1.1.................... moves to amend H.F. No. 4293, the second engrossment, as follows:
1.2Page 113, after line 18, insert:
1.5 Section 1. Minnesota Statutes 2020, section 171.072, is amended to read:
1.6171.072 TRIBAL IDENTIFICATION CARD.
1.7(a) If a Minnesota identification card is deemed an acceptable form of identification
in
1.8Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
of
1.9identification. A tribal identification card is a primary document for purposes of
Minnesota
1.10Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant
1.11license or identification card.
1.12(b) For purposes of this section, "tribal identification card" means an unexpired
1.13identification card issued by a Minnesota tribal government of a tribe recognized
by the
1.14Bureau of Indian Affairs, United States Department of the Interior, that contains
the legal
1.15name, date of birth, signature, and picture of the enrolled tribal member.
1.16(c) The tribal identification card must contain security features that make it as
impervious
1.17to alteration as is reasonably practicable in its design and quality of material and
technology.
1.18The security features must use materials that are not readily available to the general
public.
1.19The tribal identification card must not be susceptible to reproduction by photocopying
or
1.20simulation and must be highly resistant to data or photograph substitution and other
1.21tampering.
1.22(d)
Except as provided in paragraph (a), the requirements of this section do not apply
:
1.23(1) except as provided in paragraph (a), to an application for a driver's license or Minnesota
2.1identification card under this chapter
; or (2) to tribal identification cards used to prove an
2.2individual's residence for purposes of section 201.061, subdivision 3.
2.3 Sec. 2. Minnesota Statutes 2020, section 201.061, subdivision 1a, is amended to read:
2.4 Subd. 1a.
Incomplete registration by mail. If
the county auditor determines that a voter
2.5who has submitted a voter registration application by mail
has not previously voted in this
2.6state for a federal office and has also not presented a document authorized for election
day
2.7registration in section
201.061, subdivision 3, to the
county auditor, and the county auditor
2.8is unable to verify
the voter's driver's license, state identification, or last four digits of the
2.9voter's Social Security number as provided by the voter on the voter registration
application
2.10whether the voter is eligible to vote, then the county auditor must notify the voter that the
2.11registration is incomplete and to complete registration by using one of the following
methods:
2.12(1)
presenting to the auditor submitting a completed voter registration application more
2.13than 20 days before the election
a document authorized for election day registration in
2.14section
201.061, subdivision 3;
2.15(2) registering in person before or on election day;
or
2.16(3) if voting by absentee ballot or by mail, following election day registration procedures
2.17for absentee voters as described in section
203B.04, subdivision 4; or
2.18(4) providing proof of residence by any of the methods authorized for election day
2.19registration in section
201.061, subdivision 3.
2.20 Sec. 3. Minnesota Statutes 2020, section 201.061, subdivision 3, is amended to read:
2.21 Subd. 3.
Election day registration. (a) An individual who is eligible to vote may register
2.22on election day by appearing in person at the polling place for the precinct in which
the
2.23individual maintains residence
, by and completing a
voter registration application
, making
2.24an oath in the form prescribed by the secretary of state and providing proof of residence.
2.25An individual may prove residence for purposes of registering by:.
2.26 (1) presenting a driver's license or Minnesota identification card issued pursuant
to
2.27section
171.07;
2.28 (2) presenting any document approved by the secretary of state as proper identification;
2.29 (3) presenting one of the following:
2.30 (i) a current valid student identification card from a postsecondary educational institution
2.31in Minnesota, if a list of students from that institution has been prepared under
section
3.1135A.17 and certified to the county auditor in the manner provided in rules of the secretary
3.2of state; or
3.3 (ii) a current student fee statement that contains the student's valid address in
the precinct
3.4together with a picture identification card; or
3.5 (4) having a voter who is registered to vote in the precinct, or an employee employed
3.6by and working in a residential facility in the precinct and vouching for a resident
in the
3.7facility, sign an oath in the presence of the election judge vouching that the voter
or employee
3.8personally knows that the individual is a resident of the precinct. A voter who has
been
3.9vouched for on election day may not sign a proof of residence oath vouching for any
other
3.10individual on that election day. A voter who is registered to vote in the precinct
may sign
3.11up to eight proof-of-residence oaths on any election day. This limitation does not
apply to
3.12an employee of a residential facility described in this clause. The secretary of state
shall
3.13provide a form for election judges to use in recording the number of individuals for
whom
3.14a voter signs proof-of-residence oaths on election day. The form must include space
for the
3.15maximum number of individuals for whom a voter may sign proof-of-residence oaths.
For
3.16each proof-of-residence oath, the form must include a statement that the individual:
(i) is
3.17registered to vote in the precinct or is an employee of a residential facility in
the precinct,
3.18(ii) personally knows that the voter is a resident of the precinct, and (iii) is making
the
3.19statement on oath. The form must include a space for the voter's printed name, signature,
3.20telephone number, and address.
3.21 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
3.22attached to the voter registration application.
3.23 (b) The operator of a residential facility shall prepare a list of the names of its
employees
3.24currently working in the residential facility and the address of the residential facility.
The
3.25operator shall certify the list and provide it to the appropriate county auditor no
less than
3.2620 days before each election for use in election day registration.
3.27 (c) "Residential facility" means transitional housing as defined in section
256E.33,
3.28subdivision 1; a supervised living facility licensed by the commissioner of health under
3.29section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision
3.305; a residence registered with the commissioner of health as a housing with services
3.31establishment as defined in section
144D.01, subdivision 4; a veterans home operated by
3.32the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
3.33licensed by the commissioner of human services to provide a residential program as
defined
3.34in section
245A.02, subdivision 14; a residential facility for persons with a developmental
4.1disability licensed by the commissioner of human services under section
252.28; setting
4.2authorized to provide housing support as defined in section
256I.03, subdivision 3; a shelter
4.3for battered women as defined in section
611A.37, subdivision 4; or a supervised publicly
4.4or privately operated shelter or dwelling designed to provide temporary living
4.5accommodations for the homeless.
4.6 (d) For tribal band members, an individual may prove residence for purposes of
4.7registering by:
4.8 (1) presenting an identification card issued by the tribal government of a tribe recognized
4.9by the Bureau of Indian Affairs, United States Department of the Interior, that contains
the
4.10name, address, signature, and picture of the individual; or
4.11 (2) presenting an identification card issued by the tribal government of a tribe recognized
4.12by the Bureau of Indian Affairs, United States Department of the Interior, that contains
the
4.13name, signature, and picture of the individual and also presenting one of the documents
4.14listed in Minnesota Rules, part 8200.5100, subpart 2, item B. For purposes of registration
4.15under this subdivision, the voter registration application must be printed on or affixed
to a
4.16provisional ballot envelope and contain the information required by section 201.071,
4.17subdivision 1. An individual who registers on election day is entitled to cast a provisional
4.18ballot pursuant to section 204C.135.
4.19 (e) (b) A county, school district, or municipality may require that an election judge
4.20responsible for election day registration initial each completed registration application.
4.21 Sec. 4. Minnesota Statutes 2020, section 201.061, subdivision 4, is amended to read:
4.22 Subd. 4.
Registration by election judges; procedures. Registration at the polling place
4.23on election day shall be conducted by the election judges. Before registering an individual
4.24to vote at the polling place, the election judge must review any list of absentee
election day
4.25registrants provided by the county auditor or municipal clerk to see if the person
has already
4.26voted by absentee ballot. If the person's name appears on the list, the election judge
must
4.27not allow the individual to register or to vote in the polling place. The election
judge who
4.28registers an individual at the polling place on election day shall not handle that
voter's ballots
4.29at any time prior to the opening of the ballot box after the voting ends. Registration
4.30applications
and forms for oaths shall be available at each polling place.
If an individual
4.31who registers on election day proves residence by oath of a registered voter, the
form
4.32containing the oath shall be attached to the individual's registration application.
Registration
4.33applications completed on election day shall be forwarded to the county auditor who
shall
4.34add the name of each voter to the registration system unless the information forwarded
is
5.1substantially deficient. A county auditor who finds an election day registration substantially
5.2deficient shall give written notice to the individual whose registration is found
deficient.
5.3An election day registration shall not be found deficient solely because the individual
who
5.4provided proof of residence was ineligible to do so.
5.5 Sec. 5. Minnesota Statutes 2020, section 201.121, subdivision 1, is amended to read:
5.6 Subdivision 1.
Entry of registration information. (a) At the time a voter registration
5.7application is properly completed, submitted, and received in accordance with sections
5.8201.061 and
201.071, the county auditor shall enter the information contained on it into the
5.9statewide registration system. Voter registration applications completed before election
day
5.10must be entered into the statewide registration system within ten days after they
have been
5.11submitted to the county auditor. Voter registration applications completed on election
day
5.12must be entered into the statewide registration system
within 42 as soon as possible, but no
5.13later than three days after the election
, unless the county auditor notifies the secretary of
5.14state before the deadline has expired that the deadline will not be met. Upon receipt
of a
5.15notification under this paragraph, the secretary of state must extend the deadline
for that
5.16county auditor by an additional 28 days. The secretary of state may waive a county's
5.17obligations under this paragraph if, on good cause shown, the county demonstrates
its
5.18permanent inability to comply.
5.19The secretary of state must post data on each county's compliance with this paragraph
on
5.20the secretary of state's website including, as applicable, the date each county fully
complied
5.21or the deadline by which a county's compliance must be complete.
5.22(b) Upon receiving a completed voter registration application, the secretary of state
may
5.23electronically transmit the information on the application to the appropriate county
auditor
5.24as soon as possible for review by the county auditor before final entry into the statewide
5.25registration system. The secretary of state may mail the voter registration application
to the
5.26county auditor.
5.27(c) Within ten days after the county auditor has entered information from a voter
5.28registration application into the statewide registration system, the secretary of
state shall
5.29compare the voter's name, date of birth, and driver's license number, state identification
5.30number, or the last four digits of the Social Security number with the same information
5.31contained in the Department of Public Safety database
. For applications received on election
5.32day, this must be completed within three days after the county auditor or municipal
clerk
5.33has entered the information into the statewide voter registration system.
6.1(d) The secretary of state shall provide a report to the county auditor on a weekly
basis
6.2that includes a list of voters whose name, date of birth, or identification number
have been
6.3compared with the same information in the Department of Public Safety database and
cannot
6.4be verified as provided in this subdivision. The report must list separately those
voters who
6.5have submitted a voter registration application by mail and have not voted in a federal
6.6election in this state
. For the six days following an election, the secretary of state must
6.7provide this report daily to county auditors and municipal clerks.
6.8(e) The county auditor shall compile a list of voters for whom the county auditor
and
6.9the secretary of state are unable to conclude that information on the voter registration
6.10application and the corresponding information in the Department of Public Safety database
6.11relate to the same person.
6.12(f) The county auditor shall send a notice of incomplete registration to any voter
whose
6.13name appears on the list and change the voter's status to "incomplete." A voter who
receives
6.14a notice of incomplete registration from the county auditor may either provide the
information
6.15required to complete the registration at least 21 days before the next election or
at the polling
6.16place on election day.
6.17 Sec. 6. Minnesota Statutes 2021 Supplement, section 201.225, subdivision 2, is amended
6.18to read:
6.19 Subd. 2.
Technology requirements. An electronic roster must:
6.20(1) be able to be loaded with a data file that includes voter registration data in
a file
6.21format prescribed by the secretary of state;
6.22(2) allow for data to be exported in a file format prescribed by the secretary of
state;
6.23(3) allow for data to be entered manually or by scanning a Minnesota driver's license
or
6.24identification card to locate a voter record or populate a voter registration application
that
6.25would be printed and signed and dated by the voter
. The printed registration application
6.26can be either a printed form, labels printed with voter information to be affixed
to a preprinted
6.27form, or a combination of both and affixed to the provisional ballot envelope;
6.28(4) allow an election judge to update data that was populated from a scanned driver's
6.29license or identification card;
6.30(5) cue an election judge to ask for and input data that is not populated from a scanned
6.31driver's license or identification card that is otherwise required to be collected
from the voter
6.32or an election judge;
7.1(6) immediately alert the election judge if the voter has provided information that
indicates
7.2that the voter is not eligible to vote;
7.3(7) immediately alert the election judge if the electronic roster indicates that a
voter has
7.4already voted in that precinct, the voter's registration status is challenged, or
it appears the
7.5voter resides in a different precinct;
7.6(8) provide immediate instructions on how to resolve a particular type of challenge
when
7.7a voter's record is challenged;
7.8(9) provide for a printed voter signature certificate, containing the voter's name,
address
7.9of residence, date of birth, voter identification number, the oath required by section
204C.10,
7.10and a space for the voter's original signature. The printed voter signature certificate
can be
7.11either a printed form or a label printed with the voter's information to be affixed
to the oath;
7.12(10) contain only preregistered voters within the precinct, and not contain preregistered
7.13voter data on voters registered outside of the precinct;
7.14(11) be only networked within the polling location on election day, except for the
purpose
7.15of updating absentee ballot records;
7.16(12) meet minimum security, reliability, and networking standards established by the
7.17Office of the Secretary of State in consultation with the Department of Information
7.18Technology Services;
7.19(13) be capable of providing a voter's correct polling place; and
7.20(14) perform any other functions necessary for the efficient and secure administration
7.21of the participating election, as determined by the secretary of state.
7.22Electronic rosters used only for election day registration do not need to comply with
clauses
7.23(1), (8), and (10). Electronic rosters used only for preregistered voter processing
do not need
7.24to comply with clauses (4) and (5).
7.25 Sec. 7. Minnesota Statutes 2020, section 201.225, subdivision 5, is amended to read:
7.26 Subd. 5.
Election day. (a) Precincts may use electronic rosters for election day
7.27registration, to process preregistered voters, or both.
The printed election day registration
7.28applications must be reviewed when electronic records are processed in the statewide
voter
7.29registration system. The election judges shall determine the number of ballots to be counted
7.30by counting the number of original voter signature certificates or the number of voter
receipts.
8.1(b) Each precinct using electronic rosters shall have a paper backup system approved
8.2by the secretary of state present at the polling place to use in the event that the
election
8.3judges are unable to use the electronic roster.
8.4 Sec. 8. Minnesota Statutes 2020, section 203B.04, subdivision 4, is amended to read:
8.5 Subd. 4.
Registration at time of application. An eligible voter who is not registered
8.6to vote but who is otherwise eligible to vote by absentee ballot may register by
including
8.7submitting a completed voter registration application with the absentee ballot.
The individual
8.8shall present proof of residence as required by section
201.061, subdivision 3, to the
8.9individual who witnesses the marking of the absentee ballots If the absentee ballot and voter
8.10registration application are returned by mail, the voter registration must be placed
into the
8.11return envelope along with the signature envelope. A military voter, as defined in section
8.12203B.01, may register in this manner if voting pursuant to sections
203B.04 to
203B.15, or
8.13may register pursuant to sections
203B.16 to
203B.27.
8.14 Sec. 9. Minnesota Statutes 2020, section 203B.07, subdivision 3, is amended to read:
8.15 Subd. 3.
Eligibility certificate. A certificate of eligibility to vote by absentee ballot
8.16shall be printed on the back of the return envelope. The certificate shall contain
space for
8.17the voter's Minnesota driver's license number, state identification number, or the
last four
8.18digits of the voter's Social Security number, or to indicate that the voter does not
have one
8.19of these numbers. The space must be designed to ensure that the voter provides the
same
8.20type of identification as provided on the voter's absentee ballot application for
purposes of
8.21comparison. The certificate must also contain a statement to be signed and sworn by
the
8.22voter indicating that the voter meets all of the requirements established by law for
voting
8.23by absentee ballot and space for a statement signed by a person who is registered
to vote in
8.24Minnesota or by a notary public or other individual authorized to administer oaths
stating
8.25that:
8.26 (1) the ballots were displayed to that individual unmarked;
and
8.27 (2) the voter marked the ballots in that individual's presence without showing how
they
8.28were marked, or, if the voter was physically unable to mark them, that the voter directed
8.29another individual to mark them
; and
8.30 (3) if the voter was not previously registered, the voter has provided proof of residence
8.31as required by section
201.061, subdivision 3.
9.1 Sec. 10. Minnesota Statutes 2021 Supplement, section 203B.08, subdivision 3, is amended
9.2to read:
9.3 Subd. 3.
Procedures on receipt of ballots. (a) When absentee ballots are returned to a
9.4county auditor or municipal clerk, that official shall stamp or initial and date the
return
9.5envelope
and. The county auditor must open the return envelope to determine if a voter
9.6registration application is in the envelope. If a voter registration application is
in the envelope,
9.7the county auditor must remove the voter registration application. The county auditor
must
9.8reseal the return envelope, initial across the seal, and note that a voter registration
application
9.9was removed from the envelope. The county auditor must place
it all return envelopes in a
9.10locked ballot container or other secured and locked space with other return envelopes
9.11received by that office.
Except for voter registration applications removed pursuant to this
9.12section, all contents of the return envelope must remain in the return envelope until
delivered
9.13to the ballot board.
9.14 (b) Within five days after receipt, the county auditor or municipal clerk shall deliver
to
9.15the ballot board all ballots received, except that during the 14 days immediately
preceding
9.16an election, the county auditor or municipal clerk shall deliver all ballots received
to the
9.17ballot board within three days. Ballots received on election day either (1) after
3:00 p.m.,
9.18if delivered in person; or (2) after 8:00 p.m., if delivered by mail or a package
delivery
9.19service, shall be marked as received late by the county auditor or municipal clerk,
and must
9.20not be delivered to the ballot board.
9.21(c) Upon removing the voter registration application as required by paragraph (a),
the
9.22county auditor must promptly process the voter registration application as provided
in section
9.23201.121, subdivisions 1 and 2.
9.24 Sec. 11. Minnesota Statutes 2020, section 203B.081, subdivision 3, is amended to read:
9.25 Subd. 3.
Alternative procedure. (a) The county auditor may make available a ballot
9.26counter and ballot box for use by
the preregistered voters during the seven days before the
9.27election. If a ballot counter and ballot box is provided, a voter must be given the
option
9.28either (1) to vote using the process provided in section
203B.08, subdivision 1, or (2) to
9.29vote in the manner provided in this subdivision.
9.30(b) If a voter chooses to vote in the manner provided in this subdivision, the voter
must
9.31state the voter's name, address, and date of birth to the county auditor or municipal
clerk.
9.32The voter shall sign a voter's certificate, which must include the voter's name, identification
9.33number, and the certification required by section
201.071, subdivision 1. The signature of
10.1an individual on the voter's certificate and the issuance of a ballot to the individual
is evidence
10.2of the intent of the individual to vote at that election.
10.3(c) After signing the voter's certificate, the voter shall be issued a ballot and
immediately
10.4retire to a voting station or other designated location in the polling place to mark
the ballot.
10.5The ballot must not be taken from the polling place. If the voter spoils the ballot,
the voter
10.6may return it to the election official in exchange for a new ballot. After completing
the
10.7ballot, the voter shall deposit the ballot into the ballot box.
10.8(d) The election official must immediately record that the voter has voted in the
manner
10.9provided in section
203B.121, subdivision 3.
10.10(e) The election duties required by this subdivision must be performed by the county
10.11auditor, municipal clerk, or a deputy of the auditor or clerk.
10.12(f) If a person is not registered to vote, the person must not be allowed to cast
an absentee
10.13ballot using the alternative procedure authorized by this subdivision.
10.14 Sec. 12. Minnesota Statutes 2021 Supplement, section 203B.121, subdivision 2, is amended
10.15to read:
10.16 Subd. 2.
Duties of ballot board; absentee ballots. (a) The members of the ballot board
10.17shall take possession of all signature envelopes delivered to them in accordance with
section
10.18203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
10.19two or more members of the ballot board shall examine each signature envelope and
shall
10.20mark it accepted or rejected in the manner provided in this subdivision. Election
judges
10.21performing the duties in this section must be of different major political parties,
unless they
10.22are exempt from that requirement under section
205.075, subdivision 4, or section
205A.10,
10.23subdivision 2.
10.24(b) The members of the ballot board shall mark the signature envelope "Accepted" and
10.25initial or sign the signature envelope below the word "Accepted" if a majority of
the members
10.26of the ballot board examining the envelope are satisfied that:
10.27(1) the voter's name and address on the signature envelope are the same as the information
10.28provided on the absentee ballot application;
10.29(2) the voter signed the certification on the envelope;
10.30(3) the voter's Minnesota driver's license, state identification number, or the last
four
10.31digits of the voter's Social Security number are the same as a number on the voter's
absentee
10.32ballot application or voter record. If the number does not match, the election judges
must
11.1compare the signature provided by the applicant to determine whether the ballots were
11.2returned by the same person to whom they were transmitted;
11.3(4) the voter is registered and eligible to vote in the precinct
or has included a properly
11.4completed voter registration application in the signature envelope;
11.5(5) the certificate has been completed as prescribed in the directions for casting
an
11.6absentee ballot; and
11.7(6) the voter has not already voted at that election, either in person or, if it is
after the
11.8close of business on the seventh day before the election, by absentee ballot.
11.9The signature envelope from accepted ballots must be preserved and returned to the
11.10county auditor.
11.11(c)(1) If a majority of the members of the ballot board examining a signature envelope
11.12find that an absentee voter has failed to meet one of the requirements provided in
paragraph
11.13(b), they shall mark the signature envelope "Rejected," initial or sign it below the
word
11.14"Rejected," list the reason for the rejection on the envelope, and return it to the
county
11.15auditor. There is no other reason for rejecting an absentee ballot beyond those permitted
by
11.16this section. Failure to place the ballot within the secrecy envelope before placing
it in the
11.17outer white envelope is not a reason to reject an absentee ballot.
11.18(2) If an envelope has been rejected at least five days before the election, the envelope
11.19must remain sealed and the official in charge of the ballot board shall provide the
voter with
11.20a replacement absentee ballot and signature envelope in place of the rejected ballot.
11.21(3) If an envelope is rejected within five days of the election, the envelope must
remain
11.22sealed and the official in charge of the ballot board must attempt to contact the
voter by
11.23telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official
11.24must document the attempts made to contact the voter.
11.25(d) The official in charge of the absentee ballot board must mail the voter a written
notice
11.26of absentee ballot rejection between six and ten weeks following the election. If
the official
11.27determines that the voter has otherwise cast a ballot in the election, no notice is
required.
11.28If an absentee ballot arrives after the deadline for submission provided by this chapter,
the
11.29notice must be provided between six to ten weeks after receipt of the ballot. A notice
of
11.30absentee ballot rejection must contain the following information:
11.31(1) the date on which the absentee ballot was rejected or, if the ballot was received
after
11.32the required deadline for submission, the date on which the ballot was received;
11.33(2) the reason for rejection; and
12.1(3) the name of the appropriate election official to whom the voter may direct further
12.2questions, along with appropriate contact information.
12.3(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
12.4subject to further review except in an election contest filed pursuant to chapter
209.
12.5 Sec. 13. Minnesota Statutes 2020, section 204C.07, subdivision 3a, is amended to read:
12.6 Subd. 3a.
Residence requirement. A challenger must be a resident of this state.
12.7Appointed challengers seeking admission to a polling place to serve in that capacity
must
12.8prove their status as a resident of this state by presenting
one of the documents listed in
12.9section
201.061, subdivision 3. a driver's license or Minnesota identification card issued
12.10pursuant to section 171.07, any document approved by the secretary of state as proper
12.11identification, or one of the following:
12.12 (1) a current valid student identification card from a postsecondary educational institution
12.13in Minnesota, if a list of students from that institution has been prepared under
section
12.14135A.17 and certified to the county auditor in the manner provided in rules of the
secretary
12.15of state; or
12.16(2) a current student fee statement that contains the student's valid address in the
precinct
12.17together with a picture identification card.
12.18Challengers need not prove residence in the precinct in which they seek to act as
a challenger.
12.19 Sec. 14.
[204C.135] PROVISIONAL BALLOTS.
12.20 Subdivision 1. Casting provisional ballots. (a) A voter who registered on election day
12.21pursuant to section 201.061, subdivision 3, is entitled to cast a provisional ballot.
12.22(b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster
or
12.23a provisional voter signature certificate and complete the voter registration application
on
12.24the provisional ballot envelope. The voter registration application may be completed
by an
12.25electronic roster and affixed to the provisional ballet envelope. The voter must also
swear
12.26or affirm in writing that the voter is eligible to vote, has not voted previously
in the same
12.27election, and meets the criteria for registering to vote in the precinct in which
the voter
12.28appears.
12.29(c) Once the voter has completed the provisional ballot envelope, the voter must be
12.30allowed to cast a provisional ballot. The provisional ballot must be in the same form
as the
12.31official ballot available in the precinct on election day. A completed provisional
ballot shall
12.32be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's
13.1provisional ballot envelope and deposited by the voter in a secure, sealed provisional
ballot
13.2box. Completed provisional ballots must not be combined with other voted ballots in
the
13.3polling place.
13.4(d) The secretary of state must prescribe the form of the secrecy and provisional
ballot
13.5envelopes. The provisional ballot envelope must be a color other than that provided
for
13.6absentee ballot envelopes and must be prominently labeled "Provisional Ballot Envelope."
13.7(e) Provisional ballots and related documentation shall be delivered to and securely
13.8maintained by the county auditor or municipal clerk in the same manner as required
for
13.9other election materials under sections 204C.27 and 204C.28.
13.10 Subd. 2. Accepting or rejecting provisional ballot envelopes. (a) Within seven days
13.11after the election, the county auditor or municipal clerk must process each applicant's
13.12registration application on the provisional ballot envelopes as provided by section
201.121,
13.13subdivisions 1 and 2. If the applicant is registered to vote, that voter's provisional
ballot
13.14envelope must be accepted. The county auditor or municipal clerk must mark the provisional
13.15ballot envelope "Accepted" and initial or sign the envelope below the word "Accepted."
If
13.16the applicant is not registered to vote, the provisional ballot envelope must be rejected.
If
13.17a provisional ballot envelope is rejected, the county auditor or municipal clerk must
mark
13.18the provisional ballot envelope "Rejected," initial or sign it below the word "Rejected,"
and
13.19list the reason for rejection on the envelope. The county auditor or municipal clerk
must
13.20promptly record in the statewide voter registration system that a voter's provisional
ballot
13.21envelope has been accepted or rejected.
13.22(b) The county auditor or municipal clerk must mail the voter a written notice of
13.23provisional ballot rejection between six and ten weeks following the election. The
notice
13.24must include the reason for rejection and the name of the appropriate election official
to
13.25whom the voter may direct further questions, along with appropriate contact information.
13.26(c) A provisional ballot envelope marked "Rejected" may not be opened or subject to
13.27further review except in an election contest filed pursuant to chapter 209.
13.28 Subd. 3. Provisional ballots; reconciliation. On the seventh day after the election and
13.29prior to counting any provisional ballots in the final vote totals from a precinct,
the county
13.30auditor or municipal clerk must verify that the number of signatures appearing on
the
13.31provisional ballot roster from that precinct is equal to or greater than the number
of
13.32provisional ballots submitted by voters in the precinct on election day. Any discrepancy
13.33must be resolved before the provisional ballots from the precinct may be counted.
Excess
14.1provisional ballots must be randomly withdrawn from the accepted provisional ballots
in
14.2the manner required by section 204C.20, subdivision 2.
14.3 Subd. 4. Counting provisional ballots. Once the reconciliation process required by
14.4subdivision 3 is completed, accepted provisional ballot envelopes must be opened;
duplicated
14.5as needed in the manner provided in section 206.86, subdivision 5; initialed by the
members
14.6of the ballot board; and deposited in the appropriate ballot box. If more than one
ballot is
14.7enclosed in the ballot envelope, the ballots must be spoiled and must not be counted.
14.8 Sec. 15. Minnesota Statutes 2020, section 204C.32, is amended to read:
14.9204C.32 CANVASS OF STATE PRIMARIES.
14.10 Subdivision 1.
County canvass. The county canvassing board shall meet at the county
14.11auditor's office on
either the second or third the tenth day following the state primary. After
14.12taking the oath of office, the canvassing board shall publicly canvass the election
returns
14.13delivered to the county auditor. The board shall complete the canvass by the
third tenth day
14.14following the state primary and shall promptly prepare and file with the county auditor
a
14.15report that states:
14.16(a) the number of individuals voting at the election in the county, and in each precinct;
14.17(b) the number of individuals registering to vote on election day and the number of
14.18individuals registered before election day in each precinct;
14.19(c) for each major political party, the names of the candidates running for each partisan
14.20office and the number of votes received by each candidate in the county and in each
precinct;
14.21(d) the names of the candidates of each major political party who are nominated; and
14.22(e) the number of votes received by each of the candidates for nonpartisan office
in each
14.23precinct in the county and the names of the candidates nominated for nonpartisan office.
14.24Upon completion of the canvass, the county auditor shall mail or deliver a notice
of
14.25nomination to each nominee for county office voted for only in that county. The county
14.26auditor shall transmit one of the certified copies of the county canvassing board
report for
14.27state and federal offices to the secretary of state by express mail or similar service
14.28immediately upon conclusion of the county canvass. The secretary of state shall mail
a
14.29notice of nomination to each nominee for state or federal office.
14.30 Subd. 2.
State canvass. The State Canvassing Board shall meet at a public meeting
14.31space located in the Capitol complex area
seven 14 days after the state primary to canvass
14.32the certified copies of the county canvassing board reports received from the county
auditors.
15.1Immediately after the canvassing board declares the results, the secretary of state
shall
15.2certify the names of the nominees to the county auditors. The secretary of state shall
mail
15.3to each nominee a notice of nomination.
15.4 Sec. 16. Minnesota Statutes 2020, section 204C.33, subdivision 1, is amended to read:
15.5 Subdivision 1.
County canvass. The county canvassing board shall meet at the county
15.6auditor's office between the
third tenth and
tenth 17th days following the state general
15.7election. After taking the oath of office, the board shall promptly and publicly canvass
the
15.8general election returns delivered to the county auditor. Upon completion of the canvass,
15.9the board shall promptly prepare and file with the county auditor a report which states:
15.10(a) the number of individuals voting at the election in the county and in each precinct;
15.11(b) the number of individuals registering to vote on election day and the number of
15.12individuals registered before election day in each precinct;
15.13(c) the names of the candidates for each office and the number of votes received by
each
15.14candidate in the county and in each precinct;
15.15(d) the number of votes counted for and against a proposed change of county lines
or
15.16county seat; and
15.17(e) the number of votes counted for and against a constitutional amendment or other
15.18question in the county and in each precinct.
15.19The result of write-in votes cast on the general election ballots must be compiled
by the
15.20county auditor before the county canvass, except that write-in votes for a candidate
for
15.21federal, state, or county office must not be counted unless the candidate has timely
filed a
15.22request under section
204B.09, subdivision 3. The county auditor shall arrange for each
15.23municipality to provide an adequate number of election judges to perform this duty
or the
15.24county auditor may appoint additional election judges for this purpose. The county
auditor
15.25may open the envelopes or containers in which the voted ballots have been sealed in
order
15.26to count and record the write-in votes and must reseal the voted ballots at the conclusion
of
15.27this process. The county auditor must prepare a separate report of votes received
by precinct
15.28for write-in candidates for federal, state, and county offices who have requested
under
15.29section
204B.09 that votes for those candidates be tallied.
15.30Upon completion of the canvass, the county canvassing board shall declare the candidate
15.31duly elected who received the highest number of votes for each county and state office
voted
15.32for only within the county. The county auditor shall transmit a certified copy of
the county
16.1canvassing board report for state and federal offices to the secretary of state by
messenger,
16.2express mail, or similar service immediately upon conclusion of the county canvass.
16.3 Sec. 17. Minnesota Statutes 2020, section 204C.37, is amended to read:
16.4204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
16.5STATE.
16.6A copy of the report required by sections
204C.32, subdivision 1, and
204C.33,
16.7subdivision 1, shall be certified under the official seal of the county auditor. The copy shall
16.8be enclosed in an envelope addressed to the secretary of state, with the county auditor's
16.9name and official address and the words "Election Returns" endorsed on the envelope.
The
16.10copy of the canvassing board report must be sent by express mail or delivered to the
secretary
16.11of state. If the copy is not received by the secretary of state within
ten 17 days following
16.12the applicable election a primary election, or within 24 days following a general election,
16.13the secretary of state shall immediately notify the county auditor, who shall deliver
another
16.14copy to the secretary of state by special messenger.
16.15 Sec. 18. Minnesota Statutes 2020, section 205.065, subdivision 5, is amended to read:
16.16 Subd. 5.
Results. The municipal primary shall be conducted and the returns made in the
16.17manner provided for the state primary so far as practicable.
The canvass may be conducted
16.18on either the second or third day after the primary.
16.19The governing body of the municipality shall canvass the returns
on the tenth day after
16.20the primary, and the two candidates for each office who receive the highest number of votes,
16.21or a number of candidates equal to twice the number of individuals to be elected to
the
16.22office, who receive the highest number of votes, shall be the nominees for the office
named.
16.23Their names shall be certified to the municipal clerk who shall place them on the
municipal
16.24general election ballot without partisan designation and without payment of an additional
16.25fee.
16.26 Sec. 19. Minnesota Statutes 2020, section 205.185, subdivision 3, is amended to read:
16.27 Subd. 3.
Canvass of returns, certificate of election, ballots, disposition. (a) Between
16.28the
third tenth and
tenth 17th days after an election, the governing body of a city conducting
16.29any election including a special municipal election, or the governing body of a town
16.30conducting the general election in November shall act as the canvassing board, canvass
the
16.31returns, and declare the results of the election. The governing body of a town conducting
17.1the general election in March shall act as the canvassing board, canvass the returns,
and
17.2declare the results of the election within
two nine days after an election.
17.3(b) After the time for contesting elections has passed, the municipal clerk shall
issue a
17.4certificate of election to each successful candidate. In case of a contest, the certificate
shall
17.5not be issued until the outcome of the contest has been determined by the proper court.
17.6(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality
17.7shall determine the result by lot. The clerk of the canvassing board shall certify
the results
17.8of the election to the county auditor, and the clerk shall be the final custodian
of the ballots
17.9and the returns of the election.
17.10 Sec. 20. Minnesota Statutes 2020, section 205A.03, subdivision 4, is amended to read:
17.11 Subd. 4.
Results. (a) The school district primary must be conducted and the returns
17.12made in the manner provided for the state primary as far as practicable.
If the primary is
17.13conducted:
17.14(1) only within that school district, a canvass may be conducted on either the second
or
17.15third day after the primary; or
17.16(2) in conjunction with the state primary, the canvass must be conducted on the third
17.17day after the primary, except as otherwise provided in paragraph (b).
17.18On the tenth day after the primary, the school board of the school district shall canvass
17.19the returns, and the two candidates for each specified school board position who receive
17.20the highest number of votes, or a number of candidates equal to twice the number of
17.21individuals to be elected to at-large school board positions who receive the highest
number
17.22of votes, are the nominees for the office named. Their names must be certified to
the school
17.23district clerk who shall place them on the school district general election ballot
without
17.24partisan designation and without payment of an additional fee.
17.25(b) Following a school district primary as described in paragraph (a), clause (2),
a canvass
17.26may be conducted on the second day after the primary if the county auditor of each
county
17.27in which the school district is located agrees to administratively review the school
district's
17.28primary voting statistics for accuracy and completeness within a time that permits
the canvass
17.29to be conducted on that day.
17.30 Sec. 21. Minnesota Statutes 2020, section 205A.10, subdivision 3, is amended to read:
17.31 Subd. 3.
Canvass of returns, certificate of election, ballots, disposition. Between the
17.32third tenth and
tenth 17th days after a school district election other than a recount of a special
18.1election conducted under section
126C.17, subdivision 9, or
475.59, the school board shall
18.2canvass the returns and declare the results of the election. After the time for contesting
18.3elections has passed, the school district clerk shall issue a certificate of election
to each
18.4successful candidate. If there is a contest, the certificate of election to that office
must not
18.5be issued until the outcome of the contest has been determined by the proper court.
If there
18.6is a tie vote, the school board shall determine the result by lot. The clerk shall
deliver the
18.7certificate of election to the successful candidate by personal service or certified
mail. The
18.8successful candidate shall file an acceptance and oath of office in writing with the
clerk
18.9within 30 days of the date of mailing or personal service. A person who fails to qualify
prior
18.10to the time specified shall be deemed to have refused to serve, but that filing may
be made
18.11at any time before action to fill the vacancy has been taken. The school district
clerk shall
18.12certify the results of the election to the county auditor, and the clerk shall be
the final
18.13custodian of the ballots and the returns of the election.
18.14A school district canvassing board shall perform the duties of the school board according
18.15to the requirements of this subdivision for a recount of a special election conducted
under
18.16section
126C.17, subdivision 9, or
475.59.
18.17 Sec. 22.
PUBLIC AWARENESS CAMPAIGN; SECRETARY OF STATE.
18.18The secretary of state must conduct a public awareness campaign to encourage people
18.19to register to vote prior to election day. At a minimum, the secretary of state must
conduct
18.20the public awareness campaign in each even-numbered year from June 1 until the voter
18.21registration period ends prior to the state general election.
18.22 Sec. 23.
REPEALER.
18.23(a) Minnesota Statutes 2020, sections 135A.17, subdivision 2; and 201.061, subdivision
18.247, are repealed.
18.25(b) Minnesota Statutes 2021 Supplement, section 201.121, subdivision 3, is repealed.
18.26 Sec. 24.
EFFECTIVE DATE.
18.27This act is effective on January 1, 2023, and applies to elections held on or after
that
18.28date."
18.29Renumber the articles in sequence and correct the internal references
18.30Amend the title accordingly