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 171.06, subdivision 1, is amended to read:
1.6 Subdivision 1.
Application format and requirements. Every application for a Minnesota
1.7identification card, including an enhanced identification card, or for a driver's
license,
1.8including an instruction permit, a provisional license,
and an enhanced driver's license
, or
1.9voter identification card, must be made in a format approved by the department. Every
1.10application must be accompanied by payment of the proper fee
except for an application
1.11for a voter identification card issued pursuant to section 171.07, subdivision 3b. All applicants
1.12must sign the application and declare, under penalty of perjury, that the information
and
1.13documentation presented in the application is true and correct. All applications requiring
1.14evidence of legal presence in the United States or United States citizenship must
be signed
1.15in the presence of the person authorized to accept the application, or the signature
on the
1.16application may be verified by a notary public.
1.17 Sec. 2. Minnesota Statutes 2020, section 171.06, is amended by adding a subdivision to
1.18read:
1.19 Subd. 3c. Application for voter identification card. (a) An application for a voter
1.20identification card, including a renewal or duplicate card, must:
1.21(1) state the applicant's full legal name, date of birth, sex, residence address,
and (i) last
1.22four digits of the applicant's Social Security number, or (ii) certification that
the applicant
1.23has not been assigned a Social Security number;
2.1(2) provide a description of the applicant in the same manner as required on an application
2.2for a Minnesota driver's license;
2.3(3) provide proof of the applicant's United States citizenship by presenting a document
2.4included in Minnesota Rules, part 7410.0400, subpart 1, item D;
2.5(4) state the length of residence at the applicant's current address; and
2.6(5) present a photographic identity document described in section 200.035 or affirm
2.7under penalty of perjury that the applicant has a religious objection to the use of
a
2.8photographic image.
2.9(b) Applicant data, submitted pursuant to this subdivision, is private data on individuals,
2.10as defined in section 13.02, subdivision 12.
2.11 Sec. 3. Minnesota Statutes 2020, section 171.07, is amended by adding a subdivision to
2.12read:
2.13 Subd. 3b. Voter identification cards. (a) A voter identification card must be issued to
2.14a qualifying applicant who, on the election day next occurring after the date of issuance,
2.15will meet the voter eligibility requirements of the Minnesota Constitution and Minnesota
2.16Statutes, and who does not possess a current Minnesota driver's license or Minnesota
2.17identification card.
2.18(b) A voter identification card must bear a distinguishing number assigned to the
2.19applicant, the applicant's full name and date of birth, the applicant's address of
residence,
2.20a description of the applicant in the same manner as provided on a Minnesota driver's
license,
2.21the date of the card's expiration, and the usual signature of the applicant. The card
must bear
2.22a colored photograph or an electronically produced image of the applicant, or, for
an applicant
2.23who has affirmed a religious objection under section 171.06, subdivision 3b, clause
(5), the
2.24card must bear the words "Valid without photograph."
2.25(c) A voter identification card is not valid identification for any purpose other
than
2.26proving identity and residence for voting purposes.
2.27(d) A voter identification card must be of a different color scheme than a Minnesota
2.28driver's license or state identification card, but must incorporate the same information
and
2.29security features as provided in subdivision 9.
2.30(e) Each voter identification card must be plainly marked: "Voter Identification Card.
2.31Valid Identification Only for Voting."
3.1 Sec. 4.
[200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
3.2(a) The following are sufficient proof of identity and residence for purposes of election
3.3day voter registration under section 201.061, subdivision 3; absentee voting under
sections
3.4203B.04, 203B.07, and 203B.08; photo identification requirements under section 204C.10;
3.5and for determining whether to count a provisional ballot under section 204C.135,
subdivision
3.62:
3.7(1) a current driver's license, state identification card, or voter identification
card issued
3.8to the voter by the Department of Public Safety that contains the voter's photograph
and
3.9current address of residence in the precinct;
3.10(2) a valid United States military identification card issued to the voter by the
Department
3.11of Defense that contains the voter's photograph and current address of residence in
the
3.12precinct;
3.13(3) an identification card issued to the voter by the tribal government of a tribe
recognized
3.14by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's
current
3.15address of residence in the precinct, and any other items of data required to be contained
3.16on a Minnesota identification card, as provided in section 171.07, subdivision 3,
paragraphs
3.17(a) and (b);
3.18(4) an original receipt for a new, renewed, or updated driver's license, state identification
3.19card, or voter identification card issued to the voter under section 171.07 that contains
the
3.20voter's photograph and current address of residence in the precinct. If the receipt
does not
3.21include a photograph, one of the following documents that contains a photograph of
the
3.22voter must be provided:
3.23(i) a driver's license, identification card, or voter identification card that is
expired or
3.24does not contain the voter's current address of residence, issued to the voter by
the state of
3.25Minnesota or any other state of the United States as defined in section 645.44, subdivision
3.2611;
3.27(ii) a United States passport, issued to the voter;
3.28(iii) an identification card issued by a branch, department, agency, entity, or subdivision
3.29of Minnesota or the federal government;
3.30(iv) an identification card issued by an accredited postsecondary institution with
a campus
3.31located within Minnesota, if a list of students from that institution has been prepared
under
3.32section 135A.17, and certified to the county auditor in the manner provided in rules
of the
3.33secretary of state; or
4.1(v) an identification card issued to the voter by the tribal government of a tribe
recognized
4.2by the Bureau of Indian Affairs;
4.3(5) one of the following documents issued to the voter that includes a photograph
but
4.4not the voter's current address of residence in the precinct:
4.5(i) a United States passport;
4.6(ii) an identification card issued to the voter by the tribal government of a tribe
recognized
4.7by the Bureau of Indian Affairs; or
4.8(iii) a valid United States military identification card;
4.9along with one of the following documents that contains the voter's name and current
address
4.10of residence in the precinct:
4.11(i) a home utility services bill issued within the past 90 days, provided that the
election
4.12official must not accept a United States home utility bill if two unrelated people
are listed
4.13on the bill;
4.14(ii) a home utility services hook-up work order issued within the past 90 days, provided
4.15that the election official must not accept a United States home utility services hook-up
work
4.16order if two unrelated people are listed on the bill;
4.17(iii) United States financial information issued within the past 90 days, with account
4.18numbers redacted, including a bank account statement, a canceled check, or a credit
card
4.19statement;
4.20(iv) a United States high school identification card with a certified transcript from
the
4.21school, if issued within the past 180 days;
4.22(v) a Minnesota college or university identification card with a certified transcript
from
4.23the college or university if issued within the past 180 days;
4.24(vi) an employment pay stub issued within the past 90 days that lists the employer's
4.25name, address, and telephone number;
4.26(vii) a Minnesota unemployment insurance benefit statement issued within the past
90
4.27days;
4.28(viii) a statement from a housing with services establishment registered under section
4.29144D, nursing home licensed under section 144A, or a boarding care facility licensed
under
4.30sections 144.50 to 144.56, that was issued within the past 90 days;
5.1(ix) a life, health, automobile, homeowner's, or renter's insurance policy issued
within
5.2the past 90 days, except that a proof of insurance card must not be accepted;
5.3(x) a federal or state income tax return or statement for the most recent tax filing
year;
5.4(xi) a Minnesota property tax statement for the current year that shows the applicant's
5.5principal residential address both on the mailing portion and the portion stating
what property
5.6is being taxed;
5.7(xii) a Minnesota vehicle certificate of title, if issued within the past 12 months;
5.8(xiii) a filed property deed or title for current residence, if issued within the
past 12
5.9months;
5.10(xiv) a Supplemental Security Income award statement issued within the past 12 months;
5.11(xv) mortgage documents for the applicant's principal residence;
5.12(xvi) a residential lease agreement for the applicant's principal residence issued
within
5.13the past 12 months;
5.14(xvii) an unexpired Minnesota professional license;
5.15(xviii) an unexpired Selective Service card; or
5.16(xix) military orders that are still in effect at the time of application;
5.17(6) if the voter is a student, a driver's license, identification card, or voter identification
5.18card issued by Minnesota or any other state of the United States as defined in section
645.44,
5.19subdivision 11, that contains a photograph of the voter but does not contain the voter's
5.20current address of residence, along with a current student fee statement that contains
the
5.21student's valid address of residence in the precinct; or
5.22(7) if the voter maintains residence in a residential facility located in the precinct,
a
5.23driver's license or identification card issued to the voter by the Department of Public
Safety
5.24that contains the voter's photograph along with a certification of residence in the
facility,
5.25signed by the facility administrator on a form prescribed by the secretary of state.
5.26(b) The documents specified in paragraph (a) are the only documents that may be accepted
5.27to prove identity and residence. Identification issued by counties, home rule charter
or
5.28statutory cities, towns, or school districts are not acceptable to prove identity
or residence
5.29unless explicitly authorized by paragraph (a).
5.30(c) As used in this section, "residential facility" means transitional housing as
defined
5.31in section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner
6.1of health under section 144.50, subdivision 6; a swing bed in a hospital licensed
by the
6.2commissioner of health under sections 144.50 to 144.56; a certified boarding care
home
6.3licensed by the commissioner of health under sections 144.50 to 144.56; a nursing
home as
6.4defined in section 144A.01, subdivision 5; a residence registered with the commissioner
of
6.5health as a housing with services establishment as defined in section 144D.01, subdivision
6.64; an assisted living facility licensed by the commissioner of health under chapter
144G; a
6.7boarding and lodging establishment with special services registered under section
157.17;
6.8a setting in which home and community-based services licensed under chapter 245D are
6.9provided; a veterans home operated by the commissioner of veterans affairs under chapter
6.10198; a residence licensed by the commissioner of human services under chapter 245A
to
6.11provide a residential program as defined in section 245A.02, subdivision 14; a residential
6.12facility for persons with a developmental disability licensed by the commissioner
of human
6.13services under section 252.28; an establishment providing housing support as defined
in
6.14section 256I.03, subdivision 3; a shelter for battered women as defined in section
611A.37,
6.15subdivision 4; or a supervised publicly or privately operated shelter or dwelling
designed
6.16to provide temporary living accommodations for the homeless.
6.17 Sec. 5.
[201.017] VOTER IDENTIFICATION CARD ACCOUNT.
6.18(a) A voter identification card account is established in the special revenue fund.
Money
6.19in the account is appropriated to the commissioner of public safety for:
6.20(1) reimbursing individuals for the costs of obtaining documents under paragraph (b);
6.21(2) making payments to driver's license agents under section 171.061, subdivision
4,
6.22paragraph (f); and
6.23(3) providing voter identification cards to individuals qualifying under section 171.07,
6.24subdivision 3b.
6.25Money in the account does not cancel and is available until spent.
6.26(b) The commissioner of public safety shall reimburse individuals for any fees required
6.27to secure an official document or certified copy from any federal, state, or local
government,
6.28or from a court in any jurisdiction for the purpose of obtaining a voter identification
card
6.29issued pursuant to section 171.07, subdivision 3b. In order to receive reimbursement,
an
6.30applicant for a voter identification card must complete a reimbursement form approved
by
6.31the commissioner of public safety, along with documentation of the applicant's reimbursable
6.32expenditure. The commissioner must mail payment for the reimbursable amount to an
6.33eligible applicant at the address listed on the voter identification card.
7.1(c) The amount available to the commissioner of public safety under paragraph (a),
7.2clause (3), shall not exceed the actual cost of providing voter identification cards,
not to
7.3exceed $....... for each card issued.
7.4(d) The commissioner of public safety shall report to the committee members of the
7.5legislative committees with jurisdiction over elections on the total expenditures
from the
7.6account by county by January 31 of each year.
7.7 Sec. 6. Minnesota Statutes 2020, section 201.061, subdivision 3, is amended to read:
7.8 Subd. 3.
Election day registration. (a) An individual who is eligible to vote may register
7.9on election day by appearing in person at the polling place for the precinct in which
the
7.10individual maintains residence, by completing a registration application, making an
oath in
7.11the form prescribed by the secretary of state and providing proof of
identity and residence.
7.12An individual may prove
identity and residence for purposes of registering by
: presenting
7.13documentation as permitted by section 200.035.
7.14 (1) presenting a driver's license or Minnesota identification card issued pursuant
to
7.15section
171.07;
7.16 (2) presenting any document approved by the secretary of state as proper identification;
7.17 (3) presenting one of the following:
7.18 (i) a current valid student identification card from a postsecondary educational institution
7.19in Minnesota, if a list of students from that institution has been prepared under
section
7.20135A.17 and certified to the county auditor in the manner provided in rules of the secretary
7.21of state; or
7.22 (ii) a current student fee statement that contains the student's valid address in
the precinct
7.23together with a picture identification card; or
7.24 (4) having a voter who is registered to vote in the precinct, or an employee employed
7.25by and working in a residential facility in the precinct and vouching for a resident
in the
7.26facility, sign an oath in the presence of the election judge vouching that the voter
or employee
7.27personally knows that the individual is a resident of the precinct. A voter who has
been
7.28vouched for on election day may not sign a proof of residence oath vouching for any
other
7.29individual on that election day. A voter who is registered to vote in the precinct
may sign
7.30up to eight proof-of-residence oaths on any election day. This limitation does not
apply to
7.31an employee of a residential facility described in this clause. The secretary of state
shall
7.32provide a form for election judges to use in recording the number of individuals for
whom
7.33a voter signs proof-of-residence oaths on election day. The form must include space
for the
8.1maximum number of individuals for whom a voter may sign proof-of-residence oaths.
For
8.2each proof-of-residence oath, the form must include a statement that the individual:
(i) is
8.3registered to vote in the precinct or is an employee of a residential facility in
the precinct,
8.4(ii) personally knows that the voter is a resident of the precinct, and (iii) is making
the
8.5statement on oath. The form must include a space for the voter's printed name, signature,
8.6telephone number, and address.
8.7 The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
8.8attached to the voter registration application.
8.9 (b) The operator of a residential facility shall prepare a list of the names of its
employees
8.10currently working in the residential facility and the address of the residential facility.
The
8.11operator shall certify the list and provide it to the appropriate county auditor no
less than
8.1220 days before each election for use in election day registration.
8.13 (c) "Residential facility" means transitional housing as defined in section
256E.33,
8.14subdivision 1; a supervised living facility licensed by the commissioner of health under
8.15section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision
8.165; a residence registered with the commissioner of health as a housing with services
8.17establishment as defined in section
144D.01, subdivision 4; a veterans home operated by
8.18the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
8.19licensed by the commissioner of human services to provide a residential program as
defined
8.20in section
245A.02, subdivision 14; a residential facility for persons with a developmental
8.21disability licensed by the commissioner of human services under section
252.28; setting
8.22authorized to provide housing support as defined in section
256I.03, subdivision 3; a shelter
8.23for battered women as defined in section
611A.37, subdivision 4; or a supervised publicly
8.24or privately operated shelter or dwelling designed to provide temporary living
8.25accommodations for the homeless.
8.26 (d) For tribal band members, an individual may prove residence for purposes of
8.27registering by:
8.28 (1) presenting an identification card issued by the tribal government of a tribe recognized
8.29by the Bureau of Indian Affairs, United States Department of the Interior, that contains
the
8.30name, address, signature, and picture of the individual; or
8.31 (2) presenting an identification card issued by the tribal government of a tribe recognized
8.32by the Bureau of Indian Affairs, United States Department of the Interior, that contains
the
8.33name, signature, and picture of the individual and also presenting one of the documents
8.34listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
9.1 (e) (b) A county, school district, or municipality may require that an election judge
9.2responsible for election day registration initial each completed registration application.
9.3 Sec. 7. Minnesota Statutes 2020, section 201.221, subdivision 3, is amended to read:
9.4 Subd. 3.
Procedures for polling place rosters. The secretary of state shall prescribe
9.5the form of paper polling place rosters that include the voter's name, address, date
of birth,
9.6school district number, and space for the voter's signature. An electronic roster
and the voter
9.7signature certificate together must include the same information as a paper polling
place
9.8roster.
The address listed on the polling place roster must be the voter's address of residence,
9.9unless the voter has requested that the address printed on the roster be the voter's
mailing
9.10address because the voter is a judge or a law enforcement or corrections officer,
or the voter
9.11participates in the Safe at Home program as provided in chapter 5B. The secretary of state
9.12may prescribe additional election-related information to be placed on the polling
place
9.13rosters on an experimental basis for one state primary and general election cycle;
the same
9.14information may not be placed on the polling place roster for a second state primary
and
9.15general election cycle unless specified in this subdivision. The polling place roster
must be
9.16used to indicate whether the voter has voted in a given election. The secretary of
state shall
9.17prescribe procedures for transporting the polling place rosters to the election judges
for use
9.18on election day. The secretary of state shall prescribe the form for a county or municipality
9.19to request the date of birth from currently registered voters. The county or municipality
9.20shall not request the date of birth from currently registered voters by any communication
9.21other than the prescribed form and the form must clearly indicate that a currently
registered
9.22voter does not lose registration status by failing to provide the date of birth. In
accordance
9.23with section
204B.40, the county auditor shall retain the prescribed polling place rosters
9.24used on the date of election for 22 months following the election.
9.25 Sec. 8. Minnesota Statutes 2021 Supplement, section 203B.04, subdivision 1, is amended
9.26to read:
9.27 Subdivision 1.
Application procedures. (a) Except as otherwise allowed by subdivision
9.282 or by section
203B.11, subdivision 4, an application for absentee ballots for any election
9.29may be submitted at any time not less than one day before the day of that election.
The
9.30county auditor shall prepare absentee ballot application forms in the format provided
by the
9.31secretary of state and shall furnish them to any person on request. By January 1 of
each
9.32even-numbered year, the secretary of state shall make the forms to be used available
to
9.33auditors through electronic means. An application submitted pursuant to this subdivision
10.1shall be in writing. An application may be submitted in person, by electronic facsimile
10.2device, by electronic mail, or by mail to:
10.3 (1) the county auditor of the county where the applicant maintains residence; or
10.4 (2) the municipal clerk of the municipality, or school district if applicable, where
the
10.5applicant maintains residence.
10.6For a federal, state, or county election, an absentee ballot application may alternatively
be
10.7submitted electronically through a secure website that shall be maintained by the
secretary
10.8of state for this purpose. Notwithstanding paragraph (b), the secretary of state must
require
10.9applicants using the website to submit the applicant's e-mail address and verifiable
Minnesota
10.10driver's license number, Minnesota state identification card number
, voter identification
10.11card number, or the last four digits of the applicant's Social Security number.
10.12An application submitted electronically under this paragraph may only be transmitted
to
10.13the county auditor for processing if the secretary of state has verified the application
10.14information matches the information in a government database associated with the applicant's
10.15driver's license number, state identification card number
, voter identification card number,
10.16or Social Security number. The secretary of state must review all unverifiable applications
10.17for evidence of suspicious activity and must forward any such application to an appropriate
10.18law enforcement agency for investigation.
10.19 (b) An application shall be approved if it is timely received, signed and dated by
the
10.20applicant, contains the applicant's name and residence and mailing addresses, date
of birth,
10.21and at least one of the following:
10.22(1) the applicant's Minnesota driver's license number;
10.23(2) Minnesota state identification card number;
10.24(3)
voter identification card number;
10.25(4) the last four digits of the applicant's Social Security number; or
10.26(4) (5) a statement that the applicant does not have any of these numbers.
10.27(c) To be approved, the application must contain an oath that the information contained
10.28on the form is accurate, that the applicant is applying on the applicant's own behalf,
and
10.29that the applicant is signing the form under penalty of perjury.
10.30(d) Prior to approval, the county auditor or municipal clerk must verify that the
Minnesota
10.31driver's license number, state identification card number, voter identification card
number,
10.32or the last four digits of the Social Security number submitted by an applicant is
valid and
11.1assigned to that applicant. If a driver's license, identification card number, voter
identification
11.2card number, or the last four digits of a Social Security number is invalid or not
assigned
11.3to the applicant, the county auditor or municipal clerk must reject the application.
11.4(d) (e) An applicant's full date of birth, Minnesota driver's license or state identification
11.5number, and the last four digits of the applicant's Social Security number must not
be made
11.6available for public inspection. An application may be submitted to the county auditor
or
11.7municipal clerk by an electronic facsimile device. An application mailed or returned
in
11.8person to the county auditor or municipal clerk on behalf of a voter by a person other
than
11.9the voter must be deposited in the mail or returned in person to the county auditor
or
11.10municipal clerk within ten days after it has been dated by the voter and no later
than six
11.11days before the election. The absentee ballot applications or a list of persons applying
for
11.12an absentee ballot may not be made available for public inspection until the close
of voting
11.13on election day, except as authorized in section
203B.12, and must be available to the public
11.14in the same manner as public information lists in section
201.091, subdivisions 4, 5, and 9.
11.15 (e) (f) An application under this subdivision may contain an application under subdivision
11.165 to automatically receive an absentee ballot application.
11.17 Sec. 9. Minnesota Statutes 2020, section 203B.04, subdivision 4, is amended to read:
11.18 Subd. 4.
Registration at time of application. An eligible voter who is not registered
11.19to vote but who is otherwise eligible to vote by absentee ballot may register by including
a
11.20completed voter registration application with the absentee ballot. The individual
shall present
11.21proof of
identity and residence as required by section
201.061, subdivision 3 200.035, to
11.22the individual who witnesses the marking of the absentee ballots
or execute an affidavit
11.23described in section 203B.08, subdivision 1, paragraph (c). A military voter, as defined in
11.24section
203B.01, may register in this manner if voting pursuant to sections
203B.04 to
11.25203B.15, or may register pursuant to sections
203B.16 to
203B.27.
11.26 Sec. 10. Minnesota Statutes 2020, section 203B.07, subdivision 3, is amended to read:
11.27 Subd. 3.
Eligibility certificate. (a) A certificate of eligibility to vote by absentee ballot
11.28shall be printed on the back of the
return signature envelope. The certificate shall contain
11.29space for the voter's Minnesota driver's license number, state identification number,
voter
11.30identification card number, or the last four digits of the voter's Social Security number, or
11.31to indicate that the voter does not have one of these numbers. The space must be designed
11.32to ensure that the voter provides the same type of identification as provided on the
voter's
11.33absentee ballot application for purposes of comparison. The certificate must also
contain a
12.1statement to be signed and sworn by the voter indicating that the voter meets all
of the
12.2requirements established by law for voting by absentee ballot
and.
12.3 (b) The certificate must include a space for
a statement an oath signed by a
person who
12.4is registered to vote in Minnesota or by a notary public or other individual authorized
to
12.5administer oaths witness stating that:
12.6 (1) the
unmarked ballots were displayed to
that individual unmarked the witness;
12.7 (2) the voter marked the ballots in
that individual's the witness's presence without showing
12.8how they were marked, or, if the voter was physically unable to mark them, that the
voter
12.9directed another individual to mark them;
and
12.10 (3)
if the voter was not previously registered, the voter has
provided shown to the witness
12.11proof of
identity and residence as required by section
201.061, subdivision 3 200.035 or
12.12executed an affidavit described in section 203B.08, subdivision 1, paragraph (c).
If the voter
12.13presented documentation of proof of identity and residence, the witness must also
indicate
12.14the document or documents presented to prove identity and residence.; and
12.15(4) the witness is registered to vote in Minnesota, is a notary public, or is an individual
12.16authorized to administer oaths. The witness must include the witness's driver's license
12.17number, identification card number, voter identification card number, the last four
digits of
12.18the applicant's Social Security number, or a statement that the witness does not have
any of
12.19these numbers.
12.20 (c) For purposes of this subdivision, a witness is a person who is registered to vote
in
12.21Minnesota or by a notary public or other individual authorized to administer oaths.
12.22 Sec. 11. Minnesota Statutes 2021 Supplement, section 203B.08, subdivision 1, is amended
12.23to read:
12.24 Subdivision 1.
Marking and return by voter. (a) An eligible voter who receives absentee
12.25ballots as provided in this chapter shall mark them in the manner specified in the
directions
12.26for casting the absentee ballots.
12.27(b) The voter must present proof of identity and residence as described in section
200.035
12.28to the individual who witnesses the marking of the absentee ballots or execute an
affidavit
12.29described in paragraph (c). If the voter presented documentation of proof of identity
and
12.30residence, the witness must record the type of document that was presented on the
witness
12.31certificate described in section 203B.27, paragraph (b).
13.1(c) If the voter attempted to procure proof of identity and residence to satisfy the
13.2requirements of section 200.035 but was unable to do so, the voter may execute a sworn
13.3affidavit, under the penalty of perjury, that states:
13.4(1) the voter completing the affidavit is the voter that marked the ballot;
13.5(2) the voter is eligible to vote, has not voted previously in the same election,
and meets
13.6the criteria for registering to vote in the precinct where the voter is voting;
13.7(3) the voter attempted to procure proof of identity and residence but was unable
to do
13.8so, and provide an explanation of the reason that the voter was unable to procure
the
13.9necessary proof; and
13.10(4) that the information on the affidavit is true and accurate.
13.11The affidavit must be signed in the presence of the witness.
13.12(d) The return envelope containing marked ballots may be mailed as provided in the
13.13directions for casting the absentee ballots, may be left with the county auditor or
municipal
13.14clerk who transmitted the absentee ballots to the voter, or may be left in a drop
box as
13.15provided in section
203B.082. If delivered in person, the return envelope must be submitted
13.16to the county auditor or municipal clerk by 3:00 p.m. on election day.
13.17(b) (e) The voter may designate an agent to deliver in person the sealed absentee ballot
13.18return envelope to the county auditor or municipal clerk or to deposit the return
envelope
13.19in the mail. An agent may deliver or mail the return envelopes of not more than three
voters
13.20in any election. Any person designated as an agent who tampers with either the return
13.21envelope or the voted ballots or does not immediately mail or deliver the return envelope
13.22to the county auditor or municipal clerk is guilty of a misdemeanor.
13.23 Sec. 12. Minnesota Statutes 2021 Supplement, section 203B.121, subdivision 2, is amended
13.24to read:
13.25 Subd. 2.
Duties of ballot board; absentee ballots. (a) The members of the ballot board
13.26shall take possession of all signature envelopes delivered to them in accordance with
section
13.27203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
13.28two or more members of the ballot board shall examine each signature envelope and
shall
13.29mark it accepted or rejected in the manner provided in this subdivision. Election
judges
13.30performing the duties in this section must be of different major political parties,
unless they
13.31are exempt from that requirement under section
205.075, subdivision 4, or section
205A.10,
13.32subdivision 2.
14.1(b) The members of the ballot board shall mark the signature envelope "Accepted" and
14.2initial or sign the signature envelope below the word "Accepted" if a majority of
the members
14.3of the ballot board examining the envelope are satisfied that:
14.4(1) the voter's name and address on the signature envelope are the same as the information
14.5provided on the absentee ballot application;
14.6(2) the voter signed the certification on the envelope;
14.7(3) the voter's Minnesota driver's license, state identification number,
voter identification
14.8card number, or the last four digits of the voter's Social Security number are the same as a
14.9number on the voter's absentee ballot application or voter record. If the number does
not
14.10match, the election judges must compare the signature provided by the applicant to
determine
14.11whether the ballots were returned by the same person to whom they were transmitted;
14.12(4) the voter is registered and eligible to vote in the precinct or has included a
properly
14.13completed voter registration application in the signature envelope;
14.14(5)
the portion of the certificate completed by a witness as required by section 203B.07,
14.15subdivision 3, paragraph (b), is completed and the document or documents listed that
were
14.16used to prove identity and residence are documents authorized by section 200.035;
14.17(6) the certificate has been completed as prescribed in the directions for casting an
14.18absentee ballot; and
14.19(6) (7) the voter has not already voted at that election, either in person or, if it is after
14.20the close of business on the seventh day before the election, by absentee ballot.
14.21The signature envelope from accepted ballots must be preserved and returned to the
14.22county auditor.
14.23(c)(1) If a majority of the members of the ballot board examining a signature envelope
14.24find that an absentee voter has failed to meet one of the requirements provided in
paragraph
14.25(b), they shall mark the signature envelope "Rejected," initial or sign it below the
word
14.26"Rejected," list the reason for the rejection on the envelope, and return it to the
county
14.27auditor. There is no other reason for rejecting an absentee ballot beyond those permitted
by
14.28this section. Failure to place the ballot within the secrecy envelope before placing
it in the
14.29outer white envelope is not a reason to reject an absentee ballot.
14.30(2) If an envelope has been rejected at least five days before the election, the envelope
14.31must remain sealed and the official in charge of the ballot board shall provide the
voter with
14.32a replacement absentee ballot and signature envelope in place of the rejected ballot.
15.1(3) If an envelope is rejected within five days of the election, the envelope must
remain
15.2sealed and the official in charge of the ballot board must attempt to contact the
voter by
15.3telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official
15.4must document the attempts made to contact the voter.
15.5(d) The official in charge of the absentee ballot board must mail the voter a written
notice
15.6of absentee ballot rejection between six and ten weeks following the election. If
the official
15.7determines that the voter has otherwise cast a ballot in the election, no notice is
required.
15.8If an absentee ballot arrives after the deadline for submission provided by this chapter,
the
15.9notice must be provided between six to ten weeks after receipt of the ballot. A notice
of
15.10absentee ballot rejection must contain the following information:
15.11(1) the date on which the absentee ballot was rejected or, if the ballot was received
after
15.12the required deadline for submission, the date on which the ballot was received;
15.13(2) the reason for rejection; and
15.14(3) the name of the appropriate election official to whom the voter may direct further
15.15questions, along with appropriate contact information.
15.16(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
15.17subject to further review except in an election contest filed pursuant to chapter
209.
15.18 Sec. 13. Minnesota Statutes 2020, section 204B.45, subdivision 2, is amended to read:
15.19 Subd. 2.
Procedure. Mail balloting must be conducted as provided in this section and
15.20Minnesota Rules, part 8210.3000. Notice of the election and the special mail procedure
15.21must be given at least ten weeks prior to the election. Not more than 46 days nor
later than
15.2214 days before a regularly scheduled election and not more than 30 days nor later
than 14
15.23days before any other election, the auditor shall mail ballots by nonforwardable mail
to all
15.24voters registered in the city, town, or unorganized territory. No later than 14 days
before
15.25the election, the auditor must make a subsequent mailing of ballots to those voters
who
15.26register to vote after the initial mailing but before the 20th day before the election.
Eligible
15.27voters not registered at the time the ballots are mailed may apply for ballots as
provided in
15.28chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed
15.29to the auditor or clerk and the voter may return the ballot by mail or in person to
the office
15.30of the auditor or clerk.
The voter must present proof of identity and residence to the voter's
15.31witness in the same manner required by section 203B.08, subdivision 1, paragraph (b).
In
15.32addition to the information required by Minnesota Rules, part 8210.3000, the signature
15.33envelope must include the witness oath prescribed by section 203B.07, subdivision
3,
16.1paragraph (b). The auditor or clerk must appoint a ballot board to examine the mail and
16.2absentee ballot return envelopes and mark them "accepted" or "rejected" within three
days
16.3of receipt if there are 14 or fewer days before election day, or within five days
of receipt if
16.4there are more than 14 days before election day. The board may consist of deputy county
16.5auditors or deputy municipal clerks who have received training in the processing and
counting
16.6of mail ballots, who need not be affiliated with a major political party. Election
judges
16.7performing the duties in this section must be of different major political parties,
unless they
16.8are exempt from that requirement under section
205.075, subdivision 4, or section
205A.10.
16.9If an envelope has been rejected at least five days before the election, the ballots
in the
16.10envelope must remain sealed and the auditor or clerk shall provide the voter with
a
16.11replacement ballot and return envelope in place of the spoiled ballot. If the ballot
is rejected
16.12within five days of the election, the envelope must remain sealed and the official
in charge
16.13of the ballot board must attempt to contact the voter by telephone or e-mail to notify
the
16.14voter that the voter's ballot has been rejected. The official must document the attempts
made
16.15to contact the voter.
16.16If the ballot is accepted, the county auditor or municipal clerk must mark the roster
to
16.17indicate that the voter has already cast a ballot in that election. After the close
of business
16.18on the seventh day before the election, the ballots from return envelopes marked "Accepted"
16.19may be opened, duplicated as needed in the manner provided by section
206.86, subdivision
16.205, initialed by the members of the ballot board, and deposited in the ballot box.
16.21In all other respects, the provisions of the Minnesota Election Law governing deposit
16.22and counting of ballots apply.
16.23The mail and absentee ballots for a precinct must be counted together and reported
as
16.24one vote total. No vote totals from mail or absentee ballots may be made public before
the
16.25close of voting on election day.
16.26The costs of the mailing shall be paid by the election jurisdiction in which the voter
16.27resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
16.28 Sec. 14. Minnesota Statutes 2020, section 204B.46, is amended to read:
16.29204B.46 MAIL ELECTIONS; QUESTIONS.
16.30 A county, municipality, or school district submitting questions to the voters at a
special
16.31election may conduct an election by mail with no polling place other than the office
of the
16.32auditor or clerk. No offices may be voted on at a mail election.
Mail balloting must be
16.33conducted as provided in this section and Minnesota Rules, part 8210.3000. Notice of the
17.1election must be given to the county auditor at least 74 days prior to the election.
This notice
17.2shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail
17.3ballot procedures must be posted at least six weeks prior to the election. Not more
than 46
17.4nor later than 14 days prior to the election, the auditor or clerk shall mail ballots
by
17.5nonforwardable mail to all voters registered in the county, municipality, or school
district.
17.6No later than 14 days before the election, the auditor or clerk must make a subsequent
17.7mailing of ballots to those voters who register to vote after the initial mailing
but before the
17.820th day before the election. Eligible voters not registered at the time the ballots
are mailed
17.9may apply for ballots pursuant to chapter 203B.
The voter must present proof of identity
17.10and residence to the voter's witness in the same manner required by section 203B.08,
17.11subdivision 1, paragraph (b). In addition to the information required by Minnesota
Rules,
17.12part 8210.3000, the signature envelope must include the witness oath prescribed by
section
17.13203B.07, subdivision 3, paragraph (b). The auditor or clerk must appoint a ballot board to
17.14examine the mail and absentee ballot return envelopes and mark them "Accepted" or
17.15"Rejected" within three days of receipt if there are 14 or fewer days before election
day, or
17.16within five days of receipt if there are more than 14 days before election day. The
board
17.17may consist of deputy county auditors, deputy municipal clerks, or deputy school district
17.18clerks who have received training in the processing and counting of mail ballots,
who need
17.19not be affiliated with a major political party. Election judges performing the duties
in this
17.20section must be of different major political parties, unless they are exempt from
that
17.21requirement under section
205.075, subdivision 4, or section
205A.10. If an envelope has
17.22been rejected at least five days before the election, the ballots in the envelope
must remain
17.23sealed and the auditor or clerk must provide the voter with a replacement ballot and
return
17.24envelope in place of the spoiled ballot. If the ballot is rejected within five days
of the election,
17.25the envelope must remain sealed and the official in charge of the ballot board must
attempt
17.26to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
has been
17.27rejected. The official must document the attempts made to contact the voter.
17.28If the ballot is accepted, the county auditor or municipal clerk must mark the roster
to
17.29indicate that the voter has already cast a ballot in that election. After the close
of business
17.30on the seventh day before the election, the ballots from return envelopes marked "Accepted"
17.31may be opened, duplicated as needed in the manner provided by section
206.86, subdivision
17.325, initialed by the ballot board, and deposited in the appropriate ballot box.
17.33In all other respects, the provisions of the Minnesota Election Law governing deposit
17.34and counting of ballots apply.
18.1The mail and absentee ballots for a precinct must be counted together and reported
as
18.2one vote total. No vote totals from ballots may be made public before the close of
voting
18.3on election day.
18.4 Sec. 15. Minnesota Statutes 2020, section 204C.08, subdivision 1d, is amended to read:
18.5 Subd. 1d.
Voter's Bill of Rights. The county auditor shall prepare and provide to each
18.6polling place sufficient copies of a poster setting forth the Voter's Bill of Rights
as set forth
18.7in this section. Before the hours of voting are scheduled to begin, the election judges
shall
18.8post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights
18.9is as follows:
18.10"VOTER'S BILL OF RIGHTS
18.11For all persons residing in this state who meet federal voting eligibility requirements:
18.12(1) You have the right to be absent from work for the purpose of voting in a state,
federal,
18.13or regularly scheduled election without reduction to your pay, personal leave, or
vacation
18.14time on election day for the time necessary to appear at your polling place, cast
a ballot,
18.15and return to work.
18.16(2) If you are in line at your polling place any time before 8:00 p.m., you have the
right
18.17to vote.
18.18(3) If you can provide the required proof of
identity and residence, you have the right
18.19to register to vote and to vote on election day.
18.20(4) If you are unable to sign your name, you have the right to orally confirm your
identity
18.21with an election judge and to direct another person to sign your name for you.
18.22(5) You have the right to request special assistance when voting.
18.23(6) If you need assistance, you may be accompanied into the voting booth by a person
18.24of your choice, except by an agent of your employer or union or a candidate.
18.25(7) You have the right to bring your minor children into the polling place and into
the
18.26voting booth with you.
18.27(8) If you have been convicted of a felony but your felony sentence has expired (been
18.28completed) or you have been discharged from your sentence, you have the right to vote.
18.29(9) If you are under a guardianship, you have the right to vote, unless the court
order
18.30revokes your right to vote.
19.1(10) You have the right to vote without anyone in the polling place trying to influence
19.2your vote.
19.3(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right
19.4to receive a replacement ballot and vote.
19.5(12) You have the right to file a written complaint at your polling place if you are
19.6dissatisfied with the way an election is being run.
19.7(13) You have the right to take a sample ballot into the voting booth with you.
19.8(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth
19.9with you."
19.10 Sec. 16. Minnesota Statutes 2020, section 204C.10, is amended to read:
19.11204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
19.12VOTER RECEIPT.
19.13(a) An individual seeking to vote shall sign a polling place roster or voter signature
19.14certificate which states that the individual is at least 18 years of age, a citizen
of the United
19.15States, has resided in Minnesota for 20 days immediately preceding the election, maintains
19.16residence at the address shown, is not under a guardianship in which the court order
revokes
19.17the individual's right to vote, has not been found by a court of law to be legally
incompetent
19.18to vote or has the right to vote because, if the individual was convicted of a felony,
the
19.19felony sentence has expired or been completed or the individual has been discharged
from
19.20the sentence, is registered and has not already voted in the election. The roster
must also
19.21state: "I understand that deliberately providing false information is a felony punishable
by
19.22not more than five years imprisonment and a fine of not more than $10,000, or both."
19.23(b) At the presidential nomination primary, the polling place roster must also state:
"I
19.24am in general agreement with the principles of the party for whose candidate I intend
to
19.25vote." This statement must appear separately from the statements required in paragraph
(a).
19.26The felony penalty provided for in paragraph (a) does not apply to this paragraph.
19.27(c)
A judge may, Before the applicant signs the roster or voter signature certificate,
a
19.28judge must (1) require the voter to present proof of identity and residence as described
in
19.29section 200.035; and (2) confirm the applicant's name, address, and date of birth.
An applicant
19.30who does not present proof of identity and residence as required by section 200.035
must
19.31not sign the polling place roster or a voter signature certificate, but must be allowed
to cast
19.32a provisional ballot as provided in section 204C.135.
20.1(d) After the applicant signs the roster or voter signature certificate, the judge
shall give
20.2the applicant a voter's receipt. The voter shall deliver the voter's receipt to the
judge in
20.3charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
hand to
20.4the voter the ballot. The voters' receipts must be maintained during the time for
notice of
20.5filing an election contest.
20.6(e) Whenever a challenged status appears on the polling place roster, an election
judge
20.7must ensure that the challenge is concealed or hidden from the view of any voter other
than
20.8the voter whose status is challenged.
20.9 Sec. 17.
[204C.135] PROVISIONAL BALLOTS; PROOF OF IDENTITY AND
20.10RESIDENCE.
20.11 Subdivision 1. Casting of provisional ballots. (a) A voter who is unable to provide
20.12proper proof of identity and residence as required by section 204C.10 is entitled
to cast a
20.13provisional ballot in the manner provided by this section.
20.14(b) A voter seeking to vote a provisional ballot under this section must complete
a
20.15provisional ballot envelope and sign a provisional ballot roster or voter signature
certificate
20.16for a provisional ballot. The envelope must contain a space for the voter to list
the voter's
20.17name, address of residence, date of birth, and any other information prescribed by
the
20.18secretary of state. The voter must also swear or affirm, in writing, that the voter
is eligible
20.19to vote, has not voted previously in the same election, and meets the criteria for
registering
20.20to vote in the precinct in which the voter appears. Once the voter has completed the
20.21provisional ballot envelope, the voter must be allowed to cast a provisional ballot.
The
20.22provisional ballot must be the same as the official ballot available in the precinct
on election
20.23day. A completed provisional ballot must be sealed in a secrecy envelope. The secrecy
20.24envelope must be sealed inside the voter's provisional ballot envelope and deposited
by the
20.25voter in a secure, sealed, provisional ballot box. Completed provisional ballots must
not be
20.26combined with other voted ballots in the polling place.
20.27(c) An election judge must inform the voter on the process to follow to prove residence
20.28and identity during the seven days following the election. The election judge must
inform
20.29the voter of the location of the county auditor or municipal clerk responsible for
accepting
20.30or rejecting provisional ballots and the hours the auditor or clerk is open for business
during
20.31the week following the election.
20.32(d) The form of the secrecy and provisional ballot envelopes must be prescribed by
the
20.33secretary of state. The provisional ballot envelope must be a color other than that
provided
21.1for absentee ballot envelopes. The envelope must be prominently labeled "Provisional
Ballot
21.2Envelope."
21.3(e) Provisional ballots and related documentation must be delivered to and securely
21.4maintained by the county auditor or municipal clerk in the same manner as required
for
21.5other election materials under sections 204C.27 to 204C.28.
21.6 Subd. 2. Accepting or rejecting provisional ballots. (a) A voter who casts a provisional
21.7ballot in the polling place may personally appear before the county auditor or municipal
21.8clerk no later than seven calendar days following the election to prove that the voter's
21.9provisional ballot should be counted. The county auditor's office and the city clerk's
office
21.10must be open for approving provisional ballots on the Saturday following the election
for
21.11the hours prescribed in section 203B.085.
21.12(b) The county auditor or municipal clerk must accept a provisional ballot if:
21.13(1) the statewide voter registration system indicates that the voter is eligible to
vote or,
21.14if challenged, the county auditor or municipal clerk does not, based upon available
records
21.15and any documentation presented by the voter, conclude that the voter is ineligible;
21.16(2) the voter presents proof of identity and residence in the precinct in the manner
21.17permitted by section 200.035 or executes an affidavit described in paragraph (c);
and
21.18(3) the data on the identity and residence document presented by the voter matches
the
21.19data provided by the voter on the provisional ballot envelope.
21.20(c) A voter that attempted to procure proof of identity and residence to satisfy the
21.21requirements of section 200.035 but was unable to do so, may execute a sworn affidavit,
21.22under the penalty of perjury, that states:
21.23(1) the voter is the same voter who cast the provisional ballot;
21.24(2) the voter is eligible to vote, has not voted previously in the same election,
and meets
21.25the criteria for registering to vote in the precinct where the voter cast the provisional
ballot;
21.26(3) the voter attempted to procure proof of identity and residence but was unable
to do
21.27so, and provide an explanation of the reason that the voter was unable to procure
the
21.28necessary proof; and
21.29(4) that the information on the affidavit is true and accurate.
21.30The affidavit must be signed in the presence of the county auditor or municipal clerk.
21.31(d) If the voter's ballot is accepted, the county auditor or municipal clerk must
remove
21.32the ballot from the provisional ballot box, mark the provisional ballot envelope "accepted"
22.1and initial or sign the provisional ballot envelope below the word "accepted." All
accepted
22.2provisional ballot envelopes must be kept together in a secure location. Provisional
ballot
22.3envelopes must only be opened as provided in subdivision 3.
22.4(e) A county auditor or municipal clerk must not accept or count a provisional ballot
if
22.5the voter does not appear before the county auditor or municipal clerk within seven
calendar
22.6days following the election or if the voter does not satisfy the requirements of paragraph
22.7(a).
22.8(f) The county auditor or municipal clerk must notify, in writing, any voter who cast
a
22.9provisional ballot and who does not appear within seven calendar days of the election
that
22.10the voter's provisional ballot was not counted because of the voter's failure to appear
before
22.11the county auditor or municipal clerk within the time permitted by law to determine
whether
22.12the provisional ballot should be counted.
22.13 Subd. 3. Provisional ballots; reconciliation; counting. (a) At the close of business for
22.14the county auditor's or municipal clerk's office on the seventh day after the election,
but
22.15prior to counting any provisional ballots in the final vote totals from a precinct,
the county
22.16auditor or municipal clerk must determine whether the number of signatures appearing
on
22.17the provisional ballot roster or number of voter signature certificates for provisional
ballots
22.18from that precinct is equal to the number of provisional ballots submitted by voters
in the
22.19precinct on election day. If there are excess ballots, ballots must be randomly withdrawn
22.20from the accepted provisional ballot envelopes in the manner required by section 204C.20,
22.21subdivision 2. Any discrepancy must be resolved before the provisional ballots from
the
22.22precinct may be counted.
22.23(b) After the ballots are reconciled pursuant to paragraph (a), the county auditor
or
22.24municipal clerk must open the accepted provisional ballot envelopes and deposit them
in
22.25the appropriate ballot box. The accepted and deposited provisional ballots must be
included
22.26in the final certified results from the precinct.
22.27 Sec. 18. Minnesota Statutes 2020, section 204C.32, is amended to read:
22.28204C.32 CANVASS OF STATE PRIMARIES.
22.29 Subdivision 1.
County canvass. The county canvassing board shall meet at the county
22.30auditor's office on
either the second or third the eighth day following the state primary.
22.31After taking the oath of office, the canvassing board shall publicly canvass the election
22.32returns delivered to the county auditor. The board shall complete the canvass by the
third
23.1eighth day following the state primary and shall promptly prepare and file with the county
23.2auditor a report that states:
23.3(a) the number of individuals voting at the election in the county, and in each precinct;
23.4(b) the number of individuals registering to vote on election day and the number of
23.5individuals registered before election day in each precinct;
23.6(c) for each major political party, the names of the candidates running for each partisan
23.7office and the number of votes received by each candidate in the county and in each
precinct;
23.8(d) the names of the candidates of each major political party who are nominated; and
23.9(e) the number of votes received by each of the candidates for nonpartisan office
in each
23.10precinct in the county and the names of the candidates nominated for nonpartisan office.
23.11Upon completion of the canvass, the county auditor shall mail or deliver a notice
of
23.12nomination to each nominee for county office voted for only in that county. The county
23.13auditor shall transmit one of the certified copies of the county canvassing board
report for
23.14state and federal offices to the secretary of state by express mail or similar service
23.15immediately upon conclusion of the county canvass. The secretary of state shall mail
a
23.16notice of nomination to each nominee for state or federal office.
23.17 Subd. 2.
State canvass. The State Canvassing Board shall meet at a public meeting
23.18space located in the Capitol complex area
seven 14 days after the state primary to canvass
23.19the certified copies of the county canvassing board reports received from the county
auditors.
23.20Immediately after the canvassing board declares the results, the secretary of state
shall
23.21certify the names of the nominees to the county auditors. The secretary of state shall
mail
23.22to each nominee a notice of nomination.
23.23 Sec. 19. Minnesota Statutes 2020, section 204C.33, subdivision 1, is amended to read:
23.24 Subdivision 1.
County canvass. The county canvassing board shall meet at the county
23.25auditor's office between the
third eighth and
tenth 14th days following the state general
23.26election. After taking the oath of office, the board shall promptly and publicly canvass
the
23.27general election returns delivered to the county auditor. Upon completion of the canvass,
23.28the board shall promptly prepare and file with the county auditor a report which states:
23.29(a) the number of individuals voting at the election in the county and in each precinct;
23.30(b) the number of individuals registering to vote on election day and the number of
23.31individuals registered before election day in each precinct;
24.1(c) the names of the candidates for each office and the number of votes received by
each
24.2candidate in the county and in each precinct;
24.3(d) the number of votes counted for and against a proposed change of county lines
or
24.4county seat; and
24.5(e) the number of votes counted for and against a constitutional amendment or other
24.6question in the county and in each precinct.
24.7The result of write-in votes cast on the general election ballots must be compiled
by the
24.8county auditor before the county canvass, except that write-in votes for a candidate
for
24.9federal, state, or county office must not be counted unless the candidate has timely
filed a
24.10request under section
204B.09, subdivision 3. The county auditor shall arrange for each
24.11municipality to provide an adequate number of election judges to perform this duty
or the
24.12county auditor may appoint additional election judges for this purpose. The county
auditor
24.13may open the envelopes or containers in which the voted ballots have been sealed in
order
24.14to count and record the write-in votes and must reseal the voted ballots at the conclusion
of
24.15this process. The county auditor must prepare a separate report of votes received
by precinct
24.16for write-in candidates for federal, state, and county offices who have requested
under
24.17section
204B.09 that votes for those candidates be tallied.
24.18Upon completion of the canvass, the county canvassing board shall declare the candidate
24.19duly elected who received the highest number of votes for each county and state office
voted
24.20for only within the county. The county auditor shall transmit a certified copy of
the county
24.21canvassing board report for state and federal offices to the secretary of state by
messenger,
24.22express mail, or similar service immediately upon conclusion of the county canvass.
24.23 Sec. 20. Minnesota Statutes 2020, section 204C.37, is amended to read:
24.24204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
24.25STATE.
24.26A copy of the report required by sections
204C.32, subdivision 1, and
204C.33,
24.27subdivision 1, shall be certified under the official seal of the county auditor. The copy shall
24.28be enclosed in an envelope addressed to the secretary of state, with the county auditor's
24.29name and official address and the words "Election Returns" endorsed on the envelope.
The
24.30copy of the canvassing board report must be sent by express mail or delivered to the
secretary
24.31of state. If the copy is not received by the secretary of state within ten days following
the
24.32applicable election a primary election, or within 15 days following a general election, the
25.1secretary of state shall immediately notify the county auditor, who shall deliver
another
25.2copy to the secretary of state by special messenger.
25.3 Sec. 21. Minnesota Statutes 2020, section 205.065, subdivision 5, is amended to read:
25.4 Subd. 5.
Results. The municipal primary shall be conducted and the returns made in the
25.5manner provided for the state primary so far as practicable.
The canvass may be conducted
25.6on either the second or third day after the primary.
25.7The governing body of the municipality shall canvass the returns
on the eighth day after
25.8the primary, and the two candidates for each office who receive the highest number of votes,
25.9or a number of candidates equal to twice the number of individuals to be elected to
the
25.10office, who receive the highest number of votes, shall be the nominees for the office
named.
25.11Their names shall be certified to the municipal clerk who shall place them on the
municipal
25.12general election ballot without partisan designation and without payment of an additional
25.13fee.
25.14 Sec. 22. Minnesota Statutes 2020, section 205.185, subdivision 3, is amended to read:
25.15 Subd. 3.
Canvass of returns, certificate of election, ballots, disposition. (a) Between
25.16the
third eighth and
tenth 15th days after an election, the governing body of a city conducting
25.17any election including a special municipal election, or the governing body of a town
25.18conducting the general election in November shall act as the canvassing board, canvass
the
25.19returns, and declare the results of the election. The governing body of a town conducting
25.20the general election in March shall act as the canvassing board, canvass the returns,
and
25.21declare the results of the election
within two days on the eighth day after an election.
25.22(b) After the time for contesting elections has passed, the municipal clerk shall
issue a
25.23certificate of election to each successful candidate. In case of a contest, the certificate
shall
25.24not be issued until the outcome of the contest has been determined by the proper court.
25.25(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality
25.26shall determine the result by lot. The clerk of the canvassing board shall certify
the results
25.27of the election to the county auditor, and the clerk shall be the final custodian
of the ballots
25.28and the returns of the election.
25.29 Sec. 23. Minnesota Statutes 2020, section 205A.03, subdivision 4, is amended to read:
25.30 Subd. 4.
Results. (a) The school district primary must be conducted and the returns
25.31made in the manner provided for the state primary as far as practicable.
If the primary is
25.32conducted:
26.1(1) only within that school district, a canvass may be conducted on either the second
or
26.2third day after the primary; or
26.3(2) in conjunction with the state primary, the canvass must be conducted on the third
26.4day after the primary, except as otherwise provided in paragraph (b).
26.5On the eighth day after the primary, the school board of the school district shall canvass
26.6the returns, and the two candidates for each specified school board position who receive
26.7the highest number of votes, or a number of candidates equal to twice the number of
26.8individuals to be elected to at-large school board positions who receive the highest
number
26.9of votes, are the nominees for the office named. Their names must be certified to
the school
26.10district clerk who shall place them on the school district general election ballot
without
26.11partisan designation and without payment of an additional fee.
26.12(b) Following a school district primary as described in paragraph (a), clause (2),
a canvass
26.13may be conducted on the second day after the primary if the county auditor of each
county
26.14in which the school district is located agrees to administratively review the school
district's
26.15primary voting statistics for accuracy and completeness within a time that permits
the canvass
26.16to be conducted on that day.
26.17 Sec. 24. Minnesota Statutes 2020, section 205A.10, subdivision 3, is amended to read:
26.18 Subd. 3.
Canvass of returns, certificate of election, ballots, disposition. Between the
26.19third eighth and
tenth 14th days after a school district election other than a recount of a
26.20special election conducted under section
126C.17, subdivision 9, or
475.59, the school board
26.21shall canvass the returns and declare the results of the election. After the time
for contesting
26.22elections has passed, the school district clerk shall issue a certificate of election
to each
26.23successful candidate. If there is a contest, the certificate of election to that office
must not
26.24be issued until the outcome of the contest has been determined by the proper court.
If there
26.25is a tie vote, the school board shall determine the result by lot. The clerk shall
deliver the
26.26certificate of election to the successful candidate by personal service or certified
mail. The
26.27successful candidate shall file an acceptance and oath of office in writing with the
clerk
26.28within 30 days of the date of mailing or personal service. A person who fails to qualify
prior
26.29to the time specified shall be deemed to have refused to serve, but that filing may
be made
26.30at any time before action to fill the vacancy has been taken. The school district
clerk shall
26.31certify the results of the election to the county auditor, and the clerk shall be
the final
26.32custodian of the ballots and the returns of the election.
27.1A school district canvassing board shall perform the duties of the school board according
27.2to the requirements of this subdivision for a recount of a special election conducted
under
27.3section
126C.17, subdivision 9, or
475.59.
27.4 Sec. 25.
[357.43] DOCUMENTS REQUIRED FOR VOTER IDENTIFICATION
27.5CARD.
27.6Notwithstanding any provisions to the contrary, no fee shall be charged by the courts
27.7for a certified copy of a court order, decree, record, or other document if the applicant
attests
27.8that the record is needed to obtain a voter identification card issued pursuant to
section
27.9171.07, subdivision 3b.
27.10EFFECTIVE DATE.This section is effective June 1, 2023.
27.11 Sec. 26.
PUBLIC EDUCATION CAMPAIGN.
27.12The secretary of state must contract with a vendor for the production and implementation
27.13of a statewide public educational campaign related to the voter identification requirements
27.14of this article. The campaign must inform voters of the requirements for identification
when
27.15voting, methods of securing sufficient identification, including securing a free voter
27.16identification card if necessary, and the process for provisional balloting for voters
unable
27.17to meet the identification requirements on election day. The secretary of state may
consult
27.18with the vendor in coordinating material related to the campaign, but the secretary,
the
27.19secretary's staff, and any other documents or materials promoting the Office of the
Secretary
27.20of State may not appear visually or audibly in any advertising or promotional items
27.21disseminated by the vendor as part of the public education campaign.
27.22EFFECTIVE DATE.This section is effective the day following final enactment.
27.23 Sec. 27.
PROPOSED LEGISLATION.
27.24(a) By January 15, 2023, the secretary of state must report to the chairs and ranking
27.25minority members of the legislative committees with jurisdiction over elections on
proposed
27.26legislation to amend matters currently contained in administrative rules as necessary
to
27.27implement this act. To the greatest extent practical, this proposed legislation must
propose
27.28codifying into law matters that otherwise would be adopted through the administrative
27.29rulemaking process.
27.30(b) To the extent that codifying matters into law is not practical, the proposed legislation
27.31must direct, by law, specific changes to be made in administrative rules so that no
27.32interpretation of the law by the secretary of state would be necessary, and use of
the good
28.1cause rulemaking exemption in Minnesota Statutes, section 14.388, would be appropriate
28.2if the legislature authorizes use of this process.
28.3(c) Nothing in this section grants rulemaking authority to the secretary of state.
28.4EFFECTIVE DATE.This section is effective the day following final enactment.
28.5 Sec. 28.
VOTER IDENTIFICATION CARD TRAINING FOR DRIVER'S LICENSE
28.6AGENTS.
28.7The commissioner of public safety must provide training for driver's license agents
on
28.8the process for issuing voter identification cards.
28.9EFFECTIVE DATE.This section is effective the day following final enactment.
28.10 Sec. 29.
REPEALER.
28.11Minnesota Statutes 2020, section 201.061, subdivision 7, is repealed.
28.12 Sec. 30.
EFFECTIVE DATE.
28.13Except where otherwise provided, this article is effective on June 1, 2023."
28.14Renumber the sections in sequence and correct the internal references
28.15Amend the title accordingly