Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4577

 

 

STATE OF MINNESOTA

 

 

NINETY-THIRD SESSION - 2023

 

_____________________

 

FORTY-EIGHTH DAY

 

Saint Paul, Minnesota, Thursday, April 13, 2023

 

 

      The House of Representatives convened at 12:30 p.m. and was called to order by Dan Wolgamott, Speaker pro tempore.

 

      Prayer was offered by the Reverend Mark Pattie, Salem Covenant Church, New Brighton, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. H.

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Davids

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

McDonald

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rehm

Reyer

Richardson

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Anderson, P. E.; Backer; Daudt and Kiel were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4578

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 447, A bill for an act relating to civil law; amending certain policy provisions related to forfeiture, name change, property, survival of cause of action after death, mediation for debtors owning agricultural property, State Board of Public Defense, construction contracts, civil rights, gender identity, data, notaries public, and health care incident open discussion; amending Minnesota Statutes 2022, sections 13.072, subdivision 1; 13.32, subdivisions 3, 5; 13.643, subdivision 6; 15.71, by adding subdivisions; 15.72, by adding a subdivision; 82B.195, subdivision 3; 169A.63, subdivision 8; 245I.12, subdivision 1; 259.11; 259.13, subdivisions 1, 5; 325F.992, subdivision 3; 336.9-601; 337.01, subdivision 3; 337.05, subdivision 1; 357.17; 359.04; 363A.02, subdivision 1; 363A.03, subdivisions 23, 44, by adding a subdivision; 363A.04; 363A.06, subdivision 1; 363A.07, subdivision 2; 363A.08, subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.09, subdivisions 1, 2, 3, 4; 363A.11, subdivisions 1, 2; 363A.12, subdivision 1; 363A.13, subdivisions 1, 2, 3, 4; 363A.15; 363A.16, subdivision 1; 363A.17; 363A.21, subdivision 1; 504B.301; 508.52; 517.04; 517.08, subdivisions 1a, 1b; 518.191, subdivisions 1, 3; 550.365, subdivision 2; 559.209, subdivision 2; 573.01; 573.02, subdivisions 1, 2; 582.039, subdivision 2; 583.25; 583.26, subdivision 2; 600.23; 609.5314, subdivision 3; 611.215, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 145; 259; 359; repealing Minnesota Statutes 2022, sections 346.02; 363A.20, subdivision 3; 363A.27; 504B.305; 582.14.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

 

Olson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1830, A bill for an act relating to state government; appropriating money for the legislature, certain constitutional offices, and certain boards, offices, agencies, councils, departments, commissions, societies, centers, Minnesota State Retirement System, retirement plans, retirement associations, retirement fund; making appropriation reductions and cancellations; making deficiency appropriations; providing for revenue recovery; providing a statutory appropriation of funds to the legislature for sums sufficient to operate the house of representatives, senate, and Legislative Coordinating Commission; changing provisions for the legislative audit commission; making budget provisions; requiring Compensation Council to prescribe salaries for constitutional officers; requiring accountability and performance management measures; establishing the Office of Enterprise Translation; providing for grant administration and grant agreements; making county and local cybersecurity grants; changing human burial provisions; establishing the public land survey system monument grant program, the legislative task force on aging, the State Emblems Redesign Commission, and the infrastructure resilience advisory task force; requiring mixed-use Ford Building Site Redevelopment; providing for the Capitol Mall Design Framework; requiring the legislature to certify appropriation amounts for fiscal years 2026 and 2027; requiring a study of issues facing small agencies; making technical changes; requiring reports; amending Minnesota Statutes 2022, sections 1.135, subdivisions 2, 4, 6, by adding a subdivision; 1.141, subdivision 1; 3.099, subdivision 3; 3.97, subdivision 2; 3.972, subdivision 3; 3.978, subdivision 2; 3.979, subdivisions 2, 3, by adding a subdivision; 4.045; 10.44; 10.45; 15A.0815, subdivisions 1, 2; 15A.082, subdivisions 1, 2, 3, 4; 16A.122, subdivision 2; 16A.126, subdivision 1; 16A.1286, subdivision 2; 16A.152, subdivision 4; 16B.97, subdivisions 2, 3, 4; 16B.98, subdivisions 5, 6, 8, by adding subdivisions; 16B.991; 16E.14, subdivision 4; 16E.21, subdivisions 1, 2; 43A.08, subdivision 1; 138.912, subdivisions 1, 2; 145.951; 307.08; 349A.02, subdivision 1; 381.12, subdivision 2; 462A.22, subdivision 10; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; 16B; 16E; 381; repealing Minnesota Statutes 2022, sections 1.135, subdivisions 3, 5; 1.141, subdivisions 3, 4, 6; 4A.01; 4A.04; 4A.06; 4A.07; 4A.11; 15A.0815, subdivisions 3, 4, 5; 124D.23, subdivision 9; 383C.806; Laws 2014, chapter 287, section 25, as amended.


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4579

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

 

      Section 1.  STATE GOVERNMENT APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.  "The first year" is fiscal year 2024.  "The second year" is fiscal year 2025.  "The biennium" is fiscal years 2024 and 2025.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2024

2025

 

      Sec. 2.  LEGISLATURE

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$151,648,000

 

$123,297,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Senate

 

41,045,000

 

43,845,000

 

      Subd. 3.  House of Representatives

 

48,046,000

 

48,558,000

 

      Subd. 4.  Legislative Coordinating Commission

 

62,557,000

 

30,894,000

 

$15,000 each year is for purposes of the legislators' forum, through which Minnesota legislators meet with counterparts from South Dakota, North Dakota, and Manitoba to discuss issues of mutual concern.

 

$148,000 in the first year and $104,000 in the second year are for the Legislative Task Force on Aging.  This is a onetime appropriation.

 

$500,000 each year is to provide translation services for legislative business.  This is a onetime appropriation and is available until June 30, 2027.

 

Legislative Auditor.  $10,459,000 in the first year and $11,526,000 in the second year are for the Office of the Legislative Auditor.


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4580

Revisor of Statutes.  $22,250,000 in the first year and $8,714,000 in the second year are for the Office of the Revisor of Statutes.  Of these amounts, $14,000,000 in the first year is available until June 30, 2027.

 

Legislative Reference Library.  $2,055,000 in the first year and $2,184,000 in the second year are for the Legislative Reference Library.

 

Legislative Budget Office.  $2,454,000 in the first year and $2,669,000 in the second year are for the Legislative Budget Office.

 

      Sec. 3.  GOVERNOR AND LIEUTENANT GOVERNOR

$9,258,000

 

$9,216,000

 

(a) This appropriation is to fund the Office of the Governor and Lieutenant Governor.

 

(b) $19,000 each year is for necessary expenses in the normal performance of the governor's and lieutenant governor's duties for which no other reimbursement is provided.

 

(c) By September 1 of each year, the commissioner of management and budget shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance any personnel costs incurred by the Offices of the Governor and Lieutenant Governor that were supported by appropriations to other agencies during the previous fiscal year.  The Office of the Governor shall inform the chairs and ranking minority members of the committees before initiating any interagency agreements.

 

      Sec. 4.  STATE AUDITOR

 

$15,809,000

 

$14,254,000

 

The base for this appropriation is $14,268,000 in fiscal year 2026 and $14,278,000 in fiscal year 2027.

 

$500,000 the first year is for assistance and grants to towns to facilitate use of the Small City and Town Accounting System.

 

$500,000 the first year is to provide a regulatory compliance and oversight dashboard.

 

      Sec. 5.  ATTORNEY GENERAL

 

$56,296,000

 

$43,825,000

 

Appropriations by Fund

 

 

2024

 

2025

General

53,380,000

40,909,000

State Government

 Special Revenue

 

2,521,000

 

2,521,000

Environmental

145,000

145,000

Remediation

250,000

250,000


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4581

$2,500,000 from the general fund the first year is for antitrust and nonprofit oversight.

 

      Sec. 6.  SECRETARY OF STATE

 

$10,267,000

 

$10,379,000

 

The base for this appropriation is $10,247,000 in fiscal year 2026 and $10,379,000 in fiscal year 2027.

 

      Sec. 7.  CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

$800,000

 

 

$800,000

 

These amounts are for information technology project costs, including enhanced cybersecurity, geospatial coding, and cloud integration.  This is a onetime appropriation.

 

      Sec. 8.  STATE BOARD OF INVESTMENT

 

$139,000

 

$139,000

 

      Sec. 9.  ADMINISTRATIVE HEARINGS

 

$12,512,000

 

$10,260,000

 

Appropriations by Fund

 

 

2024

 

2025

General

2,744,000

444,000

Workers' Compensation

9,768,000

9,816,000

 

$263,000 each year is for municipal boundary adjustments.

 

The base for the general fund appropriation is $559,000 in fiscal year 2026 and $459,000 in fiscal year 2027.

 

      Sec. 10.  INFORMATION TECHNOLOGY SERVICES

$79,415,000

 

$79,840,000

 

The base for this appropriation is $10,553,000 in fiscal year 2026 and $10,572,000 in fiscal year 2027.

 

During the biennium ending June 30, 2025, the Office of MN.IT Services must not charge fees to a public noncommercial educational television broadcast station eligible for funding under Minnesota Statutes, chapter 129D, for access to the state broadcast infrastructure.  If the access fees not charged to public noncommercial educational television broadcast stations total more than $400,000 for the biennium, the office may charge for access fees in excess of these amounts.

 

(a) Cybersecurity Grant Program.  $2,204,000 the first year and $3,521,000 the second year are for a state and local cybersecurity improvement grant program for political subdivisions and Minnesota Tribal governments, as established in Minnesota Statutes, section 16E.35.  This is a onetime appropriation and is available until June 30, 2027.


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4582

(b) Statewide Cybersecurity Enhancements.  $10,280,000 the first year and $16,875,000 the second year are to procure, implement, and support advanced cybersecurity tools that combat persistent and evolving cybersecurity threats.  This is a onetime appropriation and is available until June 30, 2027.

 

(c) Executive Branch Cloud Transformation.  $10,685,000 the first year and $22,910,000 the second year are to support planning, migration, modernization, infrastructure, training, and services required for executive branch cloud transformation to modernize enterprise information technology delivery for state agency business partners.  This is a onetime appropriation and is available until June 30, 2027.

 

(d) Targeted Application Modernization.  $25,000,000 the first year and $20,000,000 the second year are to modernize targeted applications to improve user experiences with digital services provided by state agencies, enable service delivery transformation, and systematically address aging technology.  This is a onetime appropriation and is available until June 30, 2027.

 

(e) Children's Cabinet IT Innovation.  $3,000,000 the first year and $1,000,000 the second year are to provide technology capabilities that support centering Minnesota children and their families over agency structures and provide dedicated information technology resources to deliver innovative digital services to children and families.  This is a onetime appropriation and is available until June 30, 2027.

 

(f) MnGeo; Expanding Data-Driven Decision Making with GIS Data.  $358,000 the first year and $376,000 the second year are to enhance the state's ability to lead collaborative geographic data collection and to produce additional publicly available data.  The base for this appropriation is $395,000 in fiscal year 2026 and $414,000 in fiscal year 2027.

 

(g) Supporting Accessible Technology in State Government.  $1,200,000 the first year is to support accessible government in Minnesota.  This is a onetime appropriation and is available until June 30, 2027.

 

(h) Public Land Survey System.  $16,000,000 the first year and $4,000,000 the second year are for the grant program authorized by Minnesota Statutes, section 381.125.  Up to four percent of this appropriation may be used by the chief geospatial information officer for the administration of the grant program.  This is a onetime appropriation and is available until June 30, 2027.

 

$1,000,000 each year is for grants to counties to employ county technical staff to aid surveyors marking public land survey corners.  This a onetime appropriation.


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4583

           Sec. 11.  ADMINISTRATION

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$77,765,000

 

$47,756,000

 

The base for this appropriation is $33,581,000 in fiscal year 2026 and $33,343,000 in fiscal year 2027.

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Government and Citizen Services

 

43,918,000

 

19,188,000

 

The base for this appropriation is $15,513,000 in fiscal year 2026 and $15,525,000 in fiscal year 2027.

 

$5,000,000 the first year is to implement the updated Capitol Mall Design Framework, prioritizing the framework plans identified in article 2, section 54.  This appropriation is available until December 31, 2024.

 

Council on Developmental Disabilities.  $222,000 each year is for the Council on Developmental Disabilities.

 

State Agency Accommodation Reimbursement.  $200,000 each year may be transferred to the accommodation account established in Minnesota Statutes, section 16B.4805.

 

Procurement Technical Assistance Center.  $350,000 each year is for the Procurement Technical Assistance Center.

 

Office of the State Archaeologist.  $806,000 the first year and $822,000 the second year are for the Office of the State Archaeologist.  The base for this appropriation is $773,000 in fiscal year 2026.  The base for this appropriation in fiscal year 2027 and each year thereafter is $785,000.

 

Of these amounts, $236,000 the first year and $242,000 the second year are for the Archaeological and Cemetery Site Inventory Portal.  The base in fiscal year 2026 is $193,000 and $205,000 in fiscal year 2027 and each year thereafter.

 

Disparity Study.  $500,000 the first year and $1,000,000 the second year are to conduct a disparity study required under Minnesota Statutes, section 16C.16, subdivision 5.  This is a onetime appropriation.

 

Grants Administration Oversight.  $7,405,000 the first year and $1,771,000 the second year are for the Office of Grant Management, including grant administration oversight, systems, and equity.  This appropriation is available until June 30, 2027.  The base for this appropriation in fiscal year 2026 and each year thereafter is $570,000.


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4584

Of these amounts, $735,000 the first year and $201,000 the second year are for a study to develop a road map on the need for an enterprise grants management system and to implement the study's recommendation.  This is a onetime appropriation.

 

Small Agency Resource Team.  $940,000 the first year and $856,000 the second year are for the Small Agency Resource Team.

 

Of these amounts, $102,000 the first year is to complete the small agency study required by article 2, section 56.

 

State Historic Preservation Office.  $1,274,000 the first year and $1,352,000 the second year are for the State Historic Preservation Office.  The base for this appropriation in fiscal year 2026 and each year thereafter is $1,012,000.

 

Of these amounts, $485,000 the first year and $500,000 the second year are for electronic project systems and critical database integration and are available through June 30, 2027.  The base for this appropriation in fiscal year 2026 and each year thereafter is $160,000.

 

Risk Management Fund Property Self-Insurance.  $12,500,000 the first year is for transfer to the risk management fund under Minnesota Statutes, section 16B.85.  This is a onetime appropriation.

 

Office of Enterprise Translations.  $1,306,000 the first year and $1,159,000 the second year are to establish the Office of Enterprise Translations.  $250,000 each year may be transferred to the language access service account established in Minnesota Statutes, section 16B.373.

 

Parking Fund.  $3,255,000 the first year and $1,085,000 the second year are for a transfer to the state parking account to maintain the operations of the parking and transit program on the Capitol complex.

 

      Subd. 3.  Strategic Management Services

 

2,414,000

 

2,485,000

 

      Subd. 4.  Fiscal Agent

 

31,433,000

 

26,083,000

 

The base for this appropriation is $15,583,000 in fiscal year 2026 and $15,333,000 in fiscal year 2027.

 

The appropriations under this subdivision are to the commissioner of administration for the following purposes specified.

 

In-Lieu of Rent.  $11,129,000 each year is for space costs of the legislature and veterans organizations, ceremonial space, and statutorily free space.


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Public Television.  (a) $1,550,000 each year is for matching grants for public television.

 

(b) $250,000 each year is for public television equipment grants under Minnesota Statutes, section 129D.13.

 

(c) $1,500,000 each year is for block grants to public television stations under Minnesota Statutes, section 129D.13, for operational costs.  The base for this appropriation is $500,000 in fiscal year 2026 and thereafter.  Of this amount, up to three percent is for the commissioner of administration to administer the grants.

 

(d) The commissioner of administration must consider the recommendations of the Minnesota Public Television Association before allocating the amounts appropriated in paragraphs (a) to (c) for equipment or matching grants.

 

Public Radio.  (a) $1,742,000 the first year and $1,492,000 the second year are for community service grants to public educational radio stations.  This appropriation may be used to disseminate emergency information in foreign languages.  The base for this appropriation is $992,000 in fiscal year 2026 and $742,000 in fiscal year 2027.

 

(b) $142,000 each year is for equipment grants to public educational radio stations.  This appropriation may be used for the repair, rental, and purchase of equipment, including equipment under $500.

 

(c) $850,000 the first year and $1,000,000 the second year are for grants to public educational radio stations for the purchase of emergency equipment and increased cybersecurity and broadcast technology.  This is a onetime appropriation.

 

(d) $1,250,000 the first year is for grants to public educational radio stations to provide a diverse community radio news service.  This appropriation is available until June 30, 2027.

 

(e) $1,020,000 each year is for equipment grants to Minnesota Public Radio, Inc., including upgrades to Minnesota's Emergency Alert and AMBER Alert Systems.

 

(f) The appropriations in paragraphs (a) to (e) may not be used for indirect costs claimed by an institution or governing body.

 

(g) The commissioner of administration must consider the recommendations of the Association of Minnesota Public Educational Radio Stations before awarding grants under Minnesota Statutes, section 129D.14, using the appropriations in paragraphs (a) to (d).  No grantee is eligible for a grant unless they are a member of the Association of Minnesota Public Educational Radio Stations on or before July 1, 2023.


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(h) Any unencumbered balance remaining the first year for grants to public television or public radio stations does not cancel and is available for the second year.

 

Real Estate and Construction Services.  $12,000,000 the first year and $8,000,000 the second year are to facilitate space consolidation and the transition to a hybrid work environment, including but not limited to the design, remodel, equipping, and furnishing of the space.  This appropriation may also be used for relocation and rent loss.  This is a onetime appropriation and is available through June 30, 2027.

 

      Sec. 12.  CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD

 

$1,070,000

 

 

$510,000

 

The base for this appropriation in fiscal year 2026 and each year thereafter is $455,000.

 

$500,000 the first year is to support commemorative artwork activities.  This is a onetime appropriation and is available until June 30, 2028.

 

$130,000 in fiscal year 2024 and $55,000 in fiscal year 2025 are for mandatory zoning and design rules.  This is a onetime appropriation.

 

      Sec. 13.  MINNESOTA MANAGEMENT AND BUDGET

$52,558,000

 

$52,856,000

 

The base for this appropriation is $49,356,000 in fiscal year 2026 and thereafter.

 

(a) $466,000 in fiscal year 2024 and $622,000 in fiscal year 2025 are for the establishment of a statewide internal audit office.

 

(b) $2,700,000 each year is for the establishment of an enterprise accountability and performance unit.

 

(c) $1,000,000 each year is for administration and staffing of the Children's Cabinet established in Minnesota Statutes, section 4.045.

 

(d) $317,000 each year is to increase the agency's capacity to proactively raise awareness about the capital budget process and provide technical assistance around the requirements associated with the capital budget process and receiving general fund or general obligation bond funding for capital projects, including compliance requirements that must be met at various stages of capital project development, with particular focus on nonprofits, American Indian communities, and communities of color that have traditionally not participated in the state capital budget process.  This appropriation may also be used to increase the agency's capacity to coordinate with other state agencies regarding the administration of grant agreements, programs, and technical assistance related to capital projects governed by the provisions of Minnesota Statutes, chapter 16A, and other applicable laws and statutes.


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           Sec. 14.  REVENUE

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$194,566,000

 

$203,778,000

 

The base for this appropriation is $203,728,000 in fiscal year 2026 and thereafter.

 

Appropriations by Fund

 

 

2024

 

2025

General

190,306,000

199,518,000

Health Care Access

1,760,000

1,760,000

Highway User Tax

 Distribution

 

2,195,000

 

2,195,000

Environmental

305,000

305,000

 

      Subd. 2.  Tax System Management

 

161,715,000

 

168,851,000

 

The base for this appropriation is $168,749,000 in fiscal year 2026 and $168,823,000 in fiscal year 2027.

 

Appropriations by Fund

 

General

157,455,000

164,591

Health Care Access

1,760,000

1,760,000

Highway User Tax

 Distribution

 

2,195,000

 

2,195,000

Environmental

305,000

305,000

 

 

 

Taxpayer Assistance.  (a) $750,000 each year is for the commissioner of revenue to make grants to one or more eligible organizations, qualifying under section 7526A(e)(2)(B) of the Internal Revenue Code of 1986 to coordinate, facilitate, encourage, and aid in the provision of taxpayer assistance services.  The unencumbered balance in the first year does not cancel but is available for the second year.

 

(b) For purposes of this section, "taxpayer assistance services" means accounting and tax preparation services provided by volunteers to low-income, elderly, and disadvantaged Minnesota residents to help them file federal and state income tax returns and Minnesota property tax refund claims and to provide personal representation before the Department of Revenue and Internal Revenue Service.

 

      Subd. 3.  Debt Collection Management

 

32,851,000

 

34,927,000

 

The base for this appropriation is $34,979,000 in fiscal year 2026 and $34,905,000 in fiscal year 2027.


Journal of the House - 48th Day - Thursday, April 13, 2023 - Top of Page 4588

           Sec. 15.  GAMBLING CONTROL BOARD

 

$6,362,000

 

$6,331,000

 

These appropriations are from the lawful gambling regulation account in the special revenue fund.

 

      Sec. 16.  RACING COMMISSION

 

$1,933,000

 

$954,000

 

Appropriations by Fund

 

General

1,000,000

-0-

Special Revenue

933,000

954,000

 

The special revenue fund appropriations are from the racing and card playing regulation accounts in the special revenue fund.

 

$1,000,000 in fiscal year 2024 from the general fund is for costs related to the federal Horseracing Integrity and Safety Act.

 

      Sec. 17.  STATE LOTTERY

 

 

 

 

 

Notwithstanding Minnesota Statutes, section 349A.10, subdivision 3, the State Lottery's operating budget must not exceed $40,000,000 in fiscal year 2024 and $40,000,000 in fiscal year 2025.

 

      Sec. 18.  AMATEUR SPORTS COMMISSION

 

$1,229,000

 

$391,000

 

$850,000 the first year is for upgrades necessary to support the installation of solar panels on the roof of the ice arena complex at the National Sports Center.

 

      Sec. 19.  COUNCIL FOR MINNESOTANS OF AFRICAN HERITAGE

 

$795,000

 

 

$816,000

 

      Sec. 20.  COUNCIL ON LATINO AFFAIRS

 

$664,000

 

$680,000

 

      Sec. 21.  COUNCIL ON ASIAN-PACIFIC MINNESOTANS

$623,000

 

$645,000

 

      Sec. 22.  INDIAN AFFAIRS COUNCIL

 

$1,337,000

 

$1,360,000

 

      Sec. 23.  MINNESOTA HISTORICAL SOCIETY

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$26,001,000

 

$26,957,000

 

The base for this appropriation in fiscal year 2026 and each year thereafter is $26,457,000.

 

The amounts that may be spent for each purpose are specified in the following subdivisions.


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           Subd. 2.  Operations and Programs

 

25,680,000

 

26,636,000

 

Notwithstanding Minnesota Statutes, section 138.668, the Minnesota Historical Society may not charge a fee for its general tours at the Capitol, but may charge fees for special programs other than general tours.

 

(a) $375,000 each year is to support statewide historic sites and museums and enhance in-person school programs.

 

(b) $45,000 the first year is for the State Emblems Redesign Commission.

 

(c) The base for this appropriation in fiscal year 2026 and each year thereafter is $26,136,000.

 

      Subd. 3.  Fiscal Agent

 

321,000

 

321,000

 

(a) Global Minnesota

 

39,000

 

39,000

 

(b) Minnesota Air National Guard Museum

 

17,000

 

17,000

 

(c) Hockey Hall of Fame

 

100,000

 

100,000

 

(d) Farmamerica

 

115,000

 

115,000

 

(e) Minnesota Military Museum

 

50,000

 

50,000

 

Any unencumbered balance remaining in this subdivision the first year does not cancel but is available for the second year of the biennium.

 

      Sec. 24.  BOARD OF THE ARTS

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$7,774,000

 

$7,787,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Operations and Services

 

835,000

 

848,000

 

      Subd. 3.  Grants Program

 

4,800,000

 

4,800,000

 

      Subd. 4.  Regional Arts Councils

 

2,139,000

 

2,139,000

 

Any unencumbered balance remaining in this section the first year does not cancel, but is available for the second year.

 

Money appropriated in this section and distributed as grants may only be spent on projects located in Minnesota.  A recipient of a grant funded by an appropriation in this section must not use more than ten percent of the total grant for costs related to travel outside the state of Minnesota.


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           Sec. 25.  MINNESOTA HUMANITIES CENTER

 

$3,470,000

 

$3,470,000

 

$500,000 each year is for Healthy Eating, Here at Home grants under Minnesota Statutes, section 138.912.  No more than three percent of the appropriation may be used for the nonprofit administration of the program.  The base for this appropriation in fiscal year 2026 and each year thereafter is $631,000.

 

$2,500,000 each year is for civility and cultural awareness programs and grants.  If the center awards grants, it may retain up to five percent of the amount allocated to grants for administrative costs associated with the grants.  This is a onetime appropriation and is available until June 30, 2027.

 

      Sec. 26.  BOARD OF ACCOUNTANCY

 

$844,000

 

$859,000

 

      Sec. 27.  BOARD OF ARCHITECTURE ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN

 

 

$893,000

 

 

 

$913,000

 

      Sec. 28.  BOARD OF COSMETOLOGIST EXAMINERS

$3,379,000

 

$3,599,000

 

      Sec. 29.  BOARD OF BARBER EXAMINERS

 

$442,000

 

$452,000

 

      Sec. 30.  GENERAL CONTINGENT ACCOUNTS

 

$2,500,000

 

$2,000,000

 

Appropriations by Fund

 

 

2024

 

2025

General

2,000,000

1,500,000

State Government

 Special Revenue

 

400,000

 

400,000

Workers' Compensation

100,000

100,000

 

(a) The appropriations in this section may only be spent with the approval of the governor after consultation with the Legislative Advisory Commission pursuant to Minnesota Statutes, section 3.30.  The general fund base is $1,000,000 in fiscal year 2026 and $1,500,000 in fiscal year 2027.

 

(b) If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.

 

(c) If a contingent account appropriation is made in one fiscal year, it should be considered a biennial appropriation.

 

      Sec. 31.  TORT CLAIMS

 

$161,000

 

$161,000

 

These appropriations are to be spent by the commissioner of management and budget according to Minnesota Statutes, section 3.736, subdivision 7.  If the appropriation for either year is insufficient, the appropriation for the other year is available both years.


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           Sec. 32.  MINNESOTA STATE RETIREMENT SYSTEM

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$14,543,000

 

$14,372,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Combined Legislators and Constitutional Officers Retirement Plan

 

8,543,000

 

 

8,372,000

 

Under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.115.

 

If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.

 

      Subd. 3.  Judges Retirement Plan

 

6,000,000

 

6,000,000

 

For transfer to the judges retirement fund under Minnesota Statutes, section 490.123.  This transfer continues each fiscal year until the judges retirement plan reaches 100 percent funding as determined by an actuarial valuation prepared according to Minnesota Statutes, section 356.214.

 

      Sec. 33.  PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

 

$25,000,000

 

 

$25,000,000

 

(a) $9,000,000 the first year and $9,000,000 the second year are for direct state aid to the public employees police and fire retirement plan authorized under Minnesota Statutes, section 353.65, subdivision 3b.

 

(b) State payments from the general fund to the Public Employees Retirement Association on behalf of the former MERF division account are $16,000,000 on September 15, 2024, and $16,000,000 on September 15, 2025.  These amounts are estimated to be needed under Minnesota Statutes, section 353.505.

 

      Sec. 34.  TEACHERS RETIREMENT ASSOCIATION

$29,831,000

 

$29,831,000

 

The amounts estimated to be needed are as follows:

 

Special Direct State Aid.  $27,331,000 each year is for special direct state aid authorized under Minnesota Statutes, section 354.436.

 

Special Direct State Matching Aid.  $2,500,000 each year is for special direct state matching aid authorized under Minnesota Statutes, section 354.435.

 

      Sec. 35.  ST. PAUL TEACHERS RETIREMENT FUND

$14,827,000

 

$14,827,000

 

The amounts estimated to be needed for special direct state aid to the first class city teachers retirement fund association authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c.


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Sec. 36.  REDUCTION IN APPROPRIATION AND CANCELLATION; COVID-19 MANAGEMENT.

 

The fiscal year 2022 general fund appropriation in Laws 2022, chapter 50, article 3, section 1, is reduced by $58,334,000 and that amount is canceled to the general fund.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 37.  APPROPRIATION REDUCTION FOR EXECUTIVE AGENCIES.

 

(a) The commissioner of management and budget must reduce general fund appropriations to executive agencies for agency operations for the biennium ending June 30, 2025, by $8,672,000 due to savings from reduced transfers to the Governor's Office account in the special revenue fund.

 

(b) If savings are obtained through reduced transfers from nongeneral funds other than those established in the state constitution or protected by federal law, the commissioner of management and budget may transfer the amount of savings to the general fund.  The amount transferred to the general fund from other funds reduces the required general fund reduction in this section.  Reductions made in 2025 must be reflected as reductions in agency base budgets for fiscal years 2026 and 2027.

 

Sec. 38.  CAPITOL MALL DESIGN FRAMEWORK.

 

$1,000,000 in fiscal year 2023 is appropriated from the general fund to the Capitol Area Architectural and Planning Board to update the Capitol Mall Design Framework and for initial implementation of the framework.  This is a onetime appropriation and is available until December 31, 2024.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 39.  SCIENCE MUSEUM OF MINNESOTA REVENUE RECOVERY.

 

$500,000 in fiscal year 2024 and $250,000 in fiscal year 2025 are appropriated from the general fund to the Science Museum of Minnesota for revenue recovery.  This is a onetime appropriation.

 

Sec. 40.  OFFICE OF ADMINISTRATIVE HEARINGS; DEFICIENCY APPROPRIATION.

 

$196,000 in fiscal year 2023 is appropriated from the general fund to the Office of Administrative Hearings to maintain fair, timely, and impartial hearings in campaign and data practices matters.  This is a onetime appropriation and is available until June 30, 2025.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 41.  ST. ANTHONY FALLS STUDY.

 

$1,000,000 in fiscal year 2024 is appropriated from the general fund to the Board of Regents of the University of Minnesota for a geophysical study and hazard assessment of the St. Anthony Falls area and St. Anthony Falls cutoff wall.  The study must include a field-based investigation of the cutoff wall and other subsurface structures, modeling of the surrounding area, examination of public safety and infrastructure risks posed by potential failure of the cutoff wall or surrounding area, and emergency response plan for identified risks.  By conducting this study, the Board of Regents does not consent to accepting liability for the current condition or risks posed by a potential failure of the cutoff wall.  By July 1, 2025, the Board of Regents must submit a report to the legislative committees with jurisdiction over state and local government policy and finance.  This appropriation is available until June 30, 2025.

 

Sec. 42.  STATE FACILITIES ASSET PRESERVATION.

 

$7,019,000 is transferred from the general fund to the asset preservation account in the special revenue fund established in Minnesota Statutes, section 16B.24, subdivision 5, paragraph (d).


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ARTICLE 2

STATE AND LOCAL GOVERNMENT POLICY

 

Section 1.  Minnesota Statutes 2022, section 1.135, subdivision 2, is amended to read:

 

Subd. 2.  Official seal.  The seal described in subdivision 3 3a is the "Great Seal of the State of Minnesota." When the seal, the impression of the seal, the scene within the seal, or its likeness is reproduced at state expense, it must conform to subdivision 3 and section 4.04.  A seal, impression, scene, or likeness which does not conform to these provisions is not official.

 

EFFECTIVE DATE.  This section is effective May 11, 2024.

 

Sec. 2.  Minnesota Statutes 2022, section 1.135, is amended by adding a subdivision to read:

 

Subd. 3a.  Official seal; May 11, 2024, and thereafter.  The Great Seal of the State of Minnesota is the design as certified in the report of the State Emblems Redesign Commission, as established by this act.

 

EFFECTIVE DATE.  This section is effective May 11, 2024.

 

Sec. 3.  Minnesota Statutes 2022, section 1.135, subdivision 4, is amended to read:

 

Subd. 4.  Additional effects; size.  Every effort shall be made to reproduce the seal with justification to the 12 o'clock position and with attention to the authenticity of the illustrations used to create the scene within the seal.  The description of the scene in this section does not preclude the graphic inclusion of the effects of movement, sunlight, or falling water when the seal is reproduced.  Nor does.  This section does not prohibit the enlargement, proportioned reduction, or embossment of the seal for its use in unofficial acts.

 

EFFECTIVE DATE.  This section is effective May 11, 2024.

 

Sec. 4.  Minnesota Statutes 2022, section 1.135, subdivision 6, is amended to read:

 

Subd. 6.  State's duties.  State agencies and departments using the seal, its impression, the scene within the seal or its likeness shall make every effort to bring any seal, impression, scene, or likeness currently fixed to a permanent object into accordance with this section and section 4.04.  Expendable material to which the seal in effect prior to May 11, 2024, or any impression, scene, or likeness of that seal is currently affixed may be used until the supply is exhausted or until January 1, 2025, whichever occurs first.  All unused dies and engravings of the Great Seal shall be given to the Minnesota Historical Society, along with all historical information available about the seal, to be retained in the society's permanent collection.

 

EFFECTIVE DATE.  This section is effective May 11, 2024.

 

Sec. 5.  Minnesota Statutes 2022, section 1.141, subdivision 1, is amended to read:

 

Subdivision 1.  Adoption.  The design of the state flag proposed by the Legislative Interim Commission acting under Laws 1955, chapter 632, as certified in the report of the State Emblems Redesign Commission, as established by this act, is adopted as the official state flag.

 

EFFECTIVE DATE.  This section is effective May 11, 2024.

 

Sec. 6.  Minnesota Statutes 2022, section 3.099, subdivision 3, is amended to read:

 

Subd. 3.  Leaders.  The senate Committee on Rules and Administration for the senate and the house of representatives Committee on Rules and Legislative Administration for the house of representatives may each designate for their respective body up to three five leadership positions to receive up to 140 percent of the compensation of other members.


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At the commencement of each biennial legislative session, each house of the legislature shall adopt a resolution designating its majority and minority leader.

 

The majority leader is the person elected by the caucus of members in each house which is its largest political affiliation.  The minority leader is the person elected by the caucus which is its second largest political affiliation.

 

Sec. 7.  [3.1985] LEGISLATIVE FUNDING; APPROPRIATION.

 

Subdivision 1.  Definition.  As used in this section, "sums sufficient to operate" means funds necessary to support the functions of the respective entity receiving the appropriation.  These sums may include but are not limited to those necessary for member and employee compensation and expenses, supplies and facilities management, safety and security, payments required under lease agreements for real property, and other expenses associated with legislative sessions, interim activities, public hearings, public outreach, and related activities.

 

Subd. 2.  House of representatives.  (a) Sums sufficient to operate the house of representatives are appropriated from the general fund or other funds, as appropriate, to the house of representatives.

 

(b) No later than June 30 of each odd-numbered year, the controller of the house of representatives must certify to the commissioner of management and budget the amounts to be appropriated under this section for the fiscal year beginning July 1 of the same odd-numbered year.

 

(c) No later than October 15 and January 15 of each year, the controller of the house of representatives must certify to the commissioner of management and budget any changes to the current biennium's appropriations.  Certifications provided by October 15 of an even-numbered year and January 15 of an odd-numbered year must include estimated amounts to be appropriated for the fiscal biennium beginning the next July 1.

 

(d) Amounts certified under paragraphs (b) and (c) must be the amounts determined by a majority vote conducted during a public meeting of the house of representatives Committee on Rules and Legislative Administration.  The committee must accept public comment on the proposed amounts.

 

(e) At any time between the date funds are certified under this subdivision and the last date for adjusting the certified amount, the Legislative Advisory Commission may convene a meeting to review and provide advice on the certified amount.  At its discretion, the Committee on Rules and Legislative Administration may incorporate the advice of the commission when making an adjustment to the certified amount.

 

Subd. 3.  Senate.  (a) Sums sufficient to operate the senate are appropriated from the general fund or other funds, as appropriate, to the senate.

 

(b) No later than June 30 of each odd-numbered year, the secretary of the senate must certify to the commissioner of management and budget the amounts to be appropriated under this section for the fiscal year beginning July 1 of the same odd-numbered year.

 

(c) No later than October 15 and January 15 of each year, the secretary of the senate must certify to the commissioner of management and budget any changes to the current biennium's appropriations.  Certifications provided by October 15 of an even-numbered year and January 15 of an odd-numbered year must include estimated amounts to be appropriated for the fiscal biennium beginning the next July 1.

 

(d) Amounts certified under paragraphs (b) and (c) must be the amounts determined by a majority vote conducted during a public meeting of the senate Committee on Rules and Administration.  The committee must accept public comment on the proposed amounts.


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(e) At any time between the date funds are certified under this subdivision and the last date for adjusting the certified amount, the Legislative Advisory Commission may convene a meeting to review and provide advice on the certified amount.  At its discretion, the senate Committee on Rules and Administration may incorporate the advice of the commission when making an adjustment to the certified amount.

 

Subd. 4.  Legislative Coordinating Commission.  (a) Sums sufficient to operate the Legislative Coordinating Commission are appropriated from the general fund or other funds, as appropriate, to the Legislative Coordinating Commission.

 

(b) No later than June 30 of each odd-numbered year, the executive director of the Legislative Coordinating Commission must certify to the commissioner of management and budget the amounts to be appropriated under this section for the fiscal biennium beginning July 1 of the same odd-numbered year.

 

(c) No later than October 15 and January 15 of each year, the executive director must certify to the commissioner of management and budget any changes to the current biennium's appropriations.  Certifications provided by October 15 of an even-numbered year and January 15 of an odd-numbered year must include estimated amounts to be appropriated for the fiscal biennium beginning the next July 1.

 

(d) The amounts certified under paragraphs (b) and (c) must be the amounts recommended by the Legislative Coordinating Commission by majority vote in a public meeting, and approved by majority votes of both the house Committee on Rules and Legislative Administration and the senate Committee on Rules and Administration in public meetings.  The commission and committees must accept public comment on the proposed amounts in the meetings where the amounts are recommended or approved.  The total amount certified must identify specific amounts appropriated for each of the following joint legislative offices:

 

(1) the Legislative Budget Office;

 

(2) the Legislative Coordinating Commission;

 

(3) the Legislative Reference Library;

 

(4) the Office of the Legislative Auditor; and

 

(5) the Office of the Revisor of Statutes.

 

Subd. 5.  Other appropriations.  Nothing in this section precludes the house of representatives, the senate, or a joint legislative office or commission of the Legislative Coordinating Commission from receiving a direct appropriation by law or another statutory appropriation for a specific purpose provided in the direct or statutory appropriation.  If the house of representatives, the senate, or a joint legislative office or commission receives a direct or statutory appropriation, the amount appropriated is distinct from and must not be considered during the biennial appropriation certification process under subdivision 2, 3, or 4.

 

EFFECTIVE DATE; APPLICABILITY.  This section is effective July 1, 2025, and applies to appropriations for fiscal years 2026 and thereafter.

 

Sec. 8.  Minnesota Statutes 2022, section 3.97, subdivision 2, is amended to read:

 

Subd. 2.  Membership; terms; meetings; compensation; powers.  The Legislative Audit Commission consists of:

 

(1) three members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate majority leader;


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(2) three members of the senate appointed by the senate minority leader;

 

(3) three members of the house of representatives appointed by the speaker of the house; and

 

(4) three members of the house of representatives appointed by the house of representatives minority leader.

 

Members shall serve until replaced, or until they are not members of the legislative body from which they were appointed.  Appointing authorities shall fill vacancies on the commission within 30 days of a vacancy being created.

 

The commission shall meet in January of each odd-numbered year to elect its chair and vice-chair.  They shall serve until successors are elected.  The chair and vice-chair shall alternate biennially between the senate and the house of representatives, and shall be of different political parties.  The commission shall meet at the call of the chair.  The members shall serve without compensation but be reimbursed for their reasonable expenses as members of the legislature.  The commission may exercise the powers prescribed by section 3.153.

 

Sec. 9.  Minnesota Statutes 2022, section 3.972, subdivision 3, is amended to read:

 

Subd. 3.  Audit contracts.  Notwithstanding any other law, A state department, board, commission, or other state agency shall not negotiate a contract contracting with a public accountant for an audit, except a contract negotiated by the state auditor for an audit of a local government, unless the contract has been reviewed by the legislative auditor.  The legislative auditor shall not participate in the selection of the public accountant but shall review and submit written comments on the proposed contract within seven days of its receipt.  Upon completion of the audit, the legislative auditor shall be given must provide the legislative auditor with a copy of the final report of the audit upon completion of the audit.

 

Sec. 10.  Minnesota Statutes 2022, section 3.978, subdivision 2, is amended to read:

 

Subd. 2.  Inquiry and inspection power; duty to aid legislative auditor.  All public officials and their deputies and employees, and all corporations, firms, and individuals having business involving the receipt, disbursement, or custody of public funds shall at all times:  (1) afford reasonable facilities for examinations by the legislative auditor, make; (2) provide returns and reports required by the legislative auditor,; (3) attend and answer under oath the legislative auditor's lawful inquiries,; (4) produce and exhibit all books, accounts, documents, data of any classification, and property that the legislative auditor requests to inspect,; and (5) in all things cooperate with the legislative auditor.

 

Sec. 11.  Minnesota Statutes 2022, section 3.979, subdivision 2, is amended to read:

 

Subd. 2.  Access to data by commission members.  Members of the commission have access to not public data that is collected or used by the legislative auditor and classified as not public or as private or confidential only as authorized by resolution of the commission.  The commission may not authorize its members to have access to private or confidential data on individuals collected or used in connection with the collection of any tax.

 

Sec. 12.  Minnesota Statutes 2022, section 3.979, subdivision 3, is amended to read:

 

Subd. 3.  Audit data.  (a) "Audit" as used in this subdivision means a financial audit, program evaluation, special review, or investigation, or assessment of an allegation or report submitted to the legislative auditor.  Notwithstanding any other law, data relating to an audit are not public or with respect to data on individuals are confidential or protected nonpublic until the final report of the audit has been released by the legislative auditor or the audit is no longer being actively pursued.  Upon release of a final audit report by the legislative auditor, data relating to an audit are public except data otherwise classified as not public.  Unless the data is subject to a more restrictive classification by another law, upon the legislative auditor's decision to no longer actively pursue an audit without the release of a final audit report, data relating to an audit are private or nonpublic.


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(b) Data related to an audit but not published in the audit report and that the legislative auditor reasonably believes will be used in litigation are not public and with respect to data on individuals are confidential or protected nonpublic until the litigation has been completed or is no longer being actively pursued.

 

(c) Data that could reasonably be used to determine the identity of an individual or entity supplying data for an audit are private or nonpublic if the data supplied by the individual were needed for an audit and the individual would not have been provided the data to the legislative auditor without an assurance that the individual's identity of the individual or entity would remain private or nonpublic, or the legislative auditor reasonably believes that the subject data would not have been provided the data.

 

(d) The definitions of terms provided in section 13.02 apply for purposes of this subdivision Data related to an audit that were obtained from a nongovernmental entity have the classification that the data would have if obtained from the government entity for which the data were created, collected, or maintained by the nongovernmental entity.

 

(e) The legislative auditor may disseminate data of any classification to:

 

(1) a government entity, other than a law enforcement agency or prosecuting authority, if the dissemination of the data aids a pending audit; or

 

(2) a law enforcement agency or prosecuting authority if there is reason to believe that the data are evidence of criminal activity within the agency's or authority's jurisdiction.

 

Notwithstanding the classification of data as confidential or protected nonpublic, an individual or entity who supplies information for an audit may authorize the legislative auditor to release data that would identify the individual or entity for the purpose of conducting the audit.  Data disseminated pursuant to this paragraph are subject to section 13.03, subdivision 4, paragraph (c).

 

Sec. 13.  Minnesota Statutes 2022, section 3.979, is amended by adding a subdivision to read:

 

Subd. 6.  Definitions.  The definitions of terms provided in section 13.02 apply for purposes of this section.

 

Sec. 14.  Minnesota Statutes 2022, section 4.045, is amended to read:

 

4.045 CHILDREN'S CABINET.

 

The Children's Cabinet shall consist of the commissioners of education, human services, employment and economic development, public safety, corrections, management and budget, health, administration, Housing Finance Agency, and transportation, and the director of the Office of Strategic and Long-Range Planning.  The governor shall designate one member to serve as cabinet chair.  The chair is responsible for ensuring that the duties of the Children's Cabinet are performed.

 

Sec. 15.  Minnesota Statutes 2022, section 10.44, is amended to read:

 

10.44 HOUSE, SENATE, COURT, ELECTED OFFICE BUDGETS; HOW TREATED.

 

The budgets of the house of representatives, senate, constitutional officers, district courts, court of appeals, and supreme court must be submitted to and considered by the appropriate committees of the legislature in the same manner as the budgets of executive agencies.

 

EFFECTIVE DATE.  This section is effective and applies to budgets proposed for fiscal years 2026 and thereafter.


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Sec. 16.  Minnesota Statutes 2022, section 10.45, is amended to read:

 

10.45 BUDGETS; INFORMATION.

 

The budgets of the house of representatives, the senate, the Legislative Coordinating Commission, each constitutional officer, the district courts, court of appeals, and supreme court shall be public information and shall be divided into expense categories.  The categories shall include, among others, travel and telephone expenses.

 

EFFECTIVE DATE.  This section is effective and applies to budgets adopted for fiscal years 2026 and thereafter.

 

Sec. 17.  Minnesota Statutes 2022, section 15A.0815, subdivision 1, is amended to read:

 

Subdivision 1.  Salary limits.  The governor or other appropriate appointing authority shall set the salary rates for positions listed in this section within the salary limits listed in subdivisions 2 to 4.  The governor's or other appointing authority's action is subject to approval of the Legislative Coordinating Commission and the legislature as provided by subdivision 5 and section 3.855 based upon the salaries prescribed by the Compensation Council established under section 15A.082.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to salary rates adopted by the council for fiscal year 2024 and thereafter.

 

Sec. 18.  Minnesota Statutes 2022, section 15A.0815, subdivision 2, is amended to read:

 

Subd. 2.  Group I salary limits Agency head salaries.  The salary for a position listed in this subdivision shall not exceed 133 percent of the salary of the governor.  This limit must be adjusted annually on January 1.  The new limit must equal the limit for the prior year increased by the percentage increase, if any, in the Consumer Price Index for all urban consumers from October of the second prior year to October of the immediately prior year be determined by the Compensation Council under section 15A.082.  The commissioner of management and budget must publish the limit salaries on the department's website.  This subdivision applies to the following positions:

 

Commissioner of administration;

 

Commissioner of agriculture;

 

Commissioner of education;

 

Commissioner of commerce;

 

Commissioner of corrections;

 

Commissioner of health;

 

Commissioner, Minnesota Office of Higher Education;

 

Commissioner, Minnesota IT Services;

 

Commissioner, Housing Finance Agency;

 

Commissioner of human rights;

 

Commissioner of human services;


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Commissioner of labor and industry;

 

Commissioner of management and budget;

 

Commissioner of natural resources;

 

Commissioner, Pollution Control Agency;

 

Commissioner of public safety;

 

Commissioner of revenue;

 

Commissioner of employment and economic development;

 

Commissioner of transportation; and

 

Commissioner of veterans affairs.;

 

Executive director of the Gambling Control Board;

 

Executive director of the Minnesota State Lottery;

 

Commissioner of Iron Range resources and rehabilitation;

 

Commissioner, Bureau of Mediation Services;

 

Ombudsman for mental health and developmental disabilities;

 

Ombudsperson for corrections;

 

Chair, Metropolitan Council;

 

Chair, Metropolitan Airports Commission;

 

School trust lands director;

 

Executive director of pari-mutuel racing; and

 

Commissioner, Public Utilities Commission.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to salary rates adopted by the council for fiscal year 2024 and thereafter.

 

Sec. 19.  Minnesota Statutes 2022, section 15A.082, subdivision 1, is amended to read:

 

Subdivision 1.  Creation.  A Compensation Council is created each odd-numbered year to assist the legislature in establishing establish the compensation of constitutional officers, justices of the supreme court, judges of the court of appeals and district court, and the heads of state and metropolitan agencies included in section 15A.0815.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to salary rates adopted by the council for fiscal year 2024 and thereafter.


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Sec. 20.  Minnesota Statutes 2022, section 15A.082, subdivision 2, is amended to read:

 

Subd. 2.  Membership.  The Compensation Council consists of 16 members:  eight nonjudges appointed by the chief justice of the supreme court, of whom no more than four may belong to the same political party; and one member from each congressional district appointed by the governor, of whom no more than four may belong to the same political party.  Appointments must be made after the first Monday in January and before January 15 31.  The compensation and removal of members appointed by the governor or the chief justice shall be as provided in section 15.059, subdivisions 3 and 4.  The Legislative Coordinating Commission shall provide the council with administrative and support services.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to salary rates adopted by the council for fiscal year 2024 and thereafter.

 

Sec. 21.  Minnesota Statutes 2022, section 15A.082, subdivision 3, is amended to read:

 

Subd. 3.  Submission of recommendations.  (a) By April May 1 in each odd-numbered year, the Compensation Council shall submit to the speaker of the house and the president of the senate salary recommendations must prescribe salaries for constitutional officers, justices of the supreme court, and judges of the court of appeals and district court, and for the agency and metropolitan agency heads identified in section 15A.0815.  The recommended prescribed salary for each other office must take effect on the first Monday in January of the next odd-numbered year, with no more than one adjustment, to take effect on January 1 of the year after that.  The salary recommendations for judges and constitutional officers take effect if an appropriation of money to pay the recommended salaries is enacted after the recommendations are submitted and before their effective date.  Recommendations may be expressly modified or rejected July 1 of that year and July 1 of the subsequent even‑numbered year and at whatever interval the Compensation Council determines thereafter, unless the legislature by law provides otherwise.

 

(b) The council shall also submit to the speaker of the house and the president of the senate recommendations for the salary ranges of the heads of state and metropolitan agencies, to be effective retroactively from January 1 of that year if enacted into law.  The recommendations shall include the appropriate group in section 15A.0815 to which each agency head should be assigned and the appropriate limitation on the maximum range of the salaries of the agency heads in each group, expressed as a percentage of the salary of the governor.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to salary rates adopted by the council for fiscal year 2024 and thereafter.

 

Sec. 22.  Minnesota Statutes 2022, section 15A.082, subdivision 4, is amended to read:

 

Subd. 4.  Criteria.  In making compensation recommendations determinations, the council shall consider the amount of compensation paid in government service and the private sector to persons with similar qualifications, the amount of compensation needed to attract and retain experienced and competent persons, and the ability of the state to pay the recommended compensation.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to salary rates adopted by the council for fiscal year 2024 and thereafter.

 

Sec. 23.  [16A.091] ACCOUNTABILITY AND PERFORMANCE MANAGEMENT.

 

(a) The commissioner of management and budget is responsible for the coordination, development, assessment, and communication of information, performance measures, planning, and policy concerning the state's future.

 

(b) The commissioner must develop a statewide system of economic, social, and environmental performance measures.  The commissioner must provide information to assist public and elected officials with understanding the status of these performance measures.


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Sec. 24.  Minnesota Statutes 2022, section 16A.122, subdivision 2, is amended to read:

 

Subd. 2.  Transfers from grants prohibited.  Unless otherwise provided by law or section 16B.98, subdivision 14, an agency must not use grant or flow-through funds for salaries or other operating purposes.

 

Sec. 25.  Minnesota Statutes 2022, section 16A.126, subdivision 1, is amended to read:

 

Subdivision 1.  Set rates.  The commissioner shall approve the rates an agency must pay to a revolving fund for services.  Funds subject to this subdivision include, but are not limited to, the revolving funds established in sections 14.46; 14.53; 16B.2975, subdivision 4; 16B.48; 16B.54; 16B.58; 16B.85; 16E.14; 43A.55; and 176.591; and the fund established in section 43A.30; and the account established in section 16A.1286.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 26.  Minnesota Statutes 2022, section 16A.1286, subdivision 2, is amended to read:

 

Subd. 2.  Billing procedures.  The commissioner may bill up to $10,000,000 in each fiscal year for statewide systems services provided to state agencies, judicial branch agencies, the University of Minnesota in the executive, legislative, and judicial branches, the Minnesota State Colleges and Universities, and other entities.  Each entity shall be billed based on that entity's usage of the statewide systems.  Each agency shall transfer from agency operating appropriations to the statewide systems account the amount billed by the commissioner.  Billing policies and procedures related to statewide systems services must be developed by the commissioner in consultation with the commissioners of management and budget and administration, the University of Minnesota, and the Minnesota State Colleges and Universities.  The commissioner shall develop billing policies and procedures.

 

EFFECTIVE DATE.  This section is effective July 1, 2025.

 

Sec. 27.  Minnesota Statutes 2022, section 16A.152, subdivision 4, is amended to read:

 

Subd. 4.  Reduction.  (a) If the commissioner determines that probable receipts for the general fund will be less than anticipated, and that the amount available for the remainder of the biennium will be less than needed, the commissioner shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, reduce the amount in the budget reserve account as needed to balance expenditures with revenue.

 

(b) An additional deficit shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, be made up by reducing unexpended allotments of any prior appropriation or transfer.  Notwithstanding any other law to the contrary, the commissioner is empowered to defer or suspend prior statutorily created obligations which would prevent effecting such reductions.

 

(c) If the commissioner determines that probable receipts for any other fund, appropriation, or item will be less than anticipated, and that the amount available for the remainder of the term of the appropriation or for any allotment period will be less than needed, the commissioner shall notify the agency concerned and then reduce the amount allotted or to be allotted so as to prevent a deficit.

 

(d) In reducing allotments, the commissioner may consider other sources of revenue available to recipients of state appropriations and may apply allotment reductions based on all sources of revenue available.

 

(e) In like manner, the commissioner shall reduce allotments to an agency by the amount of any saving that can be made over previous spending plans through a reduction in prices or other cause.

 

(f) The commissioner is prohibited from reducing an allotment or appropriation made under section 3.1985.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 28.  [16B.373] OFFICE OF ENTERPRISE TRANSLATIONS.

 

Subdivision 1.  Office establishment.  (a) The commissioner shall establish an Office of Enterprise Translations.  The office must:

 

(1) provide translation services for written material for executive agencies;

 

(2) create and maintain language-specific landing webpages in Spanish, Hmong, and Somali and other languages that may be determined by the commissioner, in consultation with the state demographer, with links to translated materials at state agency websites; and

 

(3) serve as a resource to executive agencies in areas such as best practices and standards for the translation of written materials.

 

(b) The commissioner shall determine the process and requirements for state agencies to request translations of written materials.

 

Subd. 2.  Language access service account established.  The language access service account is created in the special revenue fund for reimbursing state agencies for expenses incurred in providing language translation services.

 

Sec. 29.  Minnesota Statutes 2022, section 16B.97, subdivision 2, is amended to read:

 

Subd. 2.  Grants governance.  The commissioner shall provide leadership and direction for policy related to grants management in Minnesota in order to foster more consistent, streamlined interaction between executive agencies, funders, and grantees that will enhance access to grant opportunities and information and lead to greater program accountability and transparency.  The commissioner has the duties and powers stated in this section.  An Executive agency agencies shall fully cooperate with the commissioner in the creation, management, and oversight of state grants and must do what the commissioner requires under this section.  The commissioner may adopt rules to carry out grants governance, oversight, and management.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 30.  Minnesota Statutes 2022, section 16B.97, subdivision 3, is amended to read:

 

Subd. 3.  Discretionary powers.  The commissioner has the authority to:

 

(1) review grants management practices and propose establish and enforce policy and procedure improvements to the governor, legislature, executive agencies, and the federal government;

 

(2) sponsor, support, and facilitate innovative and collaborative grants management projects with public and private organizations;

 

(3) review, recommend, and implement alternative strategies for grants management;

 

(4) collect and disseminate information, issue reports relating to grants management, and sponsor and conduct conferences and studies; and

 

(5) participate in conferences and other appropriate activities related to grants management issues.;

 

(6) suspend or debar grantees from eligibility to receive state-issued grants for up to three years for reasons specified in Minnesota Rules, part 1230.1150, subpart 2.  A grantee may obtain an administrative hearing pursuant to sections 14.57 to 14.62 before a suspension or debarment is effective by filing a written request for hearing within 20 days of notification of suspension or debarment;


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(7) establish offices for the purpose of carrying out grants governance, oversight, and management; and

 

(8) require granting agencies to submit grant solicitation documents for review prior to issuance at dollar levels determined by the commissioner.

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 31.  Minnesota Statutes 2022, section 16B.97, subdivision 4, is amended to read:

 

Subd. 4.  Duties.  (a) The commissioner shall:

 

(1) create general grants management policies and procedures that are applicable to all executive agencies.  The commissioner may approve exceptions to these policies and procedures for particular grant programs.  Exceptions shall expire or be renewed after five years.  Executive agencies shall retain management of individual grants programs;

 

(2) provide a central point of contact concerning statewide grants management policies and procedures;

 

(3) serve as a resource to executive agencies in such areas as training, evaluation, collaboration, and best practices in grants management;

 

(4) ensure grants management needs are considered in the development, upgrade, and use of statewide administrative systems and leverage existing technology wherever possible;

 

(5) oversee and approve future professional and technical service contracts and other information technology spending related to executive agency grants management systems and activities;

 

(6) provide a central point of contact for comments about executive agencies violating statewide grants governance policies and about fraud and waste in grants processes;

 

(7) forward received comments to the appropriate agency for further action, and may follow up as necessary;

 

(8) provide a single listing of all available executive agency competitive grant opportunities and resulting grant recipients;

 

(9) selectively review development and implementation of executive agency grants, policies, and practices; and

 

(10) selectively review executive agency compliance with best practices.

 

(b) The commissioner may determine that it is cost-effective for agencies to develop and use shared grants management technology systems.  This system would be governed under section 16E.01, subdivision 3, paragraph (b).

 

EFFECTIVE DATE.  This section is effective August 1, 2023.

 

Sec. 32.  Minnesota Statutes 2022, section 16B.98, subdivision 5, is amended to read:

 

Subd. 5.  Creation and validity of grant agreements.  (a) A grant agreement is and amendments are not valid and the state is not bound by the grant them unless:

 

(1) the grant has they have been executed by the head of the agency or a delegate who is party to the grant;

 

(2) they have been approved by the commissioner;


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(3) the accounting system shows an encumbrance for the amount of the grant in accordance with policy approved by the commissioner except as provided in subdivision 11; and

 

(3) (4) the grant agreement includes an effective date that references either section 16C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting agency.

 

(b) The combined grant agreement and amendments must not exceed five years without specific, written approval by the commissioner according to established policy, procedures, and standards, or unless the commissioner determines that a longer duration is in the best interest of the state.

 

(c) A fully executed copy of the grant agreement with all amendments and other required records relating to the grant must be kept on file at the granting agency for a time equal to that required of grantees in subdivision 8.

 

(d) Grant agreements must comply with policies established by the commissioner for minimum grant agreement standards and practices.

 

(e) The attorney general may periodically review and evaluate a sample of state agency grants to ensure compliance with applicable laws.

 

EFFECTIVE DATE.  This section is effective April 1, 2024, and applies to grants issued on or after that date.

 

Sec. 33.  Minnesota Statutes 2022, section 16B.98, subdivision 6, is amended to read:

 

Subd. 6.  Grant administration.  A granting agency shall diligently administer and monitor any grant it has entered into.  The commissioner may require an agency to report to the commissioner at any time on the status of any grant to which the agency is a party.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to grants issued on or after that date.

 

Sec. 34.  Minnesota Statutes 2022, section 16B.98, subdivision 8, is amended to read:

 

Subd. 8.  Audit.  (a) A grant agreement made by an executive agency must include an audit clause that provides that the books, records, documents, and accounting procedures and practices of the grantee or other party that are relevant to the grant or transaction are subject to examination by the commissioner, the granting agency, and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years from the grant agreement end date, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later.  If a grant agreement does not include an express audit clause, the audit authority under this subdivision is implied.

 

(b) If the granting agency is a local unit of government, and the governing body of the local unit of government requests that the state auditor examine the books, records, documents, and accounting procedures and practices of the grantee or other party according to this subdivision, the granting agency shall be liable for the cost of the examination.  If the granting agency is a local unit of government, and the grantee or other party requests that the state auditor examine all books, records, documents, and accounting procedures and practices related to the grant, the grantee or other party that requested the examination shall be liable for the cost of the examination.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to grants issued on or after that date.

 

Sec. 35.  Minnesota Statutes 2022, section 16B.98, is amended by adding a subdivision to read:

 

Subd. 12.  Grantee evaluations.  (a) The head of the agency or delegate entering into a grant agreement in excess of $25,000 must submit a report to the commissioner who must make the report publicly available online.


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(b) The report must:

 

(1) summarize the purpose of the grant;

 

(2) state the amount provided to the grantee; and

 

(3) include a written performance evaluation of the work done under the grant.  The evaluation must include an appraisal of the grantee's timeliness, quality, and overall performance in meeting the terms and objectives of the grant.  Grantees may request copies of evaluations prepared under this subdivision and may respond in writing.  Grantee responses must be maintained with the grant file.

 

EFFECTIVE DATE.  This section is effective April 1, 2024, and applies to grants issued on or after that date.

 

Sec. 36.  Minnesota Statutes 2022, section 16B.98, is amended by adding a subdivision to read:

 

Subd. 13.  Limitations on actions.  No action may be maintained by a grantee against an employee or agency who discloses information about a current or former grantee under subdivision 12, unless the grantee demonstrates by clear and convincing evidence that:

 

(1) the information was false and defamatory;

 

(2) the employee or agency knew or should have known the information was false and acted with malicious intent to injure the current or former grantee; and

 

(3) the information was acted upon in a manner that caused harm to the current or former grantee.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to grants issued on or after that date.

 

Sec. 37.  Minnesota Statutes 2022, section 16B.98, is amended by adding a subdivision to read:

 

Subd. 14.  Administrative costs.  Unless amounts are otherwise appropriated for administrative costs, a state agency may retain up to five percent of the amount appropriated to the agency for grants enacted by the legislature and formula grants and up to ten percent for competitively awarded grants.  This subdivision applies to appropriations made for new grant programs enacted after the effective date of this subdivision.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to grants issued on or after that date.

 

Sec. 38.  Minnesota Statutes 2022, section 16B.991, is amended to read:

 

16B.991 TERMINATION OF GRANT.

 

Subdivision 1.  Criminal conviction.  Each grant agreement subject to sections 16B.97 and 16B.98 must provide that the agreement will immediately be terminated if the recipient is convicted of a criminal offense relating to a state grant agreement.

 

Subd. 2.  Authority.  A grant agreement must by its terms permit the commissioner to unilaterally terminate the grant agreement prior to completion if the commissioner determines that further performance under the grant agreement would not serve agency purposes or is not in the best interests of the state.

 

Sec. 39.  Minnesota Statutes 2022, section 16E.14, subdivision 4, is amended to read:

 

Subd. 4.  Cash flow.  (a) The commissioner of management and budget shall make appropriate transfers to the revolving fund when requested by the chief information officer.  The chief information officer may make allotments and encumbrances in anticipation of such transfers.  In addition, the chief information officer, with the approval of


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the commissioner of management and budget, may require an agency to make advance payments to the revolving fund sufficient to cover the office's estimated obligation for a period of at least 60 days.  All reimbursements and other money received by the chief information officer under this section must be deposited in the MNIT services revolving fund.

 

(b) Each biennium, the commissioner of management and budget is authorized to provide cash flow assistance from the special revenue fund or other statutory general fund as defined in section 16A.671, subdivision 3, paragraph (a), to the Department of Information Technology Services for the purpose of managing revenue and expenditure differences.  These funds shall be repaid with interest by the end of the closing period of the second fiscal year of the same biennium.

 

Sec. 40.  Minnesota Statutes 2022, section 16E.21, subdivision 1, is amended to read:

 

Subdivision 1.  Account established; appropriation.  The information and telecommunications technology systems and services account is created in the special revenue fund.  Receipts credited to the account are appropriated to the Department of Information Technology Services for the purpose of defraying the costs of personnel and technology for activities that create government efficiencies, secure state systems, or address project or product backlogs in accordance with this chapter.

 

Sec. 41.  Minnesota Statutes 2022, section 16E.21, subdivision 2, is amended to read:

 

Subd. 2.  Charges.  (a) Upon agreement of the participating agency, the Department of Information Technology Services may collect a charge or receive a fund transfer under section 16E.0466 for purchases of information and telecommunications technology systems and services by state agencies and other governmental entities through state contracts for purposes described in subdivision 1.  Charges collected under this section must be credited to the information and telecommunications technology systems and services account.

 

(b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating balance appropriated to a state agency may be transferred to the information and telecommunications technology systems and services account for the information technology cost of a specific project, product, or services, subject to the review of the Legislative Advisory Commission under subdivision 3.

 

Sec. 42.  [16E.35] COUNTY AND LOCAL CYBERSECURITY GRANTS.

 

Subdivision 1.  Cybersecurity grant program established.  The Department of IT Services may make grants to political subdivisions to support addressing cybersecurity risks and cybersecurity threats to information systems owned or operated by, or on behalf of, state, local, or Tribal governments, as provided in section 70612 of Public Law 117-58.

 

Subd. 2.  Match requirement.  The political subdivision receiving a grant must provide for the remainder of the costs of the project that exceed available state match appropriated funds, or that exceed goals defined in the statewide cybersecurity plan.

 

Subd. 3.  Criteria.  The department may set criteria for program priorities and standards of review.

 

Sec. 43.  Minnesota Statutes 2022, section 43A.08, subdivision 1, is amended to read:

 

Subdivision 1.  Unclassified positions.  Unclassified positions are held by employees who are:

 

(1) chosen by election or appointed to fill an elective office;

 

(2) heads of agencies required by law to be appointed by the governor or other elective officers, and the executive or administrative heads of departments, bureaus, divisions, and institutions specifically established by law in the unclassified service;


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(3) deputy and assistant agency heads and one confidential secretary in the agencies listed in subdivision 1a and in the Office of Strategic and Long-Range Planning;

 

(4) the confidential secretary to each of the elective officers of this state and, for the secretary of state and state auditor, an additional deputy, clerk, or employee;

 

(5) intermittent help employed by the commissioner of public safety to assist in the issuance of vehicle licenses;

 

(6) employees in the offices of the governor and of the lieutenant governor and one confidential employee for the governor in the Office of the Adjutant General;

 

(7) employees of the Washington, D.C., office of the state of Minnesota;

 

(8) employees of the legislature and of legislative committees or commissions; provided that employees of the Legislative Audit Commission, except for the legislative auditor, the deputy legislative auditors, and their confidential secretaries, shall be employees in the classified service;

 

(9) presidents, vice-presidents, deans, other managers and professionals in academic and academic support programs, administrative or service faculty, teachers, research assistants, and student employees eligible under terms of the federal Economic Opportunity Act work study program in the Perpich Center for Arts Education and the Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any professional or managerial employee performing duties in connection with the business administration of these institutions;

 

(10) officers and enlisted persons in the National Guard;

 

(11) attorneys, legal assistants, and three confidential employees appointed by the attorney general or employed with the attorney general's authorization;

 

(12) judges and all employees of the judicial branch, referees, receivers, jurors, and notaries public, except referees and adjusters employed by the Department of Labor and Industry;

 

(13) members of the State Patrol; provided that selection and appointment of State Patrol troopers must be made in accordance with applicable laws governing the classified service;

 

(14) examination monitors and intermittent training instructors employed by the Departments of Management and Budget and Commerce and by professional examining boards and intermittent staff employed by the technical colleges for the administration of practical skills tests and for the staging of instructional demonstrations;

 

(15) student workers;

 

(16) executive directors or executive secretaries appointed by and reporting to any policy-making board or commission established by statute;

 

(17) employees unclassified pursuant to other statutory authority;

 

(18) intermittent help employed by the commissioner of agriculture to perform duties relating to pesticides, fertilizer, and seed regulation;

 

(19) the administrators and the deputy administrators at the State Academies for the Deaf and the Blind; and

 

(20) chief executive officers in the Department of Human Services.


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Sec. 44.  Minnesota Statutes 2022, section 138.912, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment.  The healthy eating, here at home program is established to provide incentives for low-income Minnesotans to use federal Supplemental Nutrition Assistance Program (SNAP) benefits for healthy purchases at Minnesota-based farmers' markets, mobile markets, and direct-farmer sales, including community‑supported agriculture shares.

 

Sec. 45.  Minnesota Statutes 2022, section 138.912, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "Healthy eating, here at home" means a program administered by the Minnesota Humanities Center to provide incentives for low-income Minnesotans to use SNAP benefits for healthy purchases at Minnesota-based farmers' markets.

 

(c) "Healthy purchases" means SNAP-eligible foods.

 

(d) "Minnesota-based farmers' market" means a physical market as defined in section 28A.151, subdivision 1, paragraph (b), and also includes mobile markets and direct-farmer sales, including through a community-supported agriculture model.

 

(e) "Voucher" means a physical or electronic credit.

 

(f) "Eligible household" means an individual or family that is determined to be a recipient of SNAP.

 

Sec. 46.  Minnesota Statutes 2022, section 145.951, is amended to read:

 

145.951 IMPLEMENTATION PLAN; STATEWIDE PROGRAM FOR FAMILIES.

 

The commissioner of health, in consultation with the commissioners of education; corrections; public safety; and human services, and with the directors director of the Office of Strategic and Long-Range Planning, the Council on Disability, and the councils and commission under sections 3.922, 3.9221, and 15.0145, may develop an implementation plan for the establishment of a statewide program to assist families in developing the full potential of their children.  The program must be designed to strengthen the family, to reduce the risk of abuse to children, and to promote the long-term development of children in their home environments.  The program must also be designed to use volunteers to provide support to parents, and to link parents with existing public health, education, and social services as appropriate.

 

Sec. 47.  Minnesota Statutes 2022, section 307.08, is amended to read:

 

307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; BURIALS; CEMETERIES; PENALTY; AUTHENTICATION ASSESSMENT.

 

Subdivision 1.  Legislative intent; scope.  It is a declaration and statement of legislative intent that all human burials, human remains, and human burial grounds shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, or religious affiliations.  The provisions of this section shall apply to all human burials, human remains, or human burial grounds found on or in all public or private lands or waters in Minnesota.  Within the boundaries of Tribal Nation reservations, nothing in this section should be interpreted to conflict with federal law, including the Native American Graves Protection and Repatriation Act (NAGPRA), United States Code, title 25, section 3001 et seq., and its implementing regulations, Code of Federal Regulations, title 43, part 10.


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Subd. 2.  Felony; gross misdemeanor.  (a) A person who intentionally, willfully, and or knowingly does any of the following is guilty of a felony:

 

(1) destroys, mutilates, or injures human burials or, human burial grounds, or associated grave goods; or

 

(2) without the consent of the appropriate authority, disturbs human burial grounds or removes human remains or associated grave goods.

 

(b) A person who, without the consent of the appropriate authority and the landowner, intentionally, willfully, and or knowingly does any of the following is guilty of a gross misdemeanor:

 

(1) removes any tombstone, monument, or structure placed in any public or private cemetery or authenticated assessed human burial ground; or

 

(2) removes any fence, railing, natural stone, or other work erected for protection or ornament, or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or private cemetery or authenticated assessed human burial ground; or

 

(3) discharges any firearms upon or over the grounds of any public or private cemetery or authenticated assessed burial ground.

 

(c) A person who intentionally, willfully, or knowingly fails to comply with any other provision of this section is guilty of a misdemeanor.

 

Subd. 3.  Protective posting.  Upon the agreement of the appropriate authority and the landowner, an authenticated or recorded human burial ground may be posted for protective purposes every 75 feet around its perimeter with signs listing the activities prohibited by subdivision 2 and the penalty for violation of it.  Posting is at the discretion of the Indian affairs council in the case of American Indian burials or at the discretion of the state archaeologist in the case of non-Indian non-American Indian burials.  This subdivision does not require posting of a burial ground.  The size, description, location, and information on the signs used for protective posting must be approved by the appropriate authority and the landowner.

 

Subd. 3a.  Authentication Cemeteries; records and condition assessments.  The state archaeologist shall authenticate all burial grounds for purposes of this section.  The state archaeologist may retain the services of a qualified professional archaeologist, a qualified physical anthropologist, or other appropriate experts for the purpose of gathering information that the state archaeologist can use to authenticate or identify burial grounds.  If probable Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian Affairs Council must approve the professional archaeologist, qualified anthropologist, or other appropriate expert.  Authentication is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.  (a) Cemeteries shall be assessed according to this subdivision.

 

(b) The state archaeologist shall implement and maintain a system of records identifying the location of known, recorded, or suspected cemeteries.  The state archaeologist shall provide access to the records as provided in subdivision 11.

 

(c) The cemetery condition assessment of non-American Indian cemeteries is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.

 

(d) The cemetery condition assessment of American Indian cemeteries is at the discretion of the Indian Affairs Council based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.  If the Indian Affairs Council has possession or takes custody of remains they may follow United States Code, title 25, sections 3001 to 3013.


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(e) The cemetery condition assessment of cemeteries that include American Indian and non-American Indian remains or include remains whose ancestry cannot be determined shall be assessed at the discretion of the state archaeologist in collaboration with the Indian Affairs Council based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.

 

(f) The state archaeologist and the Indian Affairs Council shall have 90 days from the date a request is received to begin a cemetery condition assessment or provide notice to the requester whether or not a condition assessment of a cemetery is needed.

 

(g) The state archaeologist and the Indian Affairs Council may retain the services of a qualified professional archaeologist, a qualified forensic anthropologist, or other appropriate experts for the purpose of gathering information that the state archaeologist or the Indian Affairs Council can use to assess or identify cemeteries.

 

Subd. 5.  Cost; use of data.  The cost of authentication condition assessment, recording, surveying, and marking burial grounds and the cost of identification, analysis, rescue, and reburial of human remains on public lands or waters shall be the responsibility of the state or political subdivision controlling the lands or waters.  On private lands or waters these costs shall may be borne by the state, but may be borne by or the landowner upon mutual agreement with the state.  The state archaeologist must make the data collected for this activity available using standards adopted by the Department of Information Technology Services and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office.  Costs associated with this data delivery must be borne by the state.

 

Subd. 7.  Remains found outside of recorded cemeteries.  (a) All unidentified human remains or burials found outside of recorded cemeteries or unplatted graves or burials found within recorded cemeteries and in contexts which indicate antiquity greater than 50 years shall be treated with the utmost respect for all human dignity and dealt with according to the provisions of this section.

 

(b) If such burials are not American Indian or their ethnic identity cannot be ascertained, as determined by the state archaeologist, they shall be dealt with in accordance with provisions established by the state archaeologist and other appropriate authority.

 

(c) If such burials are American Indian, as determined by the state archaeologist and Indian Affairs Council, efforts shall be made by the state archaeologist and the Indian Affairs Council to ascertain their tribal identity.  If their probable tribal identity can be determined and the remains have been removed from their original context, such remains shall be turned over to contemporary tribal leaders for disposition.  If tribal identity cannot be determined, the Indian remains must be dealt with in accordance with provisions established by the state archaeologist and the Indian Affairs Council if they are from public land.  If removed Indian remains are from private land they shall be dealt with in accordance with provisions established by the Indian Affairs Council.  If it is deemed desirable by the state archaeologist or the Indian Affairs Council, removed remains shall be studied in a timely and respectful manner by a qualified professional archaeologist or a qualified physical anthropologist before being delivered to tribal leaders or before being reburied to follow procedures as defined in United States Code, title 25, section 3001 et seq., and its implementing regulations, Code of Federal Regulations, title 43, part 10, within reservation boundaries.  For burials outside of reservation boundaries, the procedures defined in United States Code, title 25, section 3001 et seq., and its implementing regulations, Code of Federal Regulations, title 43, part 10, are at the discretion of the Indian Affairs Council.

 

Subd. 7a.  Landowner responsibilities.  Application by a landowner for permission to develop or disturb nonburial areas within authenticated assessed or recorded burial grounds shall be made to:

 

(1) the state archaeologist and other appropriate authority in the case of non-Indian non-American Indian burials; and to

 

(2) the Indian Affairs Council and other appropriate authority in the case of American Indian burials.


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(b) Landowners with authenticated assessed or suspected human burial grounds on their property are obligated to inform prospective buyers of the burial ground.

 

Subd. 8.  Burial ground relocation.  No non-Indian non-American Indian burial ground may be relocated without the consent of the appropriate authority.  No American Indian burial ground may be relocated unless the request to relocate is approved by the Indian Affairs Council.  When a burial ground is located on public lands or waters, any burial relocations must be duly licensed under section 138.36 and the cost of removal is the responsibility of and shall be paid by the state or political subdivision controlling the lands or waters.  If burial grounds are authenticated assessed on private lands, efforts may be made by the state to purchase and protect them instead of removing them to another location.

 

Subd. 9.  Interagency cooperation.  (a) The state archaeologist and the Indian Affairs Council shall enter into a memorandum of understanding to coordinate their responsibilities under this section. 

 

(b) The Department of Natural Resources, the Department of Transportation, and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section.

 

Subd. 10.  Construction and development plan review.  When human burials are known or suspected to exist, on public lands or waters, the state or political subdivision controlling the lands or waters or, in the case of private lands, the landowner or developer, shall submit construction and development plans to the state archaeologist for review prior to the time bids are advertised before plans are finalized and prior to any disturbance within the burial area.  If the known or suspected burials are thought to be American Indian, plans shall also be submitted to the Indian Affairs Council.  The state archaeologist and the Indian Affairs Council shall review the plans within 30 45 days of receipt and make recommendations for the preservation in place or removal of the human burials or remains, which may be endangered by construction or development activities.

 

Subd. 11.  Burial sites data.  (a) Burial sites locational and related data maintained by data under the authority of the Office of the State Archaeologist and accessible through the office's "Unplatted Burial Sites and Earthworks in Minnesota" website or Indian Affairs Council are security information for purposes of section 13.37.  Persons who gain access to the data maintained on the site this data are subject to liability under section 13.08 and the penalty established by section 13.09 if they improperly use or further disseminate the data.  Use of this information must be approved by the appropriate authority.

 

Subd. 12.  Right of entry.  The state archaeologist or designee may enter on property for the purpose of authenticating assessing burial sites.  The Indian Affairs Council or a designated representative of the Indian Affairs Council may enter on property for the purpose of assessing or identifying American Indian cemeteries.  Only after obtaining permission from the property owner or lessee, descendants of persons buried in burial grounds covered by this section may enter the burial grounds for the purpose of conducting religious or commemorative ceremonies.  This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the property.

 

Subd. 13.  Definitions.  As used in this section, the following terms have the meanings given.

 

(a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years.

 

(b) "Appropriate authority" means:

 

(1) the trustees when the trustees have been legally defined to administer burial grounds;

 

(2) the Indian Affairs Council in the case of American Indian burial grounds lacking trustees;

 

(3) the county board in the case of abandoned cemeteries under section 306.243; and


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(4) the state archaeologist in the case of non-Indian non-American Indian burial grounds lacking trustees or not officially defined as abandoned.

 

(c) "Artifacts" means natural or artificial articles, objects, implements, or other items of archaeological interest.

 

(d) "Authenticate" "Assess" means to establish the presence of or high potential of human burials or human skeletal remains being located in a discrete area, delimit the boundaries of human burial grounds or graves, and attempt to determine the ethnic, cultural, or religious affiliation of individuals interred.

 

(e) "Burial" means the organic remnants of the human body that were intentionally interred as part of a mortuary process.

 

(f) "Burial ground" means a discrete location that is known to contain or has high potential to contain human remains based on physical evidence, historical records, or reliable informant accounts.

 

(g) "Cemetery" means a discrete location that is known to contain or intended to be used for the interment of human remains.

 

(h) "Disturb" means any activity that significantly harms the physical integrity or setting of a human burial or human burial ground.

 

(i) "Grave goods" means objects or artifacts directly associated with human burials or human burial grounds that were placed as part of a mortuary ritual at the time of interment.

 

(j) "Human remains" means the calcified portion of the human body of a deceased person in whole or in part, regardless of the state of decomposition, not including isolated teeth, or cremated remains deposited in a container or discrete feature.

 

(k) "Identification" means to analyze organic materials to attempt to determine if they represent human remains and to attempt to establish the ethnic, cultural, or religious affiliations of such remains.

 

(l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker in place or a legible sign identifying an area as a burial ground or cemetery.

 

(m) "Qualified physical anthropologist" means a specialist in identifying human remains who holds an advanced degree in anthropology or a closely related field.

 

(n) "Qualified professional archaeologist" means an archaeologist who meets the United States Secretary of the Interior's professional qualification standards in Code of Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.

 

(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county recorder's office.

 

(p) "State" or "the state" means the state of Minnesota or an agency or official of the state acting in an official capacity.

 

(q) "Trustees" means the recognized representatives of the original incorporators, board of directors, or cemetery association.

 

(r) "Person" means a natural person or a business and includes both if the natural person is engaged in a business.

 

(s) "Business" means a contractor, subcontractor, supplier, consultant, or provider of technical, administrative, or physical services organized as a sole proprietorship, partnership, association, corporation, or other entity formed for the purpose of doing business for profit.


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Sec. 48.  Minnesota Statutes 2022, section 349A.02, subdivision 1, is amended to read:

 

Subdivision 1.  Director.  A State Lottery is established under the supervision and control of a director.  The director of the State Lottery shall be appointed by the governor with the advice and consent of the senate.  The director serves in the unclassified service at the pleasure of the governor.  The annual salary rate authorized for the director is equal to 95 percent of the salary rate prescribed for the governor established through the process described under section 15A.0815.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.  Any recommendations made by the Compensation Council in 2023 determine salaries for fiscal years 2024 and 2025.

 

Sec. 49.  Minnesota Statutes 2022, section 381.12, subdivision 2, is amended to read:

 

Subd. 2.  Expense, tax levy.  The county board of any county may levy a tax upon all the taxable property in the county for the purpose of defraying the expense incurred, or to be incurred, less any amount received from the public system monument grant program under section 381.125, for:

 

(1) the preservation and restoration of monuments under this section;

 

(2) the preservation or establishment of control monuments for mapping activities;

 

(3) the modernization of county land records through the use of parcel-based land management systems; or

 

(4) the establishment of geographic (GIS), land (LIS), management (MIS) information systems.

 

Sec. 50.  [381.125] PUBLIC LAND SURVEY SYSTEM MONUMENT GRANT PROGRAM.

 

Subdivision 1.  Grant program.  The chief geospatial information officer, through the Geospatial Advisory Council established under section 16E.30, subdivision 8, shall work with the stakeholders licensed as land surveyors under section 326.02, to develop a process for accepting applications from counties for funding for the perpetuation of monuments established by the United States in the public lands survey to mark public land survey corners, as provided in section 381.12, subdivision 2, clause (1).  Grants may also be used to update records and data regarding monuments.  The chief geospatial information officer must establish criteria for prioritizing applicants when resources available for grants are not sufficient to award grants to all applicants.  The criteria must favor providing grants to counties that demonstrate financial need for assistance.

 

Subd. 2.  Report.  By October 1, in each odd-numbered year, the chief geospatial information officer must submit a report to the chairs and ranking minority members of the committees in the senate and the house of representatives with jurisdiction over state government and local government.  The report must include the following:

 

(1) a summary of the chief geospatial information officer activities regarding administration of this grant program for the previous fiscal year, including the amount of money requested and disbursed by county;

 

(2) an assessment of the progress toward completion of necessary monument restoration and certification by county; and

 

(3) a forecast of the amount needed to complete monument recertification in all counties.

 

Subd. 3.  Nonstate match.  No nonstate match is required for grants made under this program.


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Sec. 51.  Minnesota Statutes 2022, section 462A.22, subdivision 10, is amended to read:

 

Subd. 10.  Audits.  All of the books and records of the agency shall be subject to audit by the legislative auditor in the manner prescribed for other agencies of state government.  The agency is authorized also to employ and to contract in its resolutions and indentures for the employment of public accountants for the audit of books and records pertaining to any fund or funds.  The legislative auditor shall review contracts with public accountants as provided in section 3.972.

 

Sec. 52.  STATE EMBLEMS REDESIGN COMMISSION.

 

Subdivision 1.  Establishment.  The State Emblems Redesign Commission is established.  The purpose of the commission is to develop and adopt a new design for the official state flag and the official state seal no later than January 1, 2024.

 

Subd. 2.  Membership; meetings.  (a) The commission consists of the following members:

 

(1) three members of the public, appointed by the governor;

 

(2) one member appointed by the Council for Minnesotans of African Heritage;

 

(3) one member appointed by the Minnesota Council on Latino Affairs;

 

(4) one member appointed by the Council on Asian-Pacific Minnesotans;

 

(5) one member representing the Dakota community and one member representing the Ojibwe community, appointed by the executive board of the Indian Affairs Council;

 

(6) the secretary of state or the secretary's designee;

 

(7) the executive director of the Minnesota Historical Society or the director's designee;

 

(8) the chair of the Capitol Area Architectural and Planning Board or the chair's designee;

 

(9) the chair of the Minnesota Arts Board or the chair's designee; and

 

(10) the executive director of Explore Minnesota Tourism or the director's designee.

 

(b) The following serve as ex officio, nonvoting members of the commission:  (1) two members of the house of representatives, one each appointed by the speaker of the house and the minority leader of the house; and (2) two members of the senate, one representing the majority caucus appointed by the senate majority leader and one representing the minority caucus appointed by the senate minority leader.

 

(c) Appointments to the commission must be made no later than August 1, 2023.  The voting members of the commission shall elect a chair and vice-chair.  An appointee designated by the governor shall convene the commission's first meeting.  Decisions of the commission must be made by majority vote.  The Minnesota Historical Society must provide office space and administrative support to the commission.

 

Subd. 3.  Meetings.  Meetings of the commission are subject to Minnesota Statutes, chapter 13D.

 

Subd. 4.  Duties; form and style of recommended state emblems.  The commission shall develop and adopt a new design for the official state seal and a new design for the official state flag.  The designs must accurately and respectfully reflect Minnesota's shared history, resources, and diverse cultural communities.  Symbols, emblems, or


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likenesses that represent only a single community or person, regardless of whether real or stylized, may not be included in a design.  The commission may solicit and secure the voluntary service and aid of vexillologists and other persons who have either technical or artistic skill in flag construction and design, or the design of official seals, to assist in the work.  The commission must also solicit public feedback and suggestions to inform its work.

 

Subd. 5.  Report.  The commission shall certify its adopted designs in a report to the legislature and governor no later than January 1, 2024.  The commission's report must describe the symbols and other meanings incorporated in the design.  The commission expires upon submission of its report.

 

Sec. 53.  LEGISLATIVE TASK FORCE ON AGING.

 

Subdivision 1.  Establishment.  A legislative task force is established to:

 

(1) review and develop state resources for an aging demographic;

 

(2) identify and prioritize necessary support for an aging population through statewide and local endeavors for people to remain in their communities; and

 

(3) ensure all aging-related state policies are inclusive of race, gender, ethnicity, culture, sexual orientation, abilities, and other characteristics that reflect the full population of the state.

 

Subd. 2.  Duties.  The task force shall review:

 

(1) all current aging-related governmental functions, programs, and services across all state departments;

 

(2) the current plans to improve health and support services workforce demographics;

 

(3) current public and private strategies to:

 

(i) support family caregivers for older adults;

 

(ii) define and support quality of care and life improvements in long-term care and home care; and

 

(iii) sustain neighborhoods and communities for an aging population;

 

(4) the necessity for planning and investment in aging in Minnesota to address:

 

(i) the longevity economy and the impact it has on the workforce, advancing technology, and innovations;

 

(ii) housing options, land use, transportation, social services, and the health systems;

 

(iii) availability of safe, affordable rental housing for aging tenants; and

 

(iv) coordination between health services and housing supports;

 

(5) coordination across all state agencies, Tribal Nations, cities, and counties to encourage resolution of aging related concerns; and

 

(6) from this review, determine the governmental entity to plan, lead, and implement these recommended policies and funding for aging Minnesotans across the state.

 

Subd. 3.  Membership.  (a) The task force shall include the following members:

 

(1) two members from the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader;


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(2) two members from the senate, one appointed by the majority leader and one appointed by the minority leader;

 

(3) the chair of the Minnesota Board on Aging, or a board member as designee;

 

(4) the chair of the Minnesota Council on Disability, or an agency employee as designee;

 

(5) the chair of the Minnesota Indian Affairs Council, or a council member, except the legislative council member, as designee; and

 

(6) the director of the University of Minnesota Center for Healthy Aging and Innovation, or a University of Minnesota employee as designee.

 

(b) The speaker of the house and the senate majority leader shall appoint a chair and a vice-chair for the membership of the task force.  The chair and the vice-chair shall rotate after each meeting.

 

Subd. 4.  Meetings.  (a) The task force shall meet at least once per month.  The meetings shall take place in person in the Capitol complex, provided that the chair may direct that a meeting be conducted electronically if doing so would facilitate public testimony or would protect the health or safety of members of the task force.

 

(b) The task force shall invite input from the public, the leadership of advocacy groups, and provider organizations.

 

(c) The chair designated by the speaker of the house shall convene the first meeting of the task force no later than August 1, 2023.

 

Subd. 5.  Expenses; per diem.  Members serving on the task force shall receive the following per diem:

 

(1) the Board on Aging task force member who is a volunteer citizen member shall receive the per diem listed in Minnesota Statutes, section 15.059, subdivision 3;

 

(2) the Council on Disability task force member shall not receive a per diem;

 

(3) the Indian Affairs Council task force member who is a citizen member shall receive the per diem listed in Minnesota Statutes, section 15.059, subdivision 3;

 

(4) the University of Minnesota task force member shall not receive a per diem; and

 

(5) legislative members of the task force shall not receive a per diem.

 

Subd. 6.  Report.  The task force shall submit a report with recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services finance and policy and state government by January 15, 2025.

 

Subd. 7.  Expiration.  The task force expires January 31, 2025.

 

EFFECTIVE DATE.  This section is effective July 1, 2023, or when the legislative leaders required to make appointments to the task force name appointees beginning the day after final enactment.

 

Sec. 54.  INFRASTRUCTURE RESILIENCE ADVISORY TASK FORCE.

 

Subdivision 1.  Definition.  For purposes of this section, "task force" means the Infrastructure Resilience Advisory Task Force established in this section.

 

Subd. 2.  Establishment.  The Infrastructure Resilience Advisory Task Force is established to evaluate issues related to coordination, sustainability, resiliency, and federal funding on state, local, and private infrastructure in the state.


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Subd. 3.  Membership.  (a) The task force consists of the following members:

 

(1) two members of the senate, with one appointed by the senate majority leader and one appointed by the senate minority leader;

 

(2) two members of the house of representatives, with one appointed by the speaker of the house and one appointed by the house minority leader;

 

(3) the commissioner of administration;

 

(4) the commissioner of agriculture;

 

(5) the commissioner of commerce;

 

(6) the commissioner of employment and economic development;

 

(7) the commissioner of health;

 

(8) the commissioner of management and budget;

 

(9) the commissioner of natural resources;

 

(10) the commissioner of the Pollution Control Agency;

 

(11) the commissioner of transportation;

 

(12) two members appointed by the governor;

 

(13) one representative from a federally recognized Tribal government, appointed by the governor;

 

(14) one member appointed by the Association of Minnesota Counties;

 

(15) one member appointed by the League of Minnesota Cities;

 

(16) one member appointed by the Minnesota Association of Townships;

 

(17) one member appointed by the Minnesota chapter of the American Public Works Association;

 

(18) one member appointed by the Associated General Contractors of Minnesota;

 

(19) one member appointed by each public utility that owns a nuclear-powered electric generating plant in this state; and

 

(20) one member appointed by the Minnesota Municipal Utilities Association.

 

(b) At its first meeting, the task force must elect a chair or cochairs by a majority vote of those members present and may elect a vice-chair as necessary.

 

Subd. 4.  Appointments.  (a) The appointing authorities under subdivision 3 must make the appointments by July 31, 2023.

 

(b) A commissioner under subdivision 3 may appoint a designee who is an employee of the respective agency.


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(c) An appointing authority under subdivision 3, paragraph (a), clauses (12) to (20), may only appoint an individual who has expertise and experience in asset management, financial management and procurement, or state and local infrastructure, whether from the public or private sector.  Expertise and experience may include but is not limited to the following areas:

 

(1) asset management planning, design, construction, management, and operations and maintenance;

 

(2) infrastructure for agriculture, communications, drinking water, energy, health, natural resources, public utilities, stormwater, transportation, or wastewater; and

 

(3) asset management planning across jurisdictions and infrastructure sectors.

 

Subd. 5.  Duties.  At a minimum, the task force must:

 

(1) develop objectives and strategies to:

 

(i) provide for effective and efficient management of state, local, and private infrastructure;

 

(ii) enhance sustainability and resiliency of infrastructure throughout the state;

 

(iii) respond to and mitigate the effects of adverse weather events across the state, including natural disasters, droughts, and floods; and

 

(iv) provide for equitable treatment in areas of persistent poverty and historically disadvantaged communities;

 

(2) identify approaches to enhance infrastructure coordination across jurisdictions, agencies, state and local government, and public and private sectors, including in planning, design, engineering, construction, maintenance, and operations;

 

(3) identify methods to maximize federal formula and discretionary funds provided to recipients in the state for infrastructure purposes;

 

(4) evaluate options for organizational design of state agencies to meet the purposes under clauses (1) to (3), including consideration of:

 

(i) options for establishment of a board, council, office, or other agency; and

 

(ii) models in other states; and

 

(5) develop findings and recommendations related to the duties specified in this subdivision.

 

Subd. 6.  Meetings.  (a) The commissioner of transportation must convene the first meeting of the task force no later than October 1, 2023.

 

(b) The task force must establish a schedule for meetings and meet as necessary to accomplish the duties under subdivision 5.

 

(c) The task force is subject to the Minnesota Open Meeting Law under Minnesota Statutes, chapter 13D.

 

Subd. 7.  Administration.  (a) The Legislative Coordinating Commission must provide administrative support to the task force and must assist in creation of the report under subdivision 8.

 

(b) Upon request of the task force, a commissioner under subdivision 3 must provide information and technical support.

 

(c) Members of the task force serve without compensation.


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Subd. 8.  Report required.  By February 1, 2024, the task force must submit a report to the governor and the legislative committees with jurisdiction over climate, economic development, energy, infrastructure, natural resources, and transportation.  At a minimum, the report must:

 

(1) summarize the activities of the task force;

 

(2) provide findings and recommendations adopted by the task force; and

 

(3) include any draft legislation to implement the recommendations.

 

Subd. 9.  Expiration.  The task force expires June 30, 2024.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 55.  GRANTS ADMINISTRATION OVERSIGHT; FEASIBILITY STUDY.

 

The commissioner of administration must assess the viability of implementing a single grants management system for executive agencies.  If the results of the study determine an enterprise system is feasible, the study must further include:

 

(1) an analysis of available technology options;

 

(2) recommended changes to the state's organizational model, operational controls, and processes;

 

(3) staffing and other resource needs;

 

(4) high level system requirements;

 

(5) estimated costs; and

 

(6) an implementation road map.

 

Sec. 56.  FORD BUILDING SITE REDEVELOPMENT; MIXED-USE DEVELOPMENT REQUIRED.

 

Notwithstanding any law to the contrary, the commissioner of administration may not prepare or approve building construction plans for redevelopment of the Ford Building or the Ford Building property site unless the plans are for mixed-use development and identify ground-level space for locally owned businesses.

 

Sec. 57.  CAPITOL MALL DESIGN FRAMEWORK.

 

(a) The Capitol Area Architectural and Planning Board must update the Capitol Mall Design Framework.  The updated design framework must include:

 

(1) plans to integrate green space campus-wide, including but not limited to the addition of green space on the following sites at the approximate sizes indicated:

 

(i) the southwest corner of Rice Street and University Avenue, with a minimum size of 20,700 square feet;

 

(ii) the northeast corner of Rice Street and University Avenue, with a minimum size of 32,000 square feet; and

 

(iii) the north side of the State Capitol building adjacent to University Avenue;


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(2) plans for visual markers and welcome information for the Capitol campus at one or more corners of Rice Street and University Avenue, anchoring a pathway to the State Capitol building and Capitol Mall that features interpretive markers honoring the importance and stature of the Capitol campus as both a historic site and as a modern, active public gathering space for all Minnesotans; and

 

(3) plans to plant trees throughout the Capitol campus, prioritizing the creation of a mature tree canopy to provide an area of shade for users of the Capitol Mall between or adjacent to the State Capitol building and Martin Luther King, Jr. Boulevard.

 

(b) The board must contract with one or more professional design consultants with expertise on horticulture, landscape architecture, civic space design, infrastructure assessment, and operations and maintenance planning to develop the framework updates.  The board must additionally consult with the commissioners of administration and public safety and the senate majority leader and the speaker of the house or their designees before any proposed framework update is approved.  The board must approve the updated design framework no later than March 1, 2024.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 58.  DEADLINE FOR CERTIFICATION OF APPROPRIATION AMOUNTS FOR LEGISLATURE FOR FISCAL YEARS 2026 AND 2027.

 

Notwithstanding the effective date of Minnesota Statutes, section 3.1985, the house of representatives, senate, and Legislative Coordinating Commission must each certify to the commissioner of management and budget the anticipated amount to be appropriated for fiscal years 2026 and 2027 no later than October 15, 2024, and January 15, 2025, and must certify the actual amount to be appropriated for fiscal years 2026 and 2027 no later than June 30, 2025.

 

Sec. 59.  OFFICE OF SMALL AGENCIES; STUDY.

 

Subdivision 1.  Study; requirements.  The commissioner of administration must review the unique issues faced by small agencies other than departments of the state as defined in section 15.01.  These include boards, commissions, councils, task forces, and authorities.  The study will assess whether the current support model provides adequate support for the agencies as well as their volunteer board members.  The study will also examine how other states support their small agencies and provide recommendations on how to most effectively support these small agencies in their delivery of important functions of government.

 

Subd. 2.  Report.  By February 1, 2024, the commissioner of administration must submit the findings and recommendations of the study to the governor and the chairs and ranking minority members of the legislative committees with primary jurisdiction over state government. 

 

Sec. 60.  REPEALER.

 

Subdivision 1.  State emblems redesign.  Minnesota Statutes 2022, sections 1.135, subdivisions 3 and 5; and 1.141, subdivisions 3, 4, and 6, are repealed, effective May 11, 2024.

 

Subd. 2.  Evergreen firehall polling place.  Minnesota Statutes 2022, section 383C.806, is repealed.

 

Subd. 3.  Compensation council.  Minnesota Statutes 2022, section 15A.0815, subdivisions 3, 4, and 5, are repealed effective the day following final enactment.

 

Subd. 4.  Parking garage debt service waiver.  Laws 2014, chapter 287, section 25, as amended by Laws 2015, chapter 77, article 2, section 78, is repealed.

 

Subd. 5.  Strategic and long-range planning.  Minnesota Statutes 2022, sections 4A.01; 4A.04; 4A.06; 4A.07; 4A.11; and 124D.23, subdivision 9, are repealed.


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ARTICLE 3

GRANTS MANAGEMENT

 

Section 1.  FINANCIAL REVIEW OF NONPROFIT GRANT RECIPIENTS REQUIRED.

 

Subdivision 1.  Financial review required.  (a) Before awarding a competitive, legislatively named, single source, or sole source grant to a nonprofit organization under this act, the grantor must require the applicant to submit financial information sufficient for the grantor to document and assess the applicant's current financial standing and management.  Items of significant concern must be addressed with the applicant and resolved to the satisfaction of the grantor before a grant is awarded.  The grantor must document the material requested and reviewed; whether the applicant had a significant operating deficit, a deficit in unrestricted net assets, or insufficient internal controls; whether and how the applicant resolved the grantor's concerns; and the grantor's final decision.  This documentation must be maintained in the grantor's files.

 

(b) At a minimum, the grantor must require each applicant to provide the following information:

 

(1) the applicant's most recent Form 990, Form 990-EZ, or Form 990-N filed with the Internal Revenue Service.  If the applicant has not been in existence long enough or is not required to file Form 990, Form 990-EZ, or Form 990-N, the applicant must demonstrate to the grantor that the applicant is exempt and must instead submit documentation of internal controls and the applicant's most recent financial statement prepared in accordance with generally accepted accounting principles and approved by the applicant's board of directors or trustees, or if there is no such board, by the applicant's managing group;

 

(2) evidence of registration and good standing with the secretary of state under Minnesota Statutes, chapter 317A, or other applicable law;

 

(3) unless exempt under Minnesota Statutes, section 309.515, evidence of registration and good standing with the attorney general under Minnesota Statutes, chapter 309; and

 

(4) if required under Minnesota Statutes, section 309.53, subdivision 3, the applicant's most recent audited financial statement prepared in accordance with generally accepted accounting principles.

 

Subd. 2.  Authority to postpone or forgo.  Notwithstanding any contrary provision in this act, a grantor that identifies an area of significant concern regarding the financial standing or management of a legislatively named applicant may postpone or forgo awarding the grant.

 

Subd. 3.  Authority to award subject to additional assistance and oversight.  A grantor that identifies an area of significant concern regarding an applicant's financial standing or management may award a grant to the applicant if the grantor provides or the grantee otherwise obtains additional technical assistance, as needed, and the grantor imposes additional requirements in the grant agreement.  Additional requirements may include but are not limited to enhanced monitoring, additional reporting, or other reasonable requirements imposed by the grantor to protect the interests of the state.

 

Subd. 4.  Relation to other law and policy.  The requirements in this section are in addition to any other requirements imposed by law, the commissioner of administration under Minnesota Statutes, sections 16B.97 to 16B.98, or agency policy.

 

ARTICLE 4

ELECTIONS APPROPRIATIONS

 

      Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2024" and "2025" used in this article mean that the


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appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.  "The first year" is fiscal year 2024.  "The second year" is fiscal year 2025.  "The biennium" is fiscal years 2024 and 2025.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2024

2025

 

 

      Sec. 2.  SECRETARY OF STATE

 

$1,157,000

 

$586,000

 

Of the amount in fiscal year 2024, $461,000 is transferred from the general fund to the Help America Vote Act (HAVA) account established in Minnesota Statutes, section 5.30, and is credited to the state match requirement of the Consolidated Appropriations Act of 2022, Public Law 117-103, and the Consolidated Appropriations Act of 2023, Public Law 117-328.

 

      Sec. 3.  CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

$1,743,000

 

 

$1,731,000

 

 

Sec. 4.  APPROPRIATION; SECRETARY OF STATE; COURT ORDERED ATTORNEY FEES.

 

$495,000 in fiscal year 2023 is appropriated from the general fund to the secretary of state for the payment of attorney fees and costs awarded by court order in the legislative and congressional redistricting cases Peter Wattson, et al.; Paul Anderson, et al.; and Frank Sachs, et al. v. Steve Simon, Secretary of State of Minnesota, Nos. A21‑0243 and A21-0546, and interest thereon.  This is a onetime appropriation.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 5.  VOTING OPERATIONS, TECHNOLOGY, AND ELECTION RESOURCES ACCOUNT; TRANSFER.

 

$1,292,000 in fiscal year 2024 and $1,291,000 in fiscal year 2025 are transferred from the general fund to the voting operations, technology, and election resources account in the special revenue fund.  The base for this transfer in fiscal year 2026 and each fiscal year thereafter is $1,353,000.

 

Sec. 6.  Minnesota Statutes 2022, section 5.30, subdivision 2, is amended to read:

 

Subd. 2.  Appropriation.  Notwithstanding section 4.07, Money in the Help America Vote Act account may be spent only pursuant to direct appropriations enacted from time to time by law.  Money in the account must be spent is appropriated to the secretary of state to improve the administration of elections in accordance with the Help America Vote Act, the state plan certified by the governor under the act, and for reporting and administrative requirements under the act and plan.  To the extent required by federal law, money in the account must be used in a manner that is consistent with the maintenance of effort requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252, based on the level of state expenditures for the fiscal year ending June 30, 2000.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to any balances in the Help America Vote Act account existing on or after that date.


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Sec. 7.  Minnesota Statutes 2022, section 10A.31, subdivision 4, is amended to read:

 

Subd. 4.  Appropriation.  (a) The amounts designated by individuals for the state elections campaign account, less three percent, are appropriated from the general fund, must be transferred and credited to the appropriate account in the state elections campaign account, and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.  The remaining three percent must be kept in the general fund for administrative costs.

 

(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election is $4,002,000 for the biennium ending June 30, 2025, and $2,196,000 for the biennium ending June 30, 2027, and each biennium thereafter are appropriated from the general fund for transfer to the general account of the state elections campaign account.

 

ARTICLE 5

ELECTIONS ADMINISTRATION

 

Section 1.  [2.012] TWELFTH DISTRICT.

 

Subdivision 1.  Senate district.  Notwithstanding the order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243, A21-0546 (February 15, 2022), Senate District 12 consists of the district as described in that order, with the modification contained in file L12B-1, on file with the Geographic Information Systems Office of the Legislative Coordinating Commission and published on its website on April 27, 2022.

 

Subd. 2.  House of representatives districts.  Notwithstanding the order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243, A21-0546 (February 15, 2022), Senate District 12 is divided into two house of representatives districts as follows:

 

(a) House of Representatives District 12A consists of the district as described in that order.

 

(b) House of Representatives District 12B consists of all territory of Senate District 12, as modified by subdivision 1, that is not included in House of Representatives District 12A.

 

EFFECTIVE DATE.  This section is effective for the state primary and state general elections conducted in 2024 for terms of office beginning on the first Monday in January of 2025, and for all elections held thereafter.

 

Sec. 2.  [2.109] NINTH DISTRICT.

 

Subdivision 1.  Senate district.  Notwithstanding the order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243, A21-0546 (February 15, 2022), Senate District 9 consists of the district as described in that order, with the modification contained in file L12B-1, on file with the Geographic Information Systems Office of the Legislative Coordinating Commission and published on its website on April 27, 2022.

 

Subd. 2.  House of representatives districts.  Notwithstanding the order of the Minnesota Special Redistricting Panel in Wattson v. Simon, Nos. A21-0243, A21-0546 (February 15, 2022), Senate District 9 is divided into two house of representatives districts as follows:

 

(a) House of Representatives District 9A consists of the district as described in that order.

 

(b) House of Representatives District 9B consists of all territory of Senate District 9, as modified by subdivision 1, that is not included in House of Representatives District 9A.

 

EFFECTIVE DATE.  This section is effective for the state primary and state general elections conducted in 2024 for terms of office beginning on the first Monday in January of 2025, and for all elections held thereafter.


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Sec. 3.  [2.92] ACCESS TO MULTIUNIT FACILITIES BY UNITED STATES CENSUS EMPLOYEES.

 

Subdivision 1.  Access required.  It is unlawful for a person, either directly or indirectly, to deny access to an apartment house, dormitory, nursing home, manufactured home park, other multiple unit facility used as a residence, or area in which two or more single-family dwellings are located on private roadways, to an employee of the United States Census Bureau who displays a current, valid census credential and who is engaged in official census business.  An employee granted access under this section must be permitted to knock on the doors of individual units to speak with residents and to leave census materials for residents at their doors, except that the manager of a nursing home may direct that the materials be left at a central location within the facility.  The materials must be left in an orderly manner.

 

Subd. 2.  Limitations.  This section does not prohibit:

 

(1) denial of admittance into a particular apartment, room, manufactured home, or personal residential unit;

 

(2) in the case of a nursing home or an assisted living facility licensed under chapter 144G, denial of permission to visit certain persons for valid health reasons;

 

(3) limiting visits to a reasonable number of census employees or reasonable hours;

 

(4) requiring a prior appointment to gain access to the facility; or

 

(5) denial of admittance to or expulsion of an individual employee from a multiple unit dwelling for good cause.

 

Subd. 3.  Compliance with federal law.  A person in compliance with United States Code, title 13, section 223, and any guidance or rules adopted by the United States Department of Commerce, Bureau of the Census, governing access to a facility described in subdivision 1 is considered to be in compliance with the requirements of this section.

 

Subd. 4.  Applicability.  This section applies from January 1 to July 1 in any year during which a decennial census is conducted under the authority of the United States Constitution, article 1, section 2.

 

Sec. 4.  [5.305] VOTING OPERATIONS, TECHNOLOGY, AND ELECTION RESOURCES ACCOUNT.

 

Subdivision 1.  Definitions.  For purposes of this section, the following terms have the meanings given:

 

(1) "account" means the voting operations, technology, and election resources account;

 

(2) "city" means a statutory or home rule charter city; and

 

(3) "local unit of government" means a county, city, or town.

 

Subd. 2.  Account established; appropriation.  The voting operations, technology, and election resources account is established in the special revenue fund.  Money in the account is appropriated annually to the secretary of state for distribution as provided in this section.

 

Subd. 3.  Distribution amount; payment.  (a) The secretary of state must distribute the balance in the account annually as follows:

 

(1) 20 percent of the total balance is for allocation to each county in equal amounts; and

 

(2) 80 percent of the total balance is for allocation to each county in proportion to its share of registered voters on May 1 for the most recent statewide general election, as determined by the secretary of state.


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(b) The secretary of state must distribute funds under this section no later than July 20 of each year.

 

Subd. 4.  Allocation of funds among local units of government.  (a) Upon receipt of funds, each county must segregate the funds in a county election funding account.  The money in the account remains in the account until spent for any of the authorized purposes set forth in this section.  The county and the local units of government located within the county must agree on a distribution plan for allocating funds from the account.  If the county and a local unit of government do not agree on a distribution plan, the county must allocate the funds to that unit of local government as follows:

 

(1) 50 percent is retained by the county;

 

(2) 25 percent is allocated to each local unit of government responsible for administering absentee voting or mail voting in proportion to that unit of government's share of the county's registered voters on May 1 for the most recent statewide general election; and

 

(3) 25 percent is allocated to cities and townships in proportion to each city and township's share of registered voters in the county on May 1 for the most recent statewide general election.

 

The county must make distributions to cities and towns by December 31 each year.

 

(b) A city or township that is allocated funds under this subdivision must segregate the funds in an election funding account.  The money in the account remains in the account until spent for any of the authorized purposes set forth in this section.

 

Subd. 5.  Use of funds.  A local unit of government may use the funds allocated pursuant to this section for the following purposes, provided the expenditures are directly related to election administration:

 

(1) equipment;

 

(2) hardware or software;

 

(3) cybersecurity;

 

(4) security-related infrastructure;

 

(5) capital improvements to improve access to polling places for individuals with disabilities;

 

(6) staff costs for election administrators, election judges, and other election officials;

 

(7) printing and publication;

 

(8) postage;

 

(9) programming;

 

(10) local match for state or federal funds; and

 

(11) any other purpose directly related to election administration.

 

Subd. 6.  Reports.  (a) Annually by December 31, each county auditor must report to the secretary of state with an explanation of how the funds received pursuant to this section during the previous fiscal year were spent and a certification that they were spent in accordance with subdivisions 4 and 5.  The county auditor's report must include the following:  an itemized description of each actual expenditure listed by the general categories of expenditures


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identified in subdivision 5, the local unit of government making the expenditure, the balance in the county's election funding account, and the balance of any city's or town's election funding account.  The county auditor's report must also include any other information required by the secretary of state.

 

(b) Each city and town receiving an allocation of funds under this section must provide the county auditor with the data necessary to submit this report no later than December 15 of each year.

 

(c) No later than January 31 of each year, the secretary of state must compile the reports received from each county auditor and submit a summary report on the expenditure of funds to the chairs and ranking minority members of the legislative committees with jurisdiction over elections policy and finance.  At a minimum, the summary report must identify expenditures by county, city, and town and the purposes of each expenditure.

 

Sec. 5.  Minnesota Statutes 2022, section 5B.06, is amended to read:

 

5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.

 

A program participant who is otherwise eligible to vote may register with the secretary of state as a permanent absentee voter.  Notwithstanding section 203B.04, subdivision 5, the secretary of state is not required to send an absentee ballot application prior to each election to a program participant registered as a permanent absentee voter under this section.  As soon as practicable before each election, the secretary of state shall determine the precinct in which the residential address of the a program participant is located and.  Upon making a precinct determination, the secretary of state shall either (1) request from and receive from the county auditor or other election official the ballot for that precinct and shall forward mail the absentee ballot to the program participant with the other, or (2) using the Minnesota statewide voter registration system, prepare the program participant's ballot for that precinct and mail the absentee ballot to the program participant.  The secretary of state shall include with each mailed absentee ballot all corresponding materials for absentee balloting as required by Minnesota law.  The program participant shall complete the ballot and return it to the secretary of state, who shall review the ballot in the manner provided by section 203B.121, subdivision 2.  If the ballot and ballot materials comply with the requirements of that section, the ballot must be certified by the secretary of state as the ballot of a program participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation along with all other ballots.  The name and address of a program participant must not be listed in the statewide voter registration system.

 

Sec. 6.  Minnesota Statutes 2022, section 135A.17, subdivision 2, is amended to read:

 

Subd. 2.  Residential housing list.  All postsecondary institutions that enroll students accepting state or federal financial aid may prepare a current list of students enrolled in the institution and residing in the institution's housing or within ten miles of the institution's campus.  All postsecondary institutions that enroll students accepting state financial aid must, to the extent the information may be disclosed pursuant to Code of Federal Regulations, title 34, part 99, prepare a current list of students enrolled in the institution and residing in the institution's housing or in the city or cities in which the campus is situated, if available.  The list shall include each student's current address, unless the student is enrolled in the Safe at Home address confidentiality program as provided in chapter 5B.  The list shall be certified and sent to the appropriate county auditor or auditors for use in election day registration as provided under section 201.061, subdivision 3.  A residential housing list provided under this subdivision may not be used or disseminated by a county auditor or the secretary of state for any other purpose.

 

Sec. 7.  Minnesota Statutes 2022, section 200.02, subdivision 7, is amended to read:

 

Subd. 7.  Major political party.  (a) "Major political party" means a political party that maintains a party organization in the state, political division or precinct in question and that has presented at least one candidate for election to the office of:

 

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney general at the last preceding state general election for those offices; or


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(2) presidential elector or U.S. senator at the last preceding state general election for presidential electors; and

whose candidate received votes in each county in that election and received votes from not less than five ten percent of the total number of individuals who voted in that election.

 

(b) "Major political party" also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and that has presented at least 45 candidates for election to the office of state representative, 23 candidates for election to the office of state senator, four candidates for election to the office of representative in Congress, and one candidate for election to each of the following offices:  governor and lieutenant governor, attorney general, secretary of state, and state auditor, at the last preceding state general election for those offices.

 

(c) "Major political party" also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and whose members present to the secretary of state at any time before the close of filing for the state partisan primary ballot a petition for a place on the state partisan primary ballot, which petition contains valid signatures of a number of the party members equal to at least five percent of the total number of individuals who voted in the preceding state general election.  A signature is valid only if signed no more than one year prior to the date the petition was filed.

 

(d) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (a) or a political party that presents candidates at an election as required by paragraph (b) becomes a major political party as of January 1 following that election and retains its major party status for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (a) or fails to present candidates as required by paragraph (b) at subsequent state general elections.

 

(e) A major political party whose candidates fail to receive the number and percentage of votes required under paragraph (a) and that fails to present candidates as required by paragraph (b) at each of two consecutive state general elections described by paragraph (a) or (b), respectively, loses major party status as of December 31 following the later of the two consecutive state general elections.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to a party's status at the state primary and general election held in 2024 and thereafter.  Notwithstanding any law to the contrary, beginning on the effective date of this section, the secretary of state, the Campaign Finance and Public Disclosure Board, and any other office of the state or of a local unit of government with duties related to the administration or financing of elections may only recognize a political party as a major political party for purposes of those elections if the party has met the qualifying thresholds as amended by this section.

 

Sec. 8.  Minnesota Statutes 2022, section 201.022, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment.  The secretary of state shall maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information from around the state.  The system must be accessible to the county auditor of each county in the state.  The system must also:

 

(1) provide for voters to submit their voter registration applications to any county auditor, the secretary of state, or the Department of Public Safety;

 

(2) provide for the definition, establishment, and maintenance of a central database for all voter registration information;

 

(3) provide for entering data into the statewide registration system;

 

(4) provide for electronic transfer of completed voter registration applications from the Department of Public Safety to the secretary of state or the county auditor;


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(5) assign a unique identifier to each legally registered voter in the state;

 

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state identification number, and last four digits of the Social Security number for each voter record;

 

(7) coordinate with other agency databases within the state;

 

(8) allow county auditors and the secretary of state to add or modify information in the system to provide for accurate and up-to-date records;

 

(9) allow county auditors, municipal and school district clerks, and the secretary of state to have electronic access to the statewide registration system for review and search capabilities;

 

(10) provide security and protection of all information in the statewide registration system and ensure that unauthorized access is not allowed;

 

(11) provide access to municipal clerks to use the system;

 

(12) provide a system for each county to identify the precinct to which a voter should be assigned for voting purposes;

 

(13) provide daily reports accessible by county auditors on the driver's license numbers, state identification numbers, or last four digits of the Social Security numbers submitted on voter registration applications that have been verified as accurate by the secretary of state; and

 

(14) provide reports on the number of absentee ballots transmitted to and returned and cast by voters under section 203B.16; and

 

(15) provide reports necessary for early voting.

 

The appropriate state or local official shall provide security measures to prevent unauthorized access to the computerized list established under section 201.021.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 9.  Minnesota Statutes 2022, section 201.061, subdivision 1, is amended to read:

 

Subdivision 1.  Prior to election day.  (a) At any time except during the 20 days immediately preceding any regularly scheduled election, an eligible voter or any individual who will be an eligible voter at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a voter registration application as described in section 201.071, subdivision 1.  A completed application may be submitted:

 

(1) in person or by mail to the county auditor of that county or to the Secretary of State's Office; or

 

(2) electronically through a secure website that shall be maintained by the secretary of state for this purpose, if the applicant has an email address and provides the applicant's verifiable Minnesota driver's license number, Minnesota state identification card number, or the last four digits of the applicant's Social Security number.

 

(b) A registration that is received in person or by mail no later than 5:00 p.m. on the 21st day preceding any election, or a registration received electronically through the secretary of state's secure website no later than 11:59 p.m. on the 21st day preceding any election, shall be accepted.  An improperly addressed or delivered


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registration application shall be forwarded within two working days after receipt to the county auditor of the county where the voter maintains residence.  A state or local agency or an individual that accepts completed voter registration applications from a voter must submit the completed applications to the secretary of state or the appropriate county auditor within ten calendar days after the applications are dated by the voter.

 

(b) (c) An application submitted electronically under paragraph (a), clause (2), may only be transmitted to the county auditor for processing if the secretary of state has verified the application information matches the information in a government database associated with the applicant's driver's license number, state identification card number, or Social Security number.  The secretary of state must review all unverifiable voter registration applications submitted electronically for evidence of suspicious activity and must forward any such application to an appropriate law enforcement agency for investigation.

 

(d) An individual may not electronically submit a voter registration application on behalf of any other individual, except that the secretary of state may provide features on the secure website established under paragraph (a), clause (2), that allow third parties to connect application programming interfaces that facilitate an individual's submission of voter registration information while interacting with the third party.

 

(c) (e) For purposes of this section, mail registration is defined as a voter registration application delivered to the secretary of state, county auditor, or municipal clerk by the United States Postal Service or a commercial carrier.

 

Sec. 10.  Minnesota Statutes 2022, section 201.061, subdivision 3, is amended to read:

 

Subd. 3.  Election day registration.  (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence.  An individual may prove residence for purposes of registering by:

 

(1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07;

 

(2) presenting any document approved by the secretary of state as proper identification;

 

(3) presenting one of the following:

 

(i) a current valid student identification card from a postsecondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

 

(4) having a voter who is registered to vote in the precinct, or an employee employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct.  A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day.  A voter who is registered to vote in the precinct may sign up to eight proof‑of‑residence oaths on any election day.  This limitation does not apply to an employee of a residential facility described in this clause.  The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day.  The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths.  For each proof‑of-residence oath, the form must include a statement that the individual:  (i) is registered to vote in the precinct or is an employee of a residential facility in the precinct, (ii) personally knows that the voter is a resident of the precinct, and (iii) is making the statement on oath.  The form must include a space for the voter's printed name, signature, telephone number, and address.


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The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached to the voter registration application.

 

(b) The operator of a residential facility shall prepare a list of the names of its employees currently working in the residential facility and the address of the residential facility.  The operator shall certify the list and provide it to the appropriate county auditor no less than 20 days before each election for use in election day registration.

 

(c) "Residential facility" means transitional housing as defined in section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in section 144D.01, subdivision 4 an assisted living facility licensed by the commissioner of health under chapter 144G; a veterans home operated by the board of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under section 252.28; setting authorized to provide housing support as defined in section 256I.03, subdivision 3; a shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless; a facility where a provider operates a residential treatment program as defined in section 245.462, subdivision 23; or a facility where a provider operates an adult foster care program as defined in section 245A.02, subdivision 6c.

 

(d) For tribal band members, an individual may prove residence for purposes of registering by:

 

(1) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual; or

 

(2) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, signature, and picture of the individual and also presenting one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

 

(e) A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration application.

 

Sec. 11.  Minnesota Statutes 2022, section 201.061, is amended by adding a subdivision to read:

 

Subd. 3a.  Additional proofs of residence permitted for students.  (a) An eligible voter may prove residence by presenting a current valid photo identification issued by a postsecondary educational institution in Minnesota if the voter's name; student identification number, if available; and address within the precinct appear on a current residential housing list under section 135A.17, certified to the county auditor by the postsecondary educational institution.

 

(b) This additional proof of residence for students must not be allowed unless the postsecondary educational institution submits to the county auditor no later than 60 days prior to the election a written agreement that the postsecondary educational institution will certify for use at the election accurate updated residential housing lists under section 135A.17.  A written agreement is effective for the election and all subsequent elections held in that calendar year, including the November general election.

 

(c) The additional proof of residence for students must be allowed on an equal basis for voters who reside in housing meeting the requirements of section 135A.17, if the residential housing lists certified by the postsecondary educational institution meet the requirements of this subdivision.

 

(d) An updated residential housing list must be certified to the county auditor no earlier than 20 days prior to each election.  The certification must be dated and signed by the chief officer or designee of the postsecondary educational institution and must state that the list is current and accurate and includes only the names of persons residing as of the date of the certification.


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(e) The county auditor shall instruct the election judges of the precinct in procedures for use of the list in conjunction with photo identification.  The auditor shall supply a list to the election judges with the election supplies for the precinct.

 

(f) The county auditor shall notify all postsecondary educational institutions in the county of the provisions of this subdivision.

 

Sec. 12.  Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws 2023, chapter 12, section 2, is amended to read:

 

Subdivision 1.  Form.  Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law.  A voter registration application must contain spaces for the following required information:  voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature.  The paper registration application may include the voter's email address, if provided by the voter.  The electronic voter registration application must include the voter's email address.  The registration application may include the voter's interest in serving as an election judge, if indicated by the voter.  The application must also contain the following certification of voter eligibility:

 

"I certify that I:

 

(1) will be at least 18 years old on election day;

 

(2) am a citizen of the United States;

 

(3) will have resided maintained residence in Minnesota for 20 days immediately preceding election day;

 

(4) maintain residence at the address given on the registration form;

 

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

 

(6) have not been found by a court to be legally incompetent to vote;

 

(7) am not currently incarcerated for a conviction of a felony offense; and

 

(8) have read and understand the following statement:  that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

 

The certification must include boxes for the voter to respond to the following questions:

 

"(1) Are you a citizen of the United States?" and

 

"(2) Will you be 18 years old on or before election day?"

 

And the instruction:

 

"If you checked 'no' to either of these questions, do not complete this form."


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The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state.  Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid.  The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

 

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 13.  Minnesota Statutes 2022, section 201.071, subdivision 8, is amended to read:

 

Subd. 8.  School district assistance.  School districts shall assist county auditors in determining the school district in which a voter resides maintains residence.

 

Sec. 14.  Minnesota Statutes 2022, section 201.091, subdivision 4a, is amended to read:

 

Subd. 4a.  Presidential primary political party list.  The secretary of state must maintain a list of the voters who voted in a presidential nomination primary and the political party each voter selected.  Information maintained on the list is private data on individuals as defined under section 13.02, subdivision 12, except that the secretary of state must provide the list to the chair of each major political party the list of voters who selected that party.

 

Sec. 15.  Minnesota Statutes 2022, section 201.12, subdivision 2, is amended to read:

 

Subd. 2.  Moved within state.  If any nonforwardable mailing from an election official is returned as undeliverable but with a permanent forwarding address in this state, the county auditor may change the voter's status to "inactive" in the statewide registration system and shall transmit a copy of the mailing to the auditor of the county in which the new address is located.  If an election is scheduled to occur in the precinct in which the voter resides maintains residence in the next 47 days, the county auditor shall promptly update the voter's address in the statewide voter registration system.  If there is not an election scheduled, the auditor may wait to update the voter's address until after the next list of address changes is received from the secretary of state.  Once updated, the county auditor shall mail to the voter a notice stating the voter's name, address, precinct, and polling place, except that if the voter's record is challenged due to a felony conviction, noncitizenship, name change, incompetence, or a court's revocation of voting rights of individuals under guardianship, the auditor must not mail the notice.  The notice must advise the voter that the voter's voting address has been changed and that the voter must notify the county auditor within 21 days if the new address is not the voter's address of residence.  The notice must state that it must be returned if it is not deliverable to the voter at the named address.

 

Sec. 16.  Minnesota Statutes 2022, section 201.121, subdivision 1, is amended to read:

 

Subdivision 1.  Entry of registration information.  (a) At the time a voter registration application is properly completed, submitted, and received in accordance with sections 201.061 and 201.071, the county auditor shall enter the information contained on it into the statewide registration system.  Voter registration applications completed before election day must be entered into the statewide registration system within ten days after they have been submitted to the county auditor.  Voter registration applications completed on election day must be entered into the statewide registration system within 42 days after the election, unless the county auditor notifies the secretary of state before the deadline has expired that the deadline will not be met.  Upon receipt of a notification under this paragraph, the secretary of state must extend the deadline for that county auditor by an additional 28 days.  The secretary of state may waive a county's obligations under this paragraph if, on good cause shown, the county demonstrates its permanent inability to comply.

 

The secretary of state must post data on each county's compliance with this paragraph on the secretary of state's website including, as applicable, the date each county fully complied or the deadline by which a county's compliance must be complete.


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(b) Upon receiving a completed voter registration application, the secretary of state may electronically transmit the information on the application to the appropriate county auditor as soon as possible for review by the county auditor before final entry into the statewide registration system.  The secretary of state may mail the voter registration application to the county auditor.

 

(c) Within ten days after the county auditor has entered information from a voter registration application into the statewide registration system, the secretary of state shall compare the voter's name, date of birth, and driver's license number, state identification number, or the last four digits of the Social Security number with the same information contained in the Department of Public Safety database.

 

(d) The secretary of state shall provide a report to the county auditor on a weekly basis that includes a list of voters whose name, date of birth, or identification number have been compared with the same information in the Department of Public Safety database and cannot be verified as provided in this subdivision.  The report must list separately those voters who have submitted a voter registration application by mail and have not voted in a federal election in this state.

 

(e) The county auditor shall compile a list of voters for whom the county auditor and the secretary of state are unable to conclude that information on the voter registration application and the corresponding information in the Department of Public Safety database relate to the same person.

 

(f) The county auditor shall send a notice of incomplete registration to any voter whose name appears on the list and change the voter's status to "incomplete." "challenged."  A voter who receives a notice of incomplete registration from the county auditor may either provide the information required to complete the registration clear the challenge at least 21 days before the next election or at the polling place on election day.

 

Sec. 17.  Minnesota Statutes 2022, section 201.13, subdivision 3, is amended to read:

 

Subd. 3.  Use of change of address system.  (a) At least once each month the secretary of state shall obtain a list of individuals registered to vote in this state who have filed with the United States Postal Service a change of their permanent address.  The secretary of state may also periodically obtain a list of individuals with driver's licenses or state identification cards to identify those who are registered to vote who have applied to the Department of Public Safety for a replacement driver's license or state identification card with a different address, and a list of individuals for whom the Department of Public Safety received notification of a driver's license or state identification card cancellation due to a change of residency out of state.  However, the secretary of state shall not load data derived from these lists into the statewide voter registration system within the 47 days before the state primary or 47 days before a November general election.

 

(b) If the address is changed to another address in this state, the secretary of state shall locate the precinct in which the voter resides maintains residence, if possible.  If the secretary of state is able to locate the precinct in which the voter resides maintains residence, the secretary must transmit the information about the changed address by electronic means to the county auditor of the county in which the new address is located.  For addresses for which the secretary of state is unable to determine the precinct, the secretary may forward information to the appropriate county auditors for individual review.  If the voter has not voted or submitted a voter registration application since the address change, upon receipt of the information, the county auditor shall update the voter's address in the statewide voter registration system.  The county auditor shall mail to the voter a notice stating the voter's name, address, precinct, and polling place, unless the voter's record is challenged due to a felony conviction, noncitizenship, name change, incompetence, or a court's revocation of voting rights of individuals under guardianship, in which case the auditor must not mail the notice.  The notice must advise the voter that the voter's voting address has been changed and that the voter must notify the county auditor within 21 days if the new address is not the voter's address of residence.  The notice must state that it must be returned if it is not deliverable to the voter at the named address.


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(c) If the change of permanent address is to an address outside this state, the secretary of state shall notify by electronic means the auditor of the county where the voter formerly resided maintained residence that the voter has moved to another state.  If the voter has not voted or submitted a voter registration application since the address change, the county auditor shall promptly mail to the voter at the voter's new address a notice advising the voter that the voter's status in the statewide voter registration system will be changed to "inactive" unless the voter notifies the county auditor within 21 days that the voter is retaining the former address as the voter's address of residence, except that if the voter's record is challenged due to a felony conviction, noncitizenship, name change, incompetence, or a court's revocation of voting rights of individuals under guardianship, the auditor must not mail the notice.  If the notice is not received by the deadline, the county auditor shall change the voter's status to "inactive" in the statewide voter registration system.

 

(d) If, in order to maintain voter registration records, the secretary of state enters an agreement to share information or data with an organization governed exclusively by a group of states, the secretary must first determine that the data security protocols are sufficient to safeguard the information or data shared.  If required by such an agreement, the secretary of state may share the following data from the statewide voter registration system and data released to the secretary of state under section 171.12, subdivision 7a:

 

(1) name;

 

(2) date of birth;

 

(3) address;

 

(4) driver's license or state identification card number;

 

(5) the last four digits of an individual's Social Security number; and

 

(6) the date that an individual's record was last updated.

 

If the secretary of state enters into such an agreement, the secretary and county auditors must process changes to voter records based upon that data in accordance with this section.  Except as otherwise provided in this subdivision, when data is shared with the secretary of state by another state, the secretary of state must maintain the same data classification that the data had while it was in the possession of the state providing the data.

 

Sec. 18.  Minnesota Statutes 2022, section 201.1611, subdivision 1, is amended to read:

 

Subdivision 1.  Forms.  (a) All postsecondary institutions that enroll students accepting state or federal financial aid shall must provide voter registration forms to each student as early as possible in the fall quarter during the fall and spring of each year.  In state election years, it must be provided 15 days in advance of the deadline for registering to vote for the state general election.  If the voter registration forms are provided electronically, the electronic message must be devoted exclusively to voter registration.

 

(b) All school districts shall must make available voter registration applications each May and September to all students registered as students of the school district who will be eligible to vote at the next election after those months.  A school district has no obligation to provide voter registration applications to students who participate in a postsecondary education option program or who otherwise reside maintain residence in the district but do not attend a school operated by the district.  A school district fulfills its obligation to a student under this section if it provides a voter registration application to the student one time.

 

(c) The voter registration forms must contain spaces for the information required in section 201.071, subdivision 1, and applicable rules of the secretary of state.  The institutions and school districts may request these forms from the secretary of state.  Institutions shall must consult with their campus student government in determining the most


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effective means of distributing the forms and in seeking to facilitate election day registration of students under section 201.061, subdivision 3.  School districts must advise students that completion of the voter registration application is not a school district requirement.

 

(d) The institutions and school districts must report to the secretary of state by November 30 of each year on their implementation of this section.  At a minimum, the report must include how and when the forms were distributed and the voter engagement plan under subdivision 3, paragraph (b), clause (2).  Institutions and school districts may include information about methods that were effective in increasing student registrations.

 

(e) By February 1 of each year, the secretary of state must report to the chairs and ranking minority members of the legislative committees with jurisdiction over elections on the information received from institutions and school districts.  The secretary must highlight best practices and innovative methods that were most effective in registering students to vote.

 

Sec. 19.  Minnesota Statutes 2022, section 201.1611, is amended by adding a subdivision to read:

 

Subd. 3.  Voter information.  (a) All postsecondary institutions that enroll students accepting state or federal financial aid must maintain a webpage to share resources to help students determine where and how they are eligible to vote.  The webpage must include the following:

 

(1) resources from state and local election officials on voter registration and voting requirements including voter registration deadlines; residency requirements; acceptable methods of proving residency for same day registration, as applicable; and absentee voting options;

 

(2) applicable deadlines for requesting and submitting an absentee ballot, as well as additional options for early and in-person voting, and voting on election day;

 

(3) resources to help students who are registered in another state to apply for absentee ballots in that state, and may include resources from state and local election officials from that state;

 

(4) the campus vote coordinator's name and contact information; and

 

(5) the voter engagement plan required by paragraph (b), clause (3).

 

(b) All postsecondary institutions that enroll students accepting state or federal financial aid must designate a staff person as the campus vote coordinator.  The campus vote coordinator must: 

 

(1) ensure the institution complies with this section;

 

(2) report the number of physical and electronic voter registrations collected on an annual basis on the institution's voting website; and

 

(3) consult with the campus student association to develop a voter engagement plan that identifies goals and activities, resources to accomplish the identified goals and activities, and individual or key departments responsible for executing the identified goals and activities.

 

Sec. 20.  Minnesota Statutes 2022, section 201.195, is amended to read:

 

201.195 CHALLENGES.

 

Subdivision 1.  Petition; hearing timing.  (a) Upon petition filed with the county auditor, any voter registered within a county may challenge the eligibility or residence of any other voter registered within that county.  A petition filed pursuant to this section must not include the name of more than one person whose right to vote is challenged.  The county auditor must not accept a filing which challenges the eligibility of more than one voter. 


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Petitions must be filed at least 45 days before the election, unless the voter registered or updated the voter's registration within 60 days before the election, in which case the petition must be filed at least ten days before the election, or within ten days after the voter's new or updated registration appeared on the public information list, whichever is later. 

 

(b) The petition shall must state the grounds for challenge and, provide facts and circumstances supporting the challenge, and may include supporting documents, affidavits, or other evidence.  The petition must be accompanied by an affidavit stating that the challenge is based on the challenger's personal knowledge, and that the filer exercised due diligence to personally verify the facts and circumstances establishing the basis for the challenge.  The filer has the burden to prove, by clear and convincing evidence, that the basis for challenging the individual's eligibility to vote is valid.

 

(c) The following reasons, standing alone, do not constitute adequate grounds for a challenge:

 

(1) a piece of mail sent to the voter by someone other than the county auditor that was returned as undeliverable;

 

(2) enrollment in an educational institution; or

 

(3) registration to vote at an address that is housing provided for students by an educational institution.

 

Subd. 1a.  Reasons for dismissal.  If the petition is incomplete, or if the basis for the challenge does not meet the requirements of this section, the county auditor must dismiss the petition and notify the filer in writing of the reasons for the dismissal.

 

Subd. 1b.  Notice to voter.  Within five days after receipt of the a petition that meets the requirements of this section, the county auditor shall must set a date for a hearing on the challenge and notify the challenger by mail.  A copy of the petition and notice of the hearing shall must be served on the challenged voter by the county auditor in the same manner as in a civil action.  The county auditor must inform the challenged individual that:

 

(1) a petition has been filed as to whether the individual is eligible to vote as well as the basis of the challenge;

 

(2) if the individual votes by mail, the individual's ballot will not be counted unless the challenge is resolved; and

 

(3) the individual may submit information prior to the hearing or present information at the hearing.  This information may include a sworn statement, supporting documents, affidavits, witnesses, or other evidence supporting the challenged individual's eligibility to vote in the election.

 

Subd. 1c.  Hearing.  The hearing shall must be held before the county auditor or the auditor's designee who shall must then make findings and affirm or dismiss the challenge.  The hearing must be recorded by either video or audio recording.  The recording must be retained for 22 months.

 

Subd. 2.  Appeal.  If a challenge is affirmed, the voter whose registration has been challenged may appeal the ruling to the secretary of state.  The voter must immediately notify the county auditor of the appeal, and upon receipt of this notice, the county auditor must submit the entire record of the hearing, including all documents and a recording of the hearing, to the secretary of state.  The appeal shall must be heard within five days but in any case before election day.  Upon hearing the appeal the secretary of state shall must affirm or reverse the ruling and shall must give appropriate instructions to the county auditor.

 

Subd. 3.  Hearing procedures.  A hearing before the secretary of state shall must be conducted as a contested case and determined in accordance with chapter 14.


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Sec. 21.  Minnesota Statutes 2022, section 201.225, subdivision 2, is amended to read:

 

Subd. 2.  Technology requirements.  An electronic roster must:

 

(1) be able to be loaded with a data file that includes voter registration data in a file format prescribed by the secretary of state;

 

(2) allow for data to be exported in a file format prescribed by the secretary of state;

 

(3) allow for data to be entered manually or by scanning a Minnesota driver's license or identification card to locate a voter record or populate a voter registration application that would be printed and signed and dated by the voter.  The printed registration application can be either a printed form, labels a label printed with voter information to be affixed to a preprinted form, or a combination of both a form and label, or an electronic record that the voter signs electronically and is printed following its completion at the polling place;

 

(4) allow an election judge to update data that was populated from a scanned driver's license or identification card;

 

(5) cue an election judge to ask for and input data that is not populated from a scanned driver's license or identification card that is otherwise required to be collected from the voter or an election judge;

 

(6) immediately alert the election judge if the voter has provided information that indicates that the voter is not eligible to vote;

 

(7) immediately alert the election judge if the electronic roster indicates that a voter has already voted in that precinct, the voter's registration status is challenged, or it appears the voter resides maintains residence in a different precinct;

 

(8) provide immediate instructions on how to resolve a particular type of challenge when a voter's record is challenged;

 

(9) provide for a printed voter signature certificate, containing the voter's name, address of residence, date of birth, voter identification number, the oath required by section 204C.10, and a space for the voter's original signature.  The printed voter signature certificate can be either a printed form or, a label printed with the voter's information to be affixed to the oath, or an electronic record that the voter signs electronically and is printed following its completion at the polling place;

 

(10) contain only preregistered voters within the precinct, and not contain preregistered voter data on voters registered outside of the precinct, unless being utilized for absentee or early voting under chapter 203B or for mail balloting on election day pursuant to section 204B.45, subdivision 2a;

 

(11) be only networked within the polling location on election day, except for the purpose of updating absentee ballot records;

 

(12) meet minimum security, reliability, and networking standards established by the Office of the Secretary of State in consultation with the Department of Information Technology Services;

 

(13) be capable of providing a voter's correct polling place; and

 

(14) perform any other functions necessary for the efficient and secure administration of the participating election, as determined by the secretary of state.

 

Electronic rosters used only for election day registration do not need to comply with clauses (1), (8), and (10).  Electronic rosters used only for preregistered voter processing do not need to comply with clauses (4) and (5).


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Sec. 22.  Minnesota Statutes 2022, section 202A.18, subdivision 2a, is amended to read:

 

Subd. 2a.  Preference ballot for governor.  In a year when the office of governor appears on the state general election ballot, prior to the opening of nominations for the election of permanent offices and delegates, a ballot must be distributed to permit caucus participants to indicate their preference for the office of the governor.  The results of preference voting must be reported to the secretary of state immediately upon conclusion of the voting, in the manner provided by the secretary of state.  The secretary of state shall provide the appropriate forms to the party for reporting the results.

 

Sec. 23.  Minnesota Statutes 2022, section 203B.001, is amended to read:

 

203B.001 ELECTION LAW APPLICABILITY.

 

The Minnesota Election Law is applicable to voting by absentee ballot and early voting unless otherwise provided in this chapter.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 24.  Minnesota Statutes 2022, section 203B.01, is amended by adding a subdivision to read:

 

Subd. 5.  Early voting.  "Early voting" means voting in person before election day as provided in section 203B.30.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 25.  Minnesota Statutes 2022, section 203B.01, is amended by adding a subdivision to read:

 

Subd. 6.  Utility worker.  "Utility worker" means an employee of a public utility as defined by section 216B.02, subdivision 4.

 

Sec. 26.  Minnesota Statutes 2022, section 203B.03, subdivision 1, is amended to read:

 

Subdivision 1.  Violation.  (a) No individual shall intentionally:

 

(1) make or sign any false certificate required by this chapter;

 

(2) make any false or untrue statement in any application for absentee ballots;

 

(3) apply for absentee ballots more than once in any election with the intent to cast an illegal ballot;

 

(4) exhibit a ballot marked by that individual to any other individual;

 

(5) do any act in violation of the provisions of this chapter for the purpose of casting an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

 

(6) use information from absentee ballot or early voting materials or records for purposes unrelated to elections, political activities, or law enforcement;

 

(7) provide assistance to an absentee or early voter except in the manner provided by section 204C.15, subdivision 1;


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(8) solicit the vote of an absentee voter while in the immediate presence of the voter during the time the individual knows the absentee voter is voting; or

 

(9) alter an absentee ballot application after it has been signed by the voter, except by an election official for administrative purposes.

 

(b) Before inspecting information from absentee ballot or early voting materials or records, an individual shall provide identification to the public official having custody of the material or information.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 27.  Minnesota Statutes 2022, section 203B.05, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  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.121.

 

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.  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 municipal clerk who will be administering the provisions of this section and the duties that the clerk will administer.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 28.  Minnesota Statutes 2022, section 203B.08, subdivision 1, is amended to read:

 

Subdivision 1.  Marking and return by voter.  (a) An eligible voter who receives absentee ballots as provided in this chapter shall mark them in the manner specified in the directions for casting the absentee ballots.  The return envelope containing marked ballots may be mailed as provided in the directions for casting the absentee ballots, may be left with the county auditor or municipal clerk who transmitted the absentee ballots to the voter, or may be left in a drop box as provided in section 203B.082.  If delivered in person, the return envelope must be submitted to the county auditor or municipal clerk by 3:00 8:00 p.m. on election day.


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(b) The voter may designate an agent to deliver in person the sealed absentee ballot return envelope to the county auditor or municipal clerk or to deposit the return envelope in the mail.  An agent may deliver or mail the return envelopes of not more than three voters in any election.  Any person designated as an agent who tampers with either the return envelope or the voted ballots or does not immediately mail or deliver the return envelope to the county auditor or municipal clerk is guilty of a misdemeanor.

 

Sec. 29.  Minnesota Statutes 2022, section 203B.08, subdivision 3, is amended to read:

 

Subd. 3.  Procedures on receipt of ballots.  When absentee ballots are returned to a county auditor or municipal clerk, that official shall stamp or initial and date the return envelope and place it in a locked ballot container or other secured and locked space with other return envelopes received by that office.  Within five days after receipt, the county auditor or municipal clerk shall deliver to the ballot board all ballots received, except that during the 14 days immediately preceding an election, the county auditor or municipal clerk shall deliver all ballots received to the ballot board within three days.  Ballots received on election day either (1) after 3:00 p.m., if delivered in person; or (2) after 8:00 p.m., if delivered by mail or a package delivery service, shall be marked as received late by the county auditor or municipal clerk, and must not be delivered to the ballot board.

 

Sec. 30.  Minnesota Statutes 2022, section 203B.081, subdivision 1, is amended to read:

 

Subdivision 1.  Location; timing for absentee voting.  (a) An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor during the 46 days before the election, except as provided in this section.

 

(b) At the request of a federally recognized Indian Tribe with a reservation in the county, the county auditor must establish an additional polling place for at least one day on the Indian reservation on a site agreed upon by the Tribe and the county auditor that is accessible to the county auditor by a public road.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 31.  Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision to read:

 

Subd. 1a.  Location; timing for early voting.  An eligible voter may vote using early voting during the 18 days before a federal, state, or county election, and during the 18 days before a municipal election if authorized under section 203B.05, in the office of the county auditor and at any other polling place designated by the county auditor.  In elections in which early voting is provided, the alternative voting procedure authorized by subdivision 3 must not be provided.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 32.  Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:

 

Subd. 3.  Alternative procedure.  (a) The county auditor may make available a ballot counter and ballot box for use by the voters during the seven 18 days before the election.  If a ballot counter and ballot box is provided, a voter must be given the option either (1) to vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the manner provided in this subdivision.

 

(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must state the voter's name, and address, and, upon request of the election official, the voter's date of birth to the county auditor or municipal clerk.  The voter shall sign a voter's certificate, which must include the voter's name, identification number, and the certification required by section 201.071, subdivision 1.  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.


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(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately retire to a voting station or other designated location in the polling place to mark the ballot.  The ballot must not be taken from the polling place.  If the voter spoils the ballot, the voter may return it to the election official in exchange for a new ballot.  After completing the ballot, the voter shall deposit the ballot into the ballot box.

 

(d) The election official must immediately record that the voter has voted in the manner provided in section 203B.121, subdivision 3.

 

(e) The election duties required by this subdivision must be performed by an election judge, the county auditor, a municipal clerk, or a deputy of the auditor or clerk.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 33.  Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:

 

Subd. 3.  Alternative procedure.  (a) In elections not eligible to use early voting under subdivision 1a, the county auditor may make available a ballot counter and ballot box for use by the voters during the seven 18 days before the election.  If a ballot counter and ballot box is provided, a voter must be given the option either (1) to vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the manner provided in this subdivision.

 

(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must state the voter's name, address, and date of birth to the county auditor or municipal clerk.  The voter shall sign a voter's certificate, which must include the voter's name, identification number, and the certification required by section 201.071, subdivision 1.  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.

 

(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately retire to a voting station or other designated location in the polling place to mark the ballot.  The ballot must not be taken from the polling place.  If the voter spoils the ballot, the voter may return it to the election official in exchange for a new ballot.  After completing the ballot, the voter shall deposit the ballot into the ballot box.

 

(d) The election official must immediately record that the voter has voted in the manner provided in section 203B.121, subdivision 3.

 

(e) The election duties required by this subdivision must be performed by the county auditor, municipal clerk, or a deputy of the auditor or clerk.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 34.  Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision to read:

 

Subd. 4.  Temporary locations.  A county auditor or municipal clerk authorized under section 203B.05 to administer voting before election day may designate additional polling places with days and hours that differ from those required by section 203B.085.  A designation authorized by this subdivision must be made at least 47 days before the election.  The county auditor or municipal clerk must provide notice to the secretary of state at the time that the designations are made.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.


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Sec. 35.  Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision to read:

 

Subd. 5.  Town elections.  Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before the election.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 36.  Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision to read:

 

Subd. 6.  Designation of locations.  The county auditor must make polling place designations at least 14 weeks before the election and must provide the notice to the secretary of state at the time the designations are made.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 37.  Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision to read:

 

Subd. 7.  Notice to voters.  The county auditor must prepare a notice to the voters of the days, times, and locations for voting before election day as authorized by this section.  This notice must be posted on the secretary of state's website, the county's website, and the website for each municipality in which a voting location under this section is located at least 14 days before the first day of the absentee voting period.  If a county or municipality does not have a website, the county auditor or municipal clerk must publish the notice at least once in the jurisdiction's official newspaper at least seven days and not more than 14 days before the first day of the absentee voting period.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 38.  Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision to read:

 

Subd. 8.  Equipment.  The county auditor must provide each polling place with at least one voting booth; a ballot box; an electronic ballot counter, unless it has not adopted use of one; and at least one electronic ballot marker for individuals with disabilities pursuant to section 206.57, subdivision 5.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 39.  Minnesota Statutes 2022, section 203B.085, is amended to read:

 

203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

 

Subdivision 1.  State general elections.  Prior to a state general election, the county auditor's office in each county and the clerk's office in each city or town authorized under section 203B.05 to administer voting before election day must be open:

 

(1) until 7:00 p.m. on the Tuesday before the election;

 

(2) from 9:00 a.m. to 3:00 p.m. on the two Saturdays before the election;

 

(3) from 9:00 a.m. to 3:00 p.m. on the Sunday immediately before the election; and

 

(4) until 5:00 p.m. on the day before the election.

 

A polling place designated under 203B.081, subdivision 4, may be open alternate days and hours.


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Subd. 2.  Other elections.  In elections other than the state general election, the county auditor's office in each county and the clerk's office in each city or town authorized under section 203B.05 to administer absentee balloting voting before election day must be open for acceptance of absentee ballot applications and casting of absentee ballots voting as authorized under section 203B.081 from 10:00 9:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on the day immediately preceding a primary, special, or general election unless that day falls on a Saturday or Sunday.  Town clerks' offices, and county auditors' offices if the county auditor has agreed to perform those duties on behalf of the town, must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town general election held in March.  The school district clerk, when performing the county auditor's election duties, need not comply with this section.

 

Subd. 3.  Voters in line.  All voters in line at a time when a polling place is scheduled to close must be allowed to vote in the same manner as provided in section 204C.05, subdivision 2.

 

EFFECTIVE DATE.  This section is effective June 1, 2023.

 

Sec. 40.  Minnesota Statutes 2022, section 203B.11, subdivision 2, is amended to read:

 

Subd. 2.  Twenty Forty-five days before an election.  During the 20 45 days preceding an election, the election judges shall must deliver absentee ballots only to an eligible voter who has applied for absentee ballots to the county auditor or municipal clerk under section 203B.04, subdivision 1.

 

Sec. 41.  Minnesota Statutes 2022, section 203B.11, subdivision 4, is amended to read:

 

Subd. 4.  Agent delivery of ballots.  During the seven days preceding an election and until 2:00 8:00 p.m. on election day, an eligible voter who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or who is a patient of a health care facility, a resident of a facility providing an assisted living services governed by 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 4, may designate an agent to deliver the ballots to the voter from the county auditor or municipal clerk.  An agent must have a preexisting relationship with the voter.  A candidate at the election may not be designated as an agent.  The voted ballots must be returned to the county auditor or municipal clerk no later than 3:00 8:00 p.m. on election day.  The voter must complete an affidavit requesting the auditor or clerk to provide the agent with the ballots in a sealed transmittal envelope.  The affidavit must include a statement from the voter stating that the ballots were delivered to the voter by the agent in the sealed transmittal envelope.  An agent may deliver ballots to no more than three persons in any election.  The secretary of state shall provide samples of the affidavit and transmission envelope for use by the county auditors.

 

Sec. 42.  Minnesota Statutes 2022, section 203B.12, subdivision 7, is amended to read:

 

Subd. 7.  Names of persons; rejected absentee ballots.  (a) The names of voters who have submitted an absentee ballot to the county auditor or municipal clerk that has not been accepted may not be made available for public inspection until the close of voting on election day.

 

(b) After the close of voting on election day, the lists must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.

 

Sec. 43.  Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision to read:

 

Subd. 9.  Names of persons; early voting.  The secretary of state must maintain a list of voters who cast a ballot using the early voting procedures established in section 203B.30 for all elections at which those procedures are used.  The list must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.


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EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 44.  Minnesota Statutes 2022, section 203B.121, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; applicable laws.  (a) The governing body of each county, municipality, and school district with responsibility to accept and reject absentee ballots or to administer early voting must, by ordinance or resolution, establish a ballot board.  The board must consist of a sufficient number of election judges appointed as provided in sections 204B.19 to 204B.22.  The board may include deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots.  Each member of the ballot board must be provided adequate training on the processing and counting of absentee ballots, including but not limited to instruction on accepting and rejecting absentee ballots, storage of absentee ballots, timelines and deadlines, the role of the ballot board, procedures for opening absentee ballot envelopes, procedures for counting absentee ballots, and procedures for reporting absentee ballot totals.

 

(b) Each jurisdiction must pay a reasonable compensation to each member of that jurisdiction's ballot board for services rendered during an election.

 

(c) Except as otherwise provided by this section, all provisions of the Minnesota Election Law apply to a ballot board.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 45.  Minnesota Statutes 2022, section 203B.121, subdivision 2, is amended to read:

 

Subd. 2.  Duties of ballot board; absentee ballots.  (a) The members of the ballot board shall take possession of all signature envelopes delivered to them in accordance with section 203B.08.  Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each signature envelope and shall mark it accepted or rejected in the manner provided in this subdivision.  Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.

 

(b) The members of the ballot board shall mark the signature envelope "Accepted" and initial or sign the signature envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that:

 

(1) the voter's name and address on the signature envelope are the same as the information provided on the absentee ballot application;

 

(2) the voter signed the certification on the envelope;

 

(3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as a number on the voter's absentee ballot application or voter record.  If the number does not match, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted;

 

(4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the signature envelope;

 

(5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and


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(6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh 19th day before the election, by absentee ballot as provided by section 203B.081.

 

The signature envelope from accepted ballots must be preserved and returned to the county auditor.

 

(c)(1) If a majority of the members of the ballot board examining a signature envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the signature envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the county auditor.  There is no other reason for rejecting an absentee ballot beyond those permitted by this section.  Failure to place the ballot within the secrecy envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.

 

(2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and signature envelope in place of the rejected ballot.

 

(3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected.  The official must document the attempts made to contact the voter.

 

(d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election.  If the official determines that the voter has otherwise cast a ballot in the election, no notice is required.  If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot.  A notice of absentee ballot rejection must contain the following information:

 

(1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received;

 

(2) the reason for rejection; and

 

(3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information.

 

(e) An absentee ballot signature envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.

 

Sec. 46.  Minnesota Statutes 2022, section 203B.121, subdivision 3, is amended to read:

 

Subd. 3.  Record of voting.  (a) When applicable, the county auditor or municipal clerk must immediately record that a voter's absentee ballot has been accepted or that the voter has cast a ballot pursuant to the early voting procedures provided in this chapter.  After the close of business on the seventh 19th day before the election, a voter whose record indicates that an absentee ballot has been accepted must not be permitted to cast another ballot at that election.  In a state primary, general, or state special election for federal or, state, or county office, the auditor or clerk must also record this information in the statewide voter registration system.

 

(b) The roster must be marked, and a supplemental report of absentee and early voters who submitted a voter registration application with their ballot must be created, no later than the start of voting on election day to indicate the voters that have already cast a ballot at the election.  The roster may be marked either:

 

(1) by the county auditor or municipal clerk before election day;

 

(2) by the ballot board before election day; or

 

(3) by the election judges at the polling place on election day.


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The record of a voter whose absentee ballot was received after the close of business on the seventh day before the election is not required to be marked on the roster or contained in a supplemental report as required by this paragraph.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 47.  Minnesota Statutes 2022, section 203B.121, subdivision 3, is amended to read:

 

Subd. 3.  Record of voting.  (a) When applicable, the county auditor or municipal clerk must immediately record that a voter's absentee ballot has been accepted.  After the close of business on the seventh 19th day before the election, a voter whose record indicates that an absentee ballot has been accepted must not be permitted to cast another ballot at that election.  In a state primary, general, or state special election for federal or state office, the auditor or clerk must also record this information in the statewide voter registration system.

 

(b) The roster must be marked, and a supplemental report of absentee voters who submitted a voter registration application with their ballot must be created, no later than the start of voting on election day to indicate the voters that have already cast a ballot at the election.  The roster may be marked either:

 

(1) by the county auditor or municipal clerk before election day;

 

(2) by the ballot board before election day; or

 

(3) by the election judges at the polling place on election day.

 

The record of a voter whose absentee ballot was received after the close of business on the seventh day before the election is not required to be marked on the roster or contained in a supplemental report as required by this paragraph.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 48.  Minnesota Statutes 2022, section 203B.121, subdivision 4, is amended to read:

 

Subd. 4.  Opening of envelopes.  After the close of business on the seventh 19th day before the election, the ballots from secrecy envelopes within the signature envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate ballot box.  If more than one voted ballot is enclosed in the ballot envelope, the ballots must be returned in the manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 49.  Minnesota Statutes 2022, section 203B.16, subdivision 2, is amended to read:

 

Subd. 2.  Indefinite residence outside United States.  Sections 203B.16 to 203B.27 provide the exclusive voting procedure for United States citizens who are living indefinitely outside the territorial limits of the United States who meet all the qualifications of an eligible voter except residence in Minnesota, but who are authorized by federal law to vote in Minnesota because they or, if they have never resided maintained residence in the United States, a parent maintained residence in Minnesota for at least 20 days immediately prior to their departure from the United States.  Individuals described in this subdivision shall be permitted to vote only for the offices of president, vice-president, senator in Congress, and representative in Congress.


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Sec. 50.  [203B.29] TRANSMISSION OF BALLOTS UNDER CERTAIN CIRCUMSTANCES.

 

Subdivision 1.  Emergency response providers.  Any eligible Minnesota voter who is a trained or certified emergency response provider or utility worker who is deployed during the time period authorized by law for absentee voting, on election day, or during any state of emergency declared by the President of the United States or any governor of any state within the United States may request that ballots, instructions, and a certificate of voter eligibility be transmitted to the voter electronically.  Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter.  The county auditor is not required to provide return postage to voters to whom ballots are transmitted electronically.

 

Subd. 2.  Reasonable accommodation for voter with disability.  Any eligible Minnesota voter with a print disability, including any voter with disabilities that interfere with the effective reading, writing, or use of printed materials, may request that ballots, instructions, and a certificate of voter eligibility be transmitted to the voter electronically in an accessible format that meets Election Assistance Commission minimum accessibility requirements.  Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter.  The county auditor must also mail the voter materials required under section 203B.07.

 

Subd. 3.  Returning voted ballots.  A voter receiving a ballot electronically under subdivision 1 or 2 must print and return the voter's voted ballot and the certificate of voter eligibility to the county auditor in a sealed envelope.  A voter must not return the ballot or certificate of voter eligibility electronically.  A ballot that is returned electronically must not be accepted and must not be counted.

 

Sec. 51.  [203B.30] PROCEDURES FOR EARLY VOTING.

 

Subdivision 1.  Definition.  For purposes of this section, "early voting official" means the county auditor, the city clerk, a deputy of the auditor or clerk, or an election judge.

 

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 or whose name or address has changed must register 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.  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.

 

Subd. 3.  Processing of ballots.  The early voting official must remove and secure ballots cast during the early voting period following the procedures in section 203B.121, subdivision 5, paragraph (a).  The absentee 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).

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.


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Sec. 52.  Minnesota Statutes 2022, section 204B.06, subdivision 1, is amended to read:

 

Subdivision 1.  Form of affidavit.  An affidavit of candidacy shall state the name of the office sought and, except as provided in subdivision 4, shall state that the candidate:

 

(1) is an eligible voter;

 

(2) has no other affidavit on file as a candidate for any office at the same primary or next ensuing general election, except that a candidate for soil and water conservation district supervisor in a district not located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County, may also have on file an affidavit of candidacy for mayor or council member of a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district or for town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district as authorized by subdivision 9; and

 

(3) is, or will be on assuming the office, 21 years of age or more, and will have maintained residence in the district from which the candidate seeks election for 30 days before the general election.

 

An affidavit of candidacy must include a statement that the candidate's name as written on the affidavit for ballot designation is the candidate's true name or the name by which the candidate is commonly and generally known in the community.

 

An affidavit of candidacy for partisan office shall also state the name of the candidate's political party or political principle, stated in three words or less.

 

Sec. 53.  Minnesota Statutes 2022, section 204B.06, subdivision 1b, is amended to read:

 

Subd. 1b.  Address, electronic mail address, and telephone number.  (a) An affidavit of candidacy must state a telephone number where the candidate can be contacted.  An affidavit must also state the candidate's or campaign's nongovernment issued electronic mail address or an attestation that the candidate and the candidate's campaign do not possess an electronic mail address.  An affidavit must also state the candidate's address of residence as determined under section 200.031, or at the candidate's request in accordance with paragraph (c), the candidate's campaign contact address.  The form for the affidavit of candidacy must allow the candidate to request, if eligible, that the candidate's address of residence be classified as private data, and to provide the certification required under paragraph (c) for classification of that address.

 

(b) If an affidavit for an office where a residency requirement must be satisfied by the close of the filing period is filed as provided by paragraph (c), the filing officer must, within one business day of receiving the filing, determine whether the address provided in the affidavit of candidacy is within the area represented by the office the candidate is seeking.  For all other candidates who filed for an office whose residency requirement must be satisfied by the close of the filing period, a registered voter in this state may request in writing that the filing officer receiving the affidavit of candidacy review the address as provided in this paragraph, at any time up to one day after the last day for filing for office.  If requested, the filing officer must determine whether the address provided in the affidavit of candidacy is within the area represented by the office the candidate is seeking.  If the filing officer determines that the address is not within the area represented by the office, the filing officer must immediately notify the candidate and the candidate's name must be removed from the ballot for that office.  A determination made by a filing officer under this paragraph is subject to judicial review under section 204B.44.

 

(c) If the candidate requests that the candidate's address of residence be classified as private data, the candidate must list the candidate's address of residence on a separate form to be attached to the affidavit.  The candidate must also certify on the affidavit that either:

 

(1) a police report has been submitted or, an order for protection has been issued, or the candidate has a reasonable fear in regard to the safety of the candidate or the candidate's family,; or

 

(2) that the candidate's address is otherwise private pursuant to Minnesota law. 


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The address of residence provided by a candidate who makes a request for classification on the candidate's affidavit of candidacy and provides the certification required by this paragraph is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer as provided in this subdivision.

 

(d) The requirements of this subdivision do not apply to affidavits of candidacy for a candidate for:  (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

 

Sec. 54.  Minnesota Statutes 2022, section 204B.06, subdivision 4a, is amended to read:

 

Subd. 4a.  State and local offices.  Candidates who seek nomination for the following offices shall state the following additional information on the affidavit:

 

(1) for governor or lieutenant governor, that on the first Monday of the next January the candidate will be 25 years of age or older and, on the day of the state general election, a resident of Minnesota for not less than one year;

 

(2) for supreme court justice, court of appeals judge, or district court judge, that the candidate is learned in the law and will not turn 70 years of age before the first Monday in January of the following year;

 

(3) for county, municipal, school district, or special district office, that the candidate meets any other qualifications for that office prescribed by law;

 

(4) for senator or representative in the legislature, that on the day of the general or special election to fill the office the candidate will have resided maintained residence not less than one year in the state and not less than six months in the legislative district from which the candidate seeks election.

 

Sec. 55.  Minnesota Statutes 2022, section 204B.06, is amended by adding a subdivision to read:

 

Subd. 9.  Multiple affidavits of candidacy.  Notwithstanding subdivision 1, clause (2):

 

(1) a candidate for soil and water conservation district supervisor in a district not located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County may also have on file an affidavit of candidacy for:

 

(i) mayor or council member of a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district; or

 

(ii) town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district; and

 

(2) a candidate for school board member may also have on file an affidavit of candidacy for town board supervisor, unless that town board is exercising the powers of a statutory city under section 368.01 or an applicable special law.

 

Sec. 56.  Minnesota Statutes 2022, section 204B.09, subdivision 1, is amended to read:

 

Subdivision 1.  Candidates in state and county general elections.  (a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 84 days nor less than 70 days before the state primary.  The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period.

 

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10.


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(c) This provision does not apply to candidates for presidential elector nominated by major political parties.  Major party candidates for presidential elector are certified under section 208.03.  Other candidates for presidential electors may file petitions at least 77 days before the general election day pursuant to section 204B.07.  Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13.  No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing.

 

(d) Affidavits and petitions for county offices must be filed with the county auditor of that county.  Affidavits and petitions for federal offices must be filed with the secretary of state.  Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides maintains residence.

 

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must be received by 5:00 p.m. on the last day for filing.

 

Sec. 57.  Minnesota Statutes 2022, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3.  Write-in candidates.  (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh day before the general election.  The filing officer shall provide copies of the form to make the request.  The filing officer shall not accept a written request later than 5:00 p.m. on the last day for filing a written request.

 

(b) The governing body of a statutory or home rule charter city may adopt a resolution governing the counting of write-in votes for local elective office.  The resolution may:

 

(1) require the candidate to file a written request with the chief election official at least seven days before the city election if the candidate wants to have the candidate's write-in votes individually recorded; or

 

(2) require that write-in votes for an individual candidate only be individually recorded if the total number of write-in votes for that office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate. 

 

If the governing body of the statutory or home rule charter city adopts a resolution authorized by this paragraph, the resolution must be adopted before the first day of filing for office.  A resolution adopted under this paragraph remains in effect until a subsequent resolution on the same subject is adopted by the governing body of the statutory or home rule charter city.

 

(c) The governing body of a township, school board, hospital district, park district, soil and water district, or other ancillary elected district may adopt a resolution governing the counting of write-in votes for local elective office.  The resolution may require that write-in votes for an individual candidate only be individually recorded if the total number of write-in votes for that office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate.

 

(b) (d) A candidate for president of the United States who files a request under this subdivision must file jointly with another individual seeking nomination as a candidate for vice president of the United States.  A candidate for vice president of the United States who files a request under this subdivision must file jointly with another individual seeking nomination as include the name of a candidate for vice president of the United States.  The request must also include the name of at least one candidate for presidential elector.  The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

 

(c) (e) A candidate for governor who files a request under this subdivision must file jointly with another individual seeking nomination as a candidate for lieutenant governor.  A candidate for lieutenant governor who files a request under this subdivision must file jointly with another individual seeking nomination as a candidate for governor.


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Sec. 58.  Minnesota Statutes 2022, section 204B.13, is amended by adding a subdivision to read:

 

Subd. 6a.  Candidates for federal office.  This section does not apply to a vacancy in nomination for a federal office.

 

Sec. 59.  Minnesota Statutes 2022, section 204B.14, subdivision 2, is amended to read:

 

Subd. 2.  Separate precincts; combined polling place.  (a) The following shall constitute at least one election precinct:

 

(1) each city ward; and

 

(2) each town and each statutory city.

 

(b) A single, accessible, combined polling place may be established no later than November 1 if a presidential nomination primary is scheduled to occur in the following year or May 1 of any other year:

 

(1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots;

 

(2) for contiguous precincts in the same municipality;

 

(3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

 

(4) for noncontiguous precincts located in one or more counties.

 

Subject to the requirements of paragraph (c), a single, accessible, combined polling place may be established after May 1 of any year in the event of an emergency.

 

A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body, and the county auditor must provide notice within ten days to the secretary of state, in a manner and including information prescribed by the secretary of state.  A polling place combined under clause (3) must be approved by the governing body of each participating municipality.  A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts.  A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than October 1 if a presidential nomination primary is scheduled to occur in the following year or April 1 of any other year, and the county auditor must provide notice within ten days to the secretary of state, in a manner and including information prescribed by the secretary of state.

 

The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place, except that in a precinct that uses electronic rosters the secretary of state shall provide separate data files for each precinct.  A single set of election judges may be appointed to serve at a combined polling place.  The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place.  Separate ballot boxes must be provided for the ballots from each precinct.  The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state.


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(c) If a local elections official determines that an emergency situation preventing the safe, secure, and full operation of a polling place on election day has occurred or is imminent, the local elections official may combine two or more polling places for that election pursuant to this subdivision.  To the extent possible, the polling places must be combined and the election conducted according to the requirements of paragraph (b), except that:

 

(1) polling places may be combined after May 1 and until the polls close on election day;

 

(2) any city or town, regardless of size or location, may establish a combined polling place under this paragraph;

 

(3) the governing body is not required to adopt an ordinance or resolution to establish the combined polling place;

 

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved by the local election official of each participating municipality;

 

(5) the local elections official must immediately notify the county auditor and the secretary of state of the combination, including the reason for the emergency combination and the location of the combined polling place.  As soon as possible, the local elections official must also post a notice stating the reason for the combination and the location of the combined polling place.  The notice must also be posted on the governing board's website, if one exists.  The local elections official must also notify the election judges and request that local media outlets publicly announce the reason for the combination and the location of the combined polling place; and

 

(6) on election day, the local elections official must post a notice in large print in a conspicuous place at the polling place where the emergency occurred, if practical, stating the location of the combined polling place.  The local election official must also post the notice, if practical, in a location visible by voters who vote from their motor vehicles as provided in section 204C.15, subdivision 2.  If polling place hours are extended pursuant to section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph must include a statement that the polling place hours at the combined polling place will be extended until the specified time.

 

Sec. 60.  Minnesota Statutes 2022, section 204B.16, subdivision 1, is amended to read:

 

Subdivision 1.  Authority; location.  (a) By December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling place for each election precinct.  The polling places designated in the ordinance or resolution are the polling places for the following calendar year, unless a change is made:  any changes to a polling place location.  A polling place must be maintained for the following calendar year unless changed:

 

(1) by ordinance or resolution by December 31 of the previous year;

 

(1) (2) pursuant to section 204B.175;

 

(2) (3) because a polling place has become unavailable;

 

(3) (4) because a township designates one location for all state, county, and federal elections and one location for all township only elections; and

 

(4) (5) pursuant to section 204B.14, subdivision 3.

 

(b) Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day.  The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within one mile of one of those


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boundaries unless a single polling place is designated for a city pursuant to section 204B.14, subdivision 2, or a school district pursuant to section 205A.11.  The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct.  If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district.

 

Sec. 61.  Minnesota Statutes 2022, section 204B.19, subdivision 6, is amended to read:

 

Subd. 6.  High school students Trainee election judges.  (a) Notwithstanding any other requirements of this section, a student enrolled in a high school in Minnesota or who is in a home school in compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible to be appointed as a without party affiliation trainee election judge in the county in which the student resides maintains residence, or a county adjacent to the county in which the student resides maintains residence.  The student must meet qualifications for trainee election judges specified in rules of the secretary of state.  A student appointed under this subdivision while enrolled in a high school or receiving instruction in a home school may continue to serve as a trainee election judge after the student graduates and until the student reaches the age of 18.

 

(b) A student appointed as a trainee election judge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election.  Students shall not serve as A trainee election judges judge shall not serve after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election judges may be paid not less than two-thirds of the minimum wage for a large employer.  The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance at the time of service as a trainee election judge.

 

Sec. 62.  Minnesota Statutes 2022, section 204B.21, subdivision 2, is amended to read:

 

Subd. 2.  Appointing authority; powers and duties.  Election judges for precincts in a municipality shall be appointed by the governing body of the municipality.  Election judges for precincts in unorganized territory and for performing election-related duties assigned by the county auditor shall be appointed by the county board.  Election judges for a precinct composed of two or more municipalities must be appointed by the governing body of the municipality or municipalities responsible for appointing election judges as provided in the agreement to combine for election purposes.  Except as otherwise provided in this section, appointments shall be made from the list of voters who reside maintain residence in each precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and other qualifications established or authorized under section 204B.19.  At least two election judges in each precinct must be affiliated with different major political parties.  If no lists have been furnished or if additional election judges are required after all listed names in that municipality have been exhausted, the appointing authority may appoint other individuals who meet the qualifications to serve as an election judge, including persons on the list furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality, and persons who are not affiliated with a major political party.  An individual who is appointed from a source other than the list furnished pursuant to subdivision 1 must provide to the appointing authority the individual's major political party affiliation or a statement that the individual does not affiliate with any major political party.  An individual who refuses to provide the individual's major political party affiliation or a statement that the individual does not affiliate with a major political party must not be appointed as an election judge.  The appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required.


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Sec. 63.  Minnesota Statutes 2022, section 204B.26, is amended to read:

 

204B.26 ELECTION JUDGES; VIOLATIONS; PENALTIES.

 

A county auditor or municipal clerk may remove any precinct election official at any time if the official engages in a neglect of duty, malfeasance, misconduct in office, or for other cause.  Any individual who serves as an election judge in violation of any of the provisions of sections 204B.19 to 204B.25, is guilty of a misdemeanor.

 

Sec. 64.  Minnesota Statutes 2022, section 204B.28, subdivision 2, is amended to read:

 

Subd. 2.  Election supplies; duties of county auditors and clerks.  (a) Except as otherwise provided for absentee ballots in this section and in section 204B.35, subdivision 4, the county auditor shall complete the preparation of the election materials for which the auditor is responsible at least four days before every state primary and state general election.  At any time after all election materials are available from the county auditor but not later than four days before the election each municipal clerk shall secure from the county auditor:

 

(a) (1) the forms that are required for the conduct of the election;

 

(b) (2) any printed voter instruction materials furnished by the secretary of state;

 

(c) (3) any other instructions for election officers; and

 

(d) (4) a sufficient quantity of the official ballots, registration files, envelopes for ballot returns, and other supplies and materials required for each precinct in order to comply with the provisions of the Minnesota Election Law.  The county auditor may furnish the election supplies to the municipal clerks in the same manner as the supplies are furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1.

 

(b) The county auditor must prepare and make available election materials for early voting to city clerks designated to administer early voting under section 203B.05 at least one day prior to the beginning of the early voting period as provided in section 203B.081.

 

EFFECTIVE DATE.  This section is effective upon the revisor of statutes' receipt of the early voting certification and applies to elections held on or after January 1, 2024, or the 85th day after the revisor of statutes receives the certification, whichever is later.

 

Sec. 65.  Minnesota Statutes 2022, section 204B.32, subdivision 2, is amended to read:

 

Subd. 2.  Allocation of election expenses.  The secretary of state shall develop procedures for the allocation of election expenses among counties, municipalities, and school districts for elections that are held concurrently.  The following expenses must be included in the procedures:  salaries of election judges; postage for absentee ballots and applications; preparation of polling places; preparation and testing of electronic voting systems; ballot preparation; publication of election notices and sample ballots, including the notice required by section 204D.16; transportation of ballots and election supplies; and compensation for administrative expenses of the county auditor, municipal clerk, or school district clerk.

 

EFFECTIVE DATE.  This section is effective December 1, 2023, or upon the secretary of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph (b), whichever is earlier.  The secretary of state must notify the revisor of statutes of the approval date. 

 

Sec. 66.  Minnesota Statutes 2022, section 204B.35, is amended by adding a subdivision to read:

 

Subd. 6.  Electronic voting systems.  Notwithstanding sections 204B.35 to 204B.44 and chapter 204D, a jurisdiction may prepare blank paper ballots, if the jurisdiction employs an electronic voting system and the required information is instead displayed on a touch screen or other electronic device in a format that substantially meets the requirements of law.


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Sec. 67.  Minnesota Statutes 2022, section 204B.45, subdivision 1, is amended to read:

 

Subdivision 1.  Authorization.  A town of any size not located in a metropolitan county as defined by section 473.121, or a city having fewer than 400 registered voters on June 1 of an election year and not located in a metropolitan county as defined by section 473.121, may provide balloting by mail at any municipal, county, or state election with no polling place other than the office of the auditor or clerk or other locations designated by the auditor or clerk.  The governing body may apply to the county auditor for permission to conduct balloting by mail.  The county board may provide for balloting by mail in unorganized territory.  The governing body of any municipality may designate for mail balloting any precinct having fewer than 100 registered voters, subject to the approval of the county auditor.

 

Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk.

 

Sec. 68.  Minnesota Statutes 2022, section 204B.45, subdivision 2, is amended to read:

 

Subd. 2.  Procedure; voting prior to election day.  Notice of the election and the special mail procedure must be given at least ten weeks prior to the election.  Not more than 46 days nor later than 14 days before a regularly scheduled election and not more than 30 days nor later than 14 days before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the city, town, or unorganized territory.  No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.  Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B.  Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk.  The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day.  The board may consist of deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party.  Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10.  If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.  If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected.  The official must document the attempts made to contact the voter.

 

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election.  After the close of business On the seventh 18th day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.

 

In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.

 

The mail and absentee ballots for a precinct must be counted together and reported as one vote total.  No vote totals from mail or absentee ballots may be made public before the close of voting on election day.

 

The costs of the mailing shall be paid by the election jurisdiction in which the voter resides maintains residence.  Any ballot received by 8:00 p.m. on the day of the election must be counted.

 

Sec. 69.  Minnesota Statutes 2022, section 204B.45, is amended by adding a subdivision to read:

 

Subd. 2a.  Procedure; voting on election day.  (a) The county auditor may make available a ballot counter and ballot box for use during voting hours on election day by the voters voting under this section.  If a ballot counter and ballot box is provided on election day, a voter must be given the option to either:


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(1) vote using the procedures provided in subdivision 2; or

 

(2) vote in the manner provided in this subdivision.

 

(b) When a voter appears in the designated polling place, the voter must state the voter's name, address, and, if requested, the voter's date of birth to the mail ballot voting official.  The mail ballot 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 or whose name or address has changed must register 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.

 

(c) 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 signing the voter certification, two mail ballot voting officials must initial the ballot and issue it to the voter, and 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 the ballot from the polling place.  If the voter spoils the ballot, the voter may return it to the mail ballot 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 mail ballot voting official must immediately record that the voter has voted in the manner provided in section 203B.121, subdivision 3.

 

(d) The mail ballot voting official must remove and secure the ballots following the procedures in section 203B.121, subdivision 5, paragraph (a).  The absentee 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).

 

(e) For purposes of this subdivision, "mail ballot voting official" means the county auditor, the city clerk, a deputy of the auditor or clerk, or an election judge assigned by the auditor or clerk.

 

Sec. 70.  Minnesota Statutes 2022, section 204B.46, is amended to read:

 

204B.46 MAIL ELECTIONS; QUESTIONS.

 

A county, municipality, or school district submitting questions to the voters at a special election may conduct an election by mail with no polling place other than the office of the auditor or clerk.  No offices may be voted on at a mail election., except in overlapping school and municipality jurisdictions, where a mail election may include an office when one of the jurisdictions also has a question on the ballot.  Notice of the election must be given to the county auditor at least 74 days prior to the election.  This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000.  The special mail ballot procedures must be posted at least six weeks prior to the election.  Not more than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or school district.  No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.  Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to chapter 203B.  The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day.  The board may consist of deputy county auditors, deputy municipal clerks, or deputy school district clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party.  Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10.  If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk must provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.  If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected.  The official must document the attempts made to contact the voter.


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If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election.  After the close of business On the seventh 18th day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.

 

In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.

 

The mail and absentee ballots for a precinct must be counted together and reported as one vote total.  No vote totals from ballots may be made public before the close of voting on election day.

 

Sec. 71.  Minnesota Statutes 2022, section 204B.49, is amended to read:

 

204B.49 "I VOTED" STICKERS.

 

The secretary of state, county auditor, municipal clerk, school district clerk, or an election judge may provide a sticker containing the words "I VOTED," and nothing more, to an individual who:

 

(1) has successfully deposited a ballot into a ballot box, under section 203B.081, subdivision 3, or 204C.13, subdivision 5;

 

(2) is provided an absentee ballot under section 203B.07, subdivision 1, or 203B.21, subdivision 2; or

 

(3) is provided a ballot by mail under section 204B.45 or 204B.46.

 

Sec. 72.  Minnesota Statutes 2022, section 204C.04, subdivision 1, is amended to read:

 

Subdivision 1.  Right to be absent.  Every employee who is eligible to vote in an election has the right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election or during the time period allowed under section 203B.081 for voting in person before election day, without penalty or deduction from salary or wages because of the absence.  An employer or other person may not directly or indirectly refuse, abridge, or interfere with this right or any other election right of an employee.

 

Sec. 73.  Minnesota Statutes 2022, section 204C.07, subdivision 4, is amended to read:

 

Subd. 4.  Restrictions on conduct.  An election judge may must not be appointed as a challenger.  The election judges shall must permit challengers appointed pursuant to this section to be present in the polling place during the hours of voting and to remain there until the votes are counted and the results declared.  No A challenger shall must not handle or inspect registration cards, files, or lists.  Challengers shall must not prepare in any manner any list of individuals who have or have not voted.  They shall must not attempt to influence voting in any manner.  They shall In accordance with section 204C.12, challengers must not converse with a voter except to determine, in the presence of an election judge, whether the voter is eligible to vote in the precinct.

 

Sec. 74.  Minnesota Statutes 2022, section 204C.15, subdivision 1, is amended to read:

 

Subdivision 1.  Physical assistance in marking ballots.  A voter who claims a need for assistance because of inability to read English or physical inability to mark a ballot may obtain the aid of two election judges who are members of different major political parties.  The election judges shall mark the ballots as directed by the voter and in as secret a manner as circumstances permit.  A voter in need of assistance may alternatively obtain the assistance of any individual the voter chooses.  Only the following persons may not provide assistance to a voter:  the voter's employer, an agent of the voter's employer, or an officer or agent of the voter's union, or a candidate for election. 


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The person who assists the voter shall, unaccompanied by an election judge, retire with that voter to a booth and mark the ballot as directed by the voter.  No person who assists another voter as provided in the preceding sentence shall mark the ballots of more than three voters at one election.  Before the ballots are deposited, the voter may show them privately to an election judge to ascertain that they are marked as the voter directed.  An election judge or other individual assisting a voter shall not in any manner request, persuade, induce, or attempt to persuade or induce the voter to vote for any particular political party or candidate.  The election judges or other individuals who assist the voter shall not reveal to anyone the name of any candidate for whom the voter has voted or anything that took place while assisting the voter.

 

Sec. 75.  Minnesota Statutes 2022, section 204C.19, subdivision 3, is amended to read:

 

Subd. 3.  Premature disclosure of count results.  No count results from any precinct shall be disclosed by any election judge or other individual until all count results from that precinct are available, nor shall the public media disclose any count results from any precinct before the time when voting is scheduled to end in the state.  Count results from absentee ballots received by the county after 3:00 p.m. on election day may be added to the total count results after the initial results reporting of the precinct.  If the precinct results do not include all absentee ballots, the county must report to the secretary of state and on the county's website the number of absentee ballots remaining to be processed.

 

Sec. 76.  Minnesota Statutes 2022, section 204C.24, subdivision 1, is amended to read:

 

Subdivision 1.  Information requirements.  Precinct summary statements shall be submitted by the election judges in every precinct.  For all elections, the election judges shall complete three or more copies of the summary statements, and each copy shall contain the following information for each kind of ballot:

 

(1) the number of ballots delivered to the precinct as adjusted by the actual count made by the election judges, the number of unofficial ballots made, and the number of absentee ballots delivered to the precinct;

 

(2) the number of votes each candidate received or the number of yes and no votes on each question, the number of undervotes, the number of overvotes, and the number of defective ballots with respect to each office or question;

 

(3) the number of spoiled ballots, the number of duplicate ballots made, the number of absentee ballots rejected, and the number of unused ballots, presuming that the total count provided on each package of unopened prepackaged ballots is correct;

 

(4) the number of voted ballots indicating only a voter's choices as provided by section 206.80, paragraph (b), clause (2), item (ii);

 

(5) the number of individuals who voted at the election in the precinct which must equal the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86, subdivision 1;

 

(5) (6) the number of voters registering on election day in that precinct; and

 

(6) (7) the signatures of the election judges who counted the ballots certifying 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;

 

(8) the number of election judges that worked in that precinct on election day; and

 

(9) the number of voting booths used in that precinct on election day.

 

At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections.


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Sec. 77.  Minnesota Statutes 2022, section 204C.28, subdivision 1, is amended to read:

 

Subdivision 1.  County auditor.  (a) Every county auditor shall must remain at the auditor's office to receive delivery of the returns, to permit public inspection of the summary statements, and to tabulate the votes until all have been tabulated and the results made known, or until 24 hours have elapsed since the end of the hours for voting, whichever occurs first, unless the county auditor adjourns absentee ballot counting.  Every county auditor shall must, in the presence of the municipal clerk or the election judges who deliver the returns, make a record of all materials delivered, the time of delivery, and the names of the municipal clerk or election judges who made delivery.  The record must include the number of ballots delivered to the precinct, as certified by section 204B.28, and the total number of ballots returned, as certified by the election judges under section 204C.24.  A discrepancy between the number of ballots delivered to the precinct and the number of total ballots returned by election judges that cannot be reconciled by taking into account the adjustments made by the election judge counts and any unofficial ballots must be noted, but does not necessarily require disqualification of the votes from that precinct or invalidation of the election.  The county auditor shall must file the record and all envelopes containing ballots in a safe and secure place with envelope seals unbroken.  Access to the record and ballots shall must be strictly controlled.  Accountability and a record of access shall must be maintained by the county auditor during the period for contesting elections or, if a contest is filed, until the contest has been finally determined.  Thereafter, the record shall must be retained in the auditor's office for the same period as the ballots as provided in section 204B.40.

 

(b) The county auditor shall must file all envelopes containing ballots in a safe place with seals unbroken.  If the envelopes were previously are opened by proper authority for examination or recount as specifically authorized by a court or statute, the county auditor shall must have the envelopes sealed again and signed by the individuals who made the inspection or recount.  The envelopes may be opened by the county canvassing board auditor if necessary to procure election returns that the election judges inadvertently may have sealed in the envelopes with the ballots.  In that case, the envelopes shall must be sealed again and signed in the same manner as otherwise provided in this subdivision.

 

Sec. 78.  Minnesota Statutes 2022, section 204C.33, subdivision 3, is amended to read:

 

Subd. 3.  State canvass.  The State Canvassing Board shall meet at a public meeting space located in the Capitol complex area on the third Tuesday following the state general election to canvass the certified copies of the county canvassing board reports received from the county auditors and shall prepare a report that states:

 

(1) the number of individuals voting in the state and in each county;

 

(2) the number of votes received by each of the candidates, specifying the counties in which they were cast; and

 

(3) the number of votes counted for and against each constitutional amendment, specifying the counties in which they were cast.

 

Upon completion of the canvass, the State Canvassing Board shall declare the candidates duly elected who received the highest number of votes for each federal and state office.  All members of the State Canvassing Board shall sign the report and certify its correctness.  The State Canvassing Board shall declare the result within three days after completing the canvass.

 

Sec. 79.  Minnesota Statutes 2022, section 204C.35, is amended by adding a subdivision to read:

 

Subd. 5.  Challenged ballots.  Notwithstanding any law to the contrary, a canvassing board may direct a recount official to make images of ballots challenged by a candidate in a recount available to the public.

 

Sec. 80.  Minnesota Statutes 2022, section 204C.39, subdivision 1, is amended to read:

 

Subdivision 1.  Manner of correction.  A county canvassing board may determine by majority vote that the election judges have made an obvious error in counting or recording the votes for an office.  The county canvassing board shall then promptly notify all candidates for that office of the determination, including a description of the error.  A candidate who receives notification pursuant to this subdivision or any candidate who believes that the


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election judges in a precinct have made an obvious error in the counting or recording of the votes for an office may The county canvassing board must also instruct the county auditor to apply without unreasonable delay to the district court of the county containing the precinct in which the alleged error was made for an order determining whether or not an obvious error has been made.  The applicant auditor shall describe the alleged error in the application and may submit additional evidence as directed by the court.  The applicant auditor shall notify the county canvassing board and all candidates for the affected office in the manner directed by the court.  If the court finds that the election judges made an obvious error it shall issue an order specifying the error and directing the county canvassing board to inspect the ballots and returns of the precinct in order to correct the error and to proceed further in accordance with this section or otherwise as the court may direct.

 

Sec. 81.  Minnesota Statutes 2022, section 204D.08, subdivision 5, is amended to read:

 

Subd. 5.  Party columns; arrangement.  The names of candidates for nomination of the major political party that received the smallest average vote at the last state general election must be placed in the first column on the left side of the ballot.  The names of candidates for nomination of the major political party that received the next smallest average vote at the last state general election must be placed in the second column, and so on.  The average vote shall be computed in the manner provided in section 204D.13, subdivision 2 by dividing the total number of votes counted for all of the party's candidates for statewide office at the state general election by the number of those candidates at the election.

 

Sec. 82.  Minnesota Statutes 2022, section 204D.08, subdivision 6, is amended to read:

 

Subd. 6.  State and county nonpartisan primary ballot.  The state and county nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary Ballot."  It shall be printed in the manner provided in the rules of the secretary of state.  The names of candidates for nomination to the supreme court, court of appeals, district court, and all county offices, all city offices, and all school district offices shall be placed on this ballot.

 

No candidate whose name is placed on the state and county nonpartisan primary ballot shall be designated or identified as the candidate of any political party or in any other manner except as expressly provided by law.

 

Sec. 83.  Minnesota Statutes 2022, section 204D.09, subdivision 2, is amended to read:

 

Subd. 2.  Sample ballot.  At least 46 days before the state primary the county auditor shall must prepare a sample ballot for each precinct for public inspection and transmit an electronic copy of these sample ballots to the secretary of state.  The names of the candidates to be voted for in the county shall must be placed on the sample ballots, with the names of the candidates for each office arranged in the base rotation as determined by section 206.61, subdivision 5.  The county auditor shall must post the sample ballots in a conspicuous place in the auditor's office and shall cause them to be published.  At least one week before the state primary, the county auditor must publish a notice to voters pursuant to section 204D.16 in at least one newspaper of general circulation in the county.

 

EFFECTIVE DATE.  This section is effective December 1, 2023, or upon the secretary of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph (b), whichever is earlier.  The secretary of state must notify the revisor of statutes of the approval date.

 

Sec. 84.  Minnesota Statutes 2022, section 204D.14, subdivision 1, is amended to read:

 

Subdivision 1.  Rotation of names.  The names of candidates for partisan and nonpartisan offices on the state general election ballot and the judicial nonpartisan general election ballot shall be rotated in the manner provided for rotation of names on state partisan primary ballots by section 204D.08, subdivision 3.


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Sec. 85.  Minnesota Statutes 2022, section 204D.16, is amended to read:

 

204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING; PUBLICATION.

 

(a) At least 46 days before the state general election, the county auditor shall must post sample ballots for each precinct in the auditor's office for public inspection and transmit an electronic copy of these sample ballots to the secretary of state.

 

(b) No earlier than 15 20 days and no later than two ten days before the state general election the county auditor shall must cause a sample state general election ballot notice to voters to be published in at least one newspaper of general circulation in the county.  The secretary of state, in collaboration with stakeholders, must design the notice to be published, including the format and content to be used.  The secretary of state, in collaboration with stakeholders, may modify the content or format of the notice to be used by metropolitan counties, as defined in section 473.121, subdivision 4.  When published, the notice must be sized so that it comprises a minimum of one full newspaper page.

 

(c) The notice required by paragraph (b) must, at minimum, include the following:

 

(1) a statement that the voter's official ballot will have the names of all candidates for the voter's precinct;

 

(2) the web address where a voter may view the voter's sample ballot based on the voter's address;

 

(3) the county's website where a list of sample ballots for each county precinct may be viewed;

 

(4) how a voter may obtain a free copy of a sample ballot specific to the voter's address; and

 

(5) contact information for the appropriate local election official, including a phone number and email address.

 

The notice may include information about contests on the ballot; names, offices, and party affiliation, if any, of candidates; polling place locations; poll hours; and absentee voting information.

 

(d) For purposes of this section, "stakeholder" means local government election officials and representatives of the Minnesota Newspaper Association.

 

EFFECTIVE DATE.  This section is effective December 1, 2023, or upon the secretary of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph (b), whichever is earlier.  The secretary of state must notify the revisor of statutes of the approval date.

 

Sec. 86.  Minnesota Statutes 2022, section 204D.19, subdivision 2, is amended to read:

 

Subd. 2.  Special election when legislature will be in session.  Except for vacancies in the legislature which occur at any time between the last day of session in an odd-numbered year and the 40th 54th day prior to the opening day of session in the succeeding even-numbered year, when a vacancy occurs and the legislature will be in session so that the individual elected as provided by this section could take office and exercise the duties of the office immediately upon election, the governor shall issue within five days after the vacancy occurs a writ calling for a special election.  The special election shall be held as soon as possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in no event more than 35 49 days after the issuance of the writ.  A special election must not be held during the four days before or the four days after a holiday as defined in section 645.44, subdivision 5.

 

Sec. 87.  Minnesota Statutes 2022, section 204D.22, subdivision 3, is amended to read:

 

Subd. 3.  Notice of special election.  The county auditor of a county in which a special election is to be held shall direct the clerk of each municipality in which the election is to be held to post a notice of the special primary and special election at least seven 14 days before the special primary and at least 14 21 days before the special election in the manner provided in sections 204B.33 and 204B.34.  If the special primary is to be held 14 21 days before the special election, a single notice of both elections may be posted seven days before the primary.


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When the special primary or special election is to be held on the same day as any other election, notice of the special primary or special election may be included in the notice of the other election, if practicable.

 

Sec. 88.  Minnesota Statutes 2022, section 204D.23, subdivision 2, is amended to read:

 

Subd. 2.  Time of filing.  Except as provided in subdivision 3, the affidavits and petitions shall be filed no later than 14 21 days before the special primary.

 

Sec. 89.  Minnesota Statutes 2022, section 204D.25, subdivision 1, is amended to read:

 

Subdivision 1.  Form.  Except as provided in subdivision 2, the county auditor shall must prepare separate ballots for a special primary and special election as required by sections 204D.17 to 204D.27.  The ballots shall must be headed "Special Primary Ballot" or "Special Election Ballot" as the case may be, followed by the date of the special primary or special election.  Immediately below the title of each office to be filled shall must be printed the words "To fill vacancy in term expiring ..........," with the date of expiration of the term and any other information that is necessary to distinguish the office from any other office to be voted upon at the same election.  For a special primary or special election, the instructions to voters may use the singular form of the word when referring to candidates and offices when only one office is to be filled at the special election.  Otherwise the form of the ballots shall must comply as far as practicable with the laws relating to ballots for state primaries and state general elections.  The county auditor shall must post a sample of each ballot in the auditor's office as soon as prepared and not later than four days before the special primary or special election.  Publication of the sample ballot notice to voters pursuant to section 204D.16 for a special primary or special election is not required.

 

EFFECTIVE DATE.  This section is effective December 1, 2023, or upon the secretary of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph (b), whichever is earlier.  The secretary of state must notify the revisor of statutes of the approval date.

 

Sec. 90.  Minnesota Statutes 2022, section 205.13, subdivision 5, is amended to read:

 

Subd. 5.  Nominating petition; cities of the first class.  A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who reside maintain residence in the election district from which the candidate is to be elected.  The number of signers shall be at least 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater.

 

Sec. 91.  Minnesota Statutes 2022, section 205.16, subdivision 2, is amended to read:

 

Subd. 2.  Sample ballot, publication.  For every municipal election, the municipal clerk shall must, at least two weeks before the election, publish a sample ballot notice to voters pursuant to section 204D.16 in the official newspaper of the municipality, except that the governing body of a fourth class city or a town not located within a metropolitan county as defined in section 473.121 may dispense with publication.

 

EFFECTIVE DATE.  This section is effective December 1, 2023, or upon the secretary of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph (b), whichever is earlier.  The secretary of state must notify the revisor of statutes of the approval date.

 

Sec. 92.  Minnesota Statutes 2022, section 205.175, subdivision 3, is amended to read:

 

Subd. 3.  Other municipalities.  The governing body of a municipality other than a municipality described in subdivision 2, may by resolution adopted prior to giving notice of the election, designate the time, in addition to the minimum voting hours provided in subdivision 1, during which the polling places will remain open for voting at the next succeeding and all subsequent municipal elections.  The resolution shall remain in force until it is revoked by


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the municipal governing body or changed because of request by voters as provided in this subdivision.  If a petition requesting longer voting hours, signed by a number of voters equal to 20 percent of the votes cast at the last municipal election, is presented to the municipal clerk no later than 30 days prior to the municipal election, then the polling places for that election shall open at 10:00 a.m. and close at 8:00 p.m.  The municipal clerk shall give ten days' notice of the changed voting hours and notify the county auditor and secretary of state of the change.  Municipalities covered by this subdivision shall certify their election hours to the county auditor in January of each year.

 

Sec. 93.  Minnesota Statutes 2022, section 205A.09, subdivision 2, is amended to read:

 

Subd. 2.  Other school districts.  At a school district election in a school district other than one described in subdivision 1, the school board, by resolution adopted before giving notice of the election, may designate the time during which the polling places will remain open for voting at the next succeeding and all later school district elections.  All polling places must be open between the hours of 5:00 p.m. and 8:00 p.m.  The resolution must remain in force until it is revoked by the school board or changed because of request by voters as provided in this subdivision.  If a petition requesting longer voting hours, signed by a number of voters equal to 20 percent of the votes cast at the last school district election, is presented to the school district clerk no later than 30 days before a school district election, then the polling places for that election must open at 10:00 a.m. and close at 8:00 p.m.  The school district clerk must give ten days' published notice and posted notice of the changed voting hours and notify appropriate county auditors and the secretary of state of the change.

 

Sec. 94.  Minnesota Statutes 2022, section 205A.10, subdivision 5, is amended to read:

 

Subd. 5.  School district canvassing board.  For the purpose of a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59, the school district canvassing board shall consist of one member of the school board other than the clerk, selected by the board, the clerk of the school board, the county auditor of the county in which the greatest number of school district residents reside maintain residence, the court administrator of the district court of the judicial district in which the greatest number of school district residents reside maintain residence, and the mayor or chair of the town board of the school district's most populous municipality.  Any member of the canvassing board may appoint a designee to appear at the meeting of the board, except that no designee may be a candidate for public office.  If one of the individuals fails to appear at the meeting of the canvassing board, the county auditor shall appoint an eligible voter of the school district, who must not be a member of the school board, to fill the vacancy.  Not more than two school board members shall serve on the canvassing board at one time.  Four members constitute a quorum.

 

The school board shall serve as the school district canvassing board for the election of school board members.

 

Sec. 95.  Minnesota Statutes 2022, section 205A.12, subdivision 5, is amended to read:

 

Subd. 5.  Board elections.  If the proposal for the establishment of election districts is approved by the voters, the board shall specify the election districts from which vacancies shall be filled as they occur until such time as each board member represents an election district.  A candidate for school board in a subsequent election must file an affidavit of candidacy to be elected as a school board member for the election district in which the candidate resides maintains residence.  If there are as many election districts as there are members of the board, one and only one member of the board shall be elected from each election district.  In school districts where one or more board members are elected by election districts, candidates must indicate on the affidavit of candidacy the number of the district from which they seek election or, if appropriate, that they seek election from one of the offices elected at large.  If the election districts have two or three members each, the terms of the members must be staggered.  Each board member must be a resident of the election district for which elected but the creation of an election district or a change in election district boundaries shall not disqualify a board member from serving for the remainder of a term.

 

Sec. 96.  Minnesota Statutes 2022, section 206.58, subdivision 1, is amended to read:

 

Subdivision 1.  Municipalities.  (a) The governing body of a municipality, at a regular meeting or at a special meeting called for the purpose, may provide for the use of an electronic voting system in one or more precincts and at all elections in the precincts, subject to approval by the county auditor.  Once a municipality has adopted the use of an electronic voting system in one or more precincts, the municipality must continue to use an electronic voting


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system for state elections in those precincts.  The governing body shall must disseminate information to the public about the use of a new voting system at least 60 days prior to the election and shall must provide for instruction of voters with a demonstration voting system in a public place for the six weeks immediately prior to the first election at which the new voting system will be used.

 

No system may be adopted or used (b) A municipality must not adopt or use a system unless it has been approved by the secretary of state pursuant to section 206.57.

 

Sec. 97.  Minnesota Statutes 2022, section 206.58, subdivision 3, is amended to read:

 

Subd. 3.  Counties.  (a) The governing body of a county may provide for the use of an electronic voting system in one or more precincts of the county at all elections.  Once a county has adopted the use of an electronic voting system in one or more precincts, the county must continue to use an electronic voting system for state elections in those precincts.  The governing body of the municipality shall must give approval before an electronic voting system may be adopted or used in the municipality under the authority of this section. 

 

No system may be adopted or used (b) A county must not adopt or use a system unless it has been approved by the secretary of state pursuant to section 206.57.

 

Sec. 98.  Minnesota Statutes 2022, section 206.61, subdivision 1, is amended to read:

 

Subdivision 1.  Official responsible for providing ballots.  (a) The official charged with providing paper ballots when they are used shall provide all ballot cards, sample ballots, precinct summary statements, and other necessary supplies needed for electronic voting systems, except as otherwise provided by this section.

 

(b) At general elections and primaries the county auditor of each county in which an electronic voting system is used shall provide all ballot cards and other necessary printed forms and supplies needed for the electronic voting system, including all forms needed for voting on candidates and questions, the ballots for which are required by the election laws to be provided by the state when paper ballots are used.

 

(c) In precincts using a ballot format as provided by section 206.80, paragraph (b), clause (2), voters must be provided the option of voting with a regularly printed optical scan ballot.

 

Sec. 99.  Minnesota Statutes 2022, section 206.80, is amended to read:

 

206.80 ELECTRONIC VOTING SYSTEMS.

 

(a) An electronic voting system may not be employed unless it:

 

(1) permits every voter to vote in secret;

 

(2) permits every voter to vote for all candidates and questions for whom or upon which the voter is legally entitled to vote;

 

(3) provides for write-in voting when authorized;

 

(4) automatically rejects, except as provided in section 206.84 with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast;

 

(5) permits a voter at a primary election to select secretly the party for which the voter wishes to vote;

 

(6) automatically rejects all votes cast in a primary election by a voter when the voter votes for candidates of more than one party; and


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(7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record available for use in any recount.

 

(b) An electronic voting system purchased on or after June 4, 2005, may not be employed unless it:

 

(1) accepts and tabulates, in the polling place or at a counting center, a marked optical scan ballot; or

 

(2) creates a marked optical scan ballot that can be tabulated in the polling place or at a counting center by automatic tabulating equipment certified for use in this state and the ballot is:

 

(i) a marked optical scan ballot; or

 

(ii) a marked paper ballot indicating, at a minimum, the date of the election; the name of the precinct; an electronically readable precinct identifier or ballot style indicator; and the voter's votes for each office or question, generated from the voter's use of a touch screen or other electronic device on which a complete ballot meeting the information requirements of any applicable law was displayed electronically.

 

(c) The use of multiple ballot formats of electronic voting systems in a jurisdiction is not a violation of a voter's right to vote in secret, provided that a record of the ballot formats of electronic voting system used by a voter is not recorded by the election judges or any other elections official in any form.

 

Sec. 100.  Minnesota Statutes 2022, section 206.83, is amended to read:

 

206.83 TESTING OF VOTING SYSTEMS.

 

Within 14 At least three days before election day voting equipment is used, the official in charge of elections shall have the voting system tested to ascertain that the system will correctly mark ballots using all methods supported by the system, including through assistive technology, and count the votes cast for all candidates and on all questions.  Public notice of the time and place of the test must be given at least two days in advance by publication once in official newspapers.  The test must be observed by at least two election judges, who are not of the same major political party, and must be open to representatives of the political parties, candidates, the press, and the public.  The test must be conducted by (1) processing a preaudited group of ballots punched or marked to record a predetermined number of valid votes for each candidate and on each question, and must include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the voting system tabulator and electronic ballot marker to reject those votes; and (2) processing an additional test deck of ballots marked using the electronic ballot marker for the precinct, including ballots marked using the electronic ballot display, audio ballot reader, and any assistive voting technology used with the electronic ballot marker.  If any error is detected, the cause must be ascertained and corrected and an errorless count must be made before the voting system may be used in the election.  After the completion of the test, the programs used and ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

 

Sec. 101.  Minnesota Statutes 2022, section 206.845, subdivision 1, is amended to read:

 

Subdivision 1.  Prohibited connections.  The county auditor and municipal clerk must secure ballot recording and tabulating systems physically and electronically against unauthorized access.  Except for wired connections within the polling place, ballot recording and tabulating systems must not be connected to or operated on, directly or indirectly, any electronic network, including a local area network, a wide-area network, the Internet, or the World Wide Web.  Wireless communications may not be used in any way in a vote recording or vote tabulating system.  Wireless, device-to-device capability is not permitted.  No connection by modem is permitted.


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Transfer of information from the ballot recording or tabulating system to another system for network distribution or broadcast must be made by disk, tape, or other physical means of communication, other than direct or indirect electronic connection of the vote recording or vote tabulating system.  A county auditor or municipal clerk may not create or disclose, or permit any other person to create or disclose, an electronic image of the hard drive of any vote recording or tabulating system or any other component of an electronic voting system, except as authorized in writing by the secretary of state or for the purpose of conducting official duties as expressly authorized by law.

 

Sec. 102.  Minnesota Statutes 2022, section 206.845, is amended by adding a subdivision to read:

 

Subd. 3.  Cast vote records.  After the municipal clerk or county auditor has received data from automatic tabulating equipment, textual data from the file is public, with the following exceptions, which are protected nonpublic data under section 13.02:

 

(1) data that indicate the date, time, or order in which a voter cast a ballot;

 

(2) data that indicate the method with which a voter cast a ballot;

 

(3) data files that do not include all ballots cast in a precinct;

 

(4) data files that provide data in the order it was generated; and

 

(5) data from precincts in which fewer than ten votes were cast. 

 

Data stored as images are protected nonpublic data under section 13.02.

 

Sec. 103.  Minnesota Statutes 2022, section 206.86, is amended by adding a subdivision to read:

 

Subd. 5a.  Ballots in precincts with multiple styles of voting system.  In the event the results of a precinct are subject to a recount under section 204C.35 or 204C.36, or are subject to a postelection review under section 206.89, and a ballot format as provided in section 206.80, paragraph (b), clause (2), was used by ten or fewer voters in the precinct, the election judges from that precinct are not eligible to participate in conducting a recount or postelection review in that precinct.

 

Sec. 104.  Minnesota Statutes 2022, section 206.90, subdivision 10, is amended to read:

 

Subd. 10.  Counting write-in votes.  Notwithstanding section 204C.22, subdivision 4, in precincts using optical scan voting systems, the ballot must be marked in the oval or other target shape opposite the blank when a voter writes an individual's name on the line provided for write-in votes in order to be counted.  The judges shall count the write-in votes and enter the number of those votes on forms provided for the purpose.  When the write-in votes are recorded on a medium that cannot be examined for write-in votes by the automatic tabulating equipment or the automatic tabulating equipment does not reject, with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to count, all ballot envelopes or other medium on which write-in votes have been recorded must be serially numbered, starting with the number one and the same number must be placed on the ballot card of the voter.  The judges shall compare the write-in votes with the votes cast on the ballot card.  If the total number of votes for any office exceeds the number allowed by law, a notation to that effect must be entered on the back of the ballot card and the card must be returned to the counting center in an envelope marked "defective ballots"; however, valid votes on ballot cards containing invalid votes must be counted as provided in section 206.86, subdivision 5.

 

When the write-in votes are recorded on ballot cards that can be examined for write-in votes by the automatic tabulating equipment and the automatic tabulating equipment rejects all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast, the judges shall examine the ballot cards with write-in votes and count the valid write-in votes.


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Sec. 105.  Minnesota Statutes 2022, section 207A.12, is amended to read:

 

207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

 

(a) Except as otherwise provided by law, the presidential nomination primary must be conducted, and the results canvassed and returned, in the manner provided by law for the state primary.

 

(b) An individual seeking to vote at the presidential nomination primary must be registered to vote pursuant to section 201.054, subdivision 1.  The voter must request the ballot of the party for whose candidate the individual wishes to vote.  Notwithstanding section 204C.18, subdivision 1, the election judge must record in the polling place roster the name of the political party whose ballot the voter requested.  When posting voter history pursuant to section 201.171, the county auditor must include the name of the political party whose ballot the voter requested.  The political party ballot selected by a voter is private data on individuals as defined under section 13.02, subdivision 12, except as provided in section 201.091, subdivision 4a.  A voter eligible to cast a ballot as provided in section 5B.06 must be permitted to cast a ballot at the presidential nomination primary consistent with the requirements of that section.

 

(c) Immediately after the state canvassing board declares the results of the presidential nomination primary, the secretary of state must notify the chair of each party of the results.

 

(d) The results of the presidential nomination primary must bind the election of delegates in each party.

 

Sec. 106.  Minnesota Statutes 2022, section 207A.15, subdivision 2, is amended to read:

 

Subd. 2.  Reimbursable local expenses.  (a) The secretary of state shall must reimburse the counties and municipalities for expenses incurred in the administration of the presidential nomination primary from money contained in the presidential nomination primary elections account.  The following expenses are eligible for reimbursement:  preparation and printing of ballots; postage for absentee ballots; publication of the sample ballot notice to voters pursuant to section 204D.16; preparation of polling places in an amount not to exceed $150 per polling place; preparation of electronic voting systems in an amount not to exceed $100 per precinct; compensation for temporary staff or overtime payments; salaries of election judges; compensation of county canvassing board members; and other expenses as approved by the secretary of state.

 

(b) Within 60 days after the results of a presidential nomination primary are certified by the State Canvassing Board, the county auditor must submit a request for payment of the costs incurred by the county for conducting the presidential nomination primary, and the municipal clerk must submit a request for payment of the costs incurred by the municipality for conducting the presidential nomination primary.  The request for payment must be submitted to the secretary of state, and must be accompanied by an itemized description of actual county or municipal expenditures, including copies of invoices.  In addition, the county auditor or municipal clerk must certify that the request for reimbursement is based on actual costs incurred by the county or municipality in the presidential nomination primary.

 

(c) The secretary of state shall must provide each county and municipality with the appropriate forms for requesting payment and certifying expenses under this subdivision.  The secretary of state must not reimburse expenses unless the request for payment and certification of costs has been submitted as provided in this subdivision.  The secretary of state must complete the issuance of reimbursements to the counties and municipalities no later than 90 days after the results of the presidential nomination primary have been certified by the State Canvassing Board.

 

EFFECTIVE DATE.  This section is effective December 1, 2023, or upon the secretary of state's approval of the notice required by Minnesota Statutes, section 204D.16, paragraph (b), whichever is earlier.  The secretary of state must notify the revisor of statutes of the approval date.


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Sec. 107.  Minnesota Statutes 2022, section 208.05, is amended to read:

 

208.05 STATE CANVASSING BOARD.

 

The State Canvassing Board at its meeting on the date provided in section 204C.33 shall open and canvass the returns made to the secretary of state for presidential electors and alternates, prepare a statement of the number of votes cast for the persons receiving votes for these offices, and declare the person or persons receiving the highest number of votes for each office duly elected, except that if the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of presidential electors, the State Canvassing Board shall declare duly elected the candidates for presidential electors and alternates identified in accordance with the provisions of that agreement.  When it appears that more than the number of persons to be elected as presidential electors or alternates have the highest and an equal number of votes, the secretary of state, in the presence of the board shall decide by lot which of the persons shall be declared elected, except that if the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of presidential electors, no such drawing of lots shall be conducted.  The governor shall transmit to each person declared elected a certificate of election, signed by the governor, sealed with the state seal, and countersigned by the secretary of state.

 

Sec. 108.  [208.051] AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.

 

The Agreement Among the States to Elect the President by National Popular Vote is enacted into law and entered into with all other states legally joining in it in substantially the following form:

 

Article I - Membership

 

Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement. 

 

Article II - Right of the People in Member States to

Vote for President and Vice President

 

Each member state shall conduct a statewide popular election for president and vice president of the United States. 

 

Article III - Manner of Appointing Presidential Electors in Member States

 

Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each state of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a national popular vote total for each presidential slate.  The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the national popular vote winner.  The presidential elector certifying official of each member state shall certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner.  At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the chief election official of each other member state.  The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by Congress.  In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest


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number of popular votes within that official's own state.  If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state's number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state's presidential elector certifying official shall certify the appointment of such nominees.  The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.  This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.

 

Article IV - Other Provisions

 

This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.  Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a president's term shall not become effective until a president or vice president shall have been qualified to serve the next term.  The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official's state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.  This agreement shall terminate if the electoral college is abolished.  If any provision of this agreement is held invalid, the remaining provisions shall not be affected.

 

Article V - Definitions

 

For purposes of this agreement:

 

(1) "chief election official" means the state official or body that is authorized to certify the total number of popular votes for each presidential slate;

 

(2) "chief executive" means the governor of a state of the United States or the mayor of the District of Columbia;

 

(3) "elector slate" means a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;

 

(4) "presidential elector" means an elector for president and vice president of the United States;

 

(5) "presidential elector certifying official" mea