the returns,
and
17.19declare the results of the election within
two nine days after an election.
17.20(b) After the time for contesting elections has passed, the municipal clerk shall
issue a
17.21certificate of election to each successful candidate. In case of a contest, the certificate
shall
17.22not be issued until the outcome of the contest has been determined by the proper court.
17.23(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality
17.24shall determine the result by lot. The clerk of the canvassing board shall certify
the results
17.25of the election to the county auditor, and the clerk shall be the final custodian
of the ballots
17.26and the returns of the election.
17.27 Sec. 19. Minnesota Statutes 2022, section 205A.03, subdivision 4, is amended to read:
17.28 Subd. 4.
Results. (a) The school district primary must be conducted and the returns
17.29made in the manner provided for the state primary as far as practicable.
If the primary is
17.30conducted:
17.31(1) only within that school district, a canvass may be conducted on either the second
or
17.32third day after the primary; or
18.1(2) in conjunction with the state primary, the canvass must be conducted on the third
18.2day after the primary, except as otherwise provided in paragraph (b).
18.3On the tenth day after the primary, the school board of the school district shall canvass
18.4the returns, and the two candidates for each specified school board position who receive
18.5the highest number of votes, or a number of candidates equal to twice the number of
18.6individuals to be elected to at-large school board positions who receive the highest
number
18.7of votes, are the nominees for the office named. Their names must be certified to
the school
18.8district clerk who shall place them on the school district general election ballot
without
18.9partisan designation and without payment of an additional fee.
18.10(b) Following a school district primary as described in paragraph (a), clause (2),
a canvass
18.11may be conducted on the second day after the primary if the county auditor of each
county
18.12in which the school district is located agrees to administratively review the school
district's
18.13primary voting statistics for accuracy and completeness within a time that permits
the canvass
18.14to be conducted on that day.
18.15 Sec. 20. Minnesota Statutes 2022, section 205A.10, subdivision 3, is amended to read:
18.16 Subd. 3.
Canvass of returns, certificate of election, ballots, disposition. Between the
18.17third tenth and
tenth 17th days after a school district election other than a recount of a special
18.18election conducted under section
126C.17, subdivision 9, or
475.59, the school board shall
18.19canvass the returns and declare the results of the election. After the time for contesting
18.20elections has passed, the school district clerk shall issue a certificate of election
to each
18.21successful candidate. If there is a contest, the certificate of election to that office
must not
18.22be issued until the outcome of the contest has been determined by the proper court.
If there
18.23is a tie vote, the school board shall determine the result by lot. The clerk shall
deliver the
18.24certificate of election to the successful candidate by personal service or certified
mail. The
18.25successful candidate shall file an acceptance and oath of office in writing with the
clerk
18.26within 30 days of the date of mailing or personal service. A person who fails to qualify
prior
18.27to the time specified shall be deemed to have refused to serve, but that filing may
be made
18.28at any time before action to fill the vacancy has been taken. The school district
clerk shall
18.29certify the results of the election to the county auditor, and the clerk shall be
the final
18.30custodian of the ballots and the returns of the election.
18.31A school district canvassing board shall perform the duties of the school board according
18.32to the requirements of this subdivision for a recount of a special election conducted
under
18.33section
126C.17, subdivision 9, or
475.59.
19.1 Sec. 21.
PUBLIC AWARENESS CAMPAIGN; SECRETARY OF STATE.
19.2The secretary of state must conduct a public awareness campaign to encourage people
19.3to register to vote prior to election day. At a minimum, the secretary of state must
conduct
19.4the public awareness campaign in each even-numbered year from June 1 until the voter
19.5registration period ends prior to the state general election.
19.6 Sec. 22.
REPEALER.
19.7(a) Minnesota Statutes 2022, sections 201.061, subdivision 7; and 201.121, subdivision
19.83, are repealed.
19.9(b) Minnesota Statutes 2023 Supplement, section 135A.17, subdivision 2, is repealed.
19.10 Sec. 23.
EFFECTIVE DATE.
19.11This act is effective on January 1, 2025, and applies to elections held on or after
that
19.12date."
19.13Amend the title accordingly